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Practice Of Real EstateLicense_lawHARD

When the Georgia Real Estate Commission receives a complaint against a licensee, which statement best describes how the disciplinary process may proceed?

Correct Answer

D) The Commission may resolve a matter through a consent order or proceed to a formal hearing, and many cases are resolved without a full contested hearing.

Under O.C.G.A. Title 43, Chapter 40 and GREC disciplinary procedures, the Commission has multiple procedural paths available when handling complaints. A licensee and the Commission may negotiate a consent order—a voluntary agreement resolving the matter with agreed-upon terms and sanctions—without the need for a full contested hearing. Alternatively, if no agreement is reached, the matter may proceed to a formal evidentiary hearing under the Georgia Administrative Procedure Act. This flexibility allows the Commission to efficiently resolve cases while preserving due process rights.

Answer Options
A
The Commission must impose license revocation as the sole available sanction for any proven violation.
B
A consent order may only be entered after the Commission has conducted a full evidentiary hearing on the merits.
C
If the parties to the underlying transaction reach a private settlement, the Commission loses jurisdiction to pursue disciplinary action against the licensee.
D
The Commission may resolve a matter through a consent order or proceed to a formal hearing, and many cases are resolved without a full contested hearing.

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Related Topics & Key Terms

Key Terms:

georgiastate_portioninvestigations_hearings_and_sanctionsga_license_law
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