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Grec Rules DisciplinaryComplaint_processMEDIUM

A Georgia licensee is the subject of a GREC complaint arising from a purchase transaction that fell through before closing. The licensee argues that because the transaction never closed, the Commission has no basis to take action. Which statement correctly describes the Commission's authority?

Correct Answer

A) A final order or consent order can impose conditions that affect the licensee's license even if the underlying transaction was never completed.

A is correct. Under O.C.G.A. § 43-40-25, the Commission's authority to discipline licensees is based on the licensee's conduct, not on the outcome of the transaction. Whether a transaction closed, collapsed, or was never completed does not limit the Commission's power to issue final orders or consent orders imposing conditions such as fines, probation, suspension, additional education, or revocation.

Answer Options
A
A final order or consent order can impose conditions that affect the licensee's license even if the underlying transaction was never completed.
B
Consent orders may only be issued when both parties agree to a monetary settlement, and they cannot impose license restrictions.
C
The Commission must refer the matter to the local superior court if the transaction did not close, as it lacks jurisdiction over incomplete transactions.
D
The complaint process requires the Commission to complete a full evidentiary hearing before any preliminary investigative steps can be taken.

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Key Terms:

georgiastate_portioncomplaint_processgrec_rules_and_disciplinary
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