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Agency & Professional EthicsABHARD

An Alberta licensee's conduct in a transaction is referred to a RECA Hearing Panel. Under the Real Estate Act, what may the Hearing Panel order if it finds the conduct deserving of sanction?

Correct Answer

C) A reprimand, conditions, a fine, suspension or cancellation of the licence, and costs

Section 43(1) of the Real Estate Act lets a Hearing Panel that finds conduct deserving of sanction cancel or suspend a licence, reprimand the licensee, impose conditions or restrictions, order a fine of up to $25,000 for each finding, bar a new licence application for a period or until conditions are met, or make any order the parties agree to. Under s. 43(2) it may also order the licensee to pay all or part of the investigation and hearing costs.

Answer Options
A
RECA can only issue a verbal warning, since discipline hearings cannot remove a licence
B
RECA can only require the professional to take additional courses, not suspend or fine them
C
A reprimand, conditions, a fine, suspension or cancellation of the licence, and costs
D
RECA must refer all complaints to the criminal courts, which decide any penalty

Why This Is the Correct Answer

Section 43 of the Real Estate Act lists the Hearing Panel's orders: cancellation or suspension, a reprimand, conditions or restrictions, a fine up to $25,000 per finding, a bar on applying for a new licence, orders agreed to by the parties, and costs of the investigation and hearing. This answer captures that range.

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Key Terms

Hearing PanelReal Estate Act s. 43conduct deserving of sanctionfinelicence suspension
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