A consumer files a complaint with GREC against a licensee while simultaneously pursuing a civil lawsuit against the same licensee over the same transaction. Which statement best describes GREC's authority in this situation?
Correct Answer
D) GREC has discretion in deciding how to resolve the complaint and is not required to treat every private grievance as a regulatory violation
Under O.C.G.A. § 43-40-25 and GREC's established complaint procedures, the Commission exercises discretion in evaluating complaints and determining appropriate action. Not every consumer grievance rises to the level of a license law violation. GREC distinguishes between private contractual or monetary disputes—which are properly resolved in civil court—and conduct that threatens the public interest and warrants regulatory discipline. The Commission may dismiss, investigate, negotiate a consent order, or refer for hearing based on the specific facts.
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In a formal GREC disciplinary hearing regarding alleged license law violations by a licensee, what standard of proof must be met to support disciplinary action?
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A Georgia licensee is the subject of a GREC complaint filed by a buyer who is also suing the licensee in civil court for monetary damages arising from the same transaction. The licensee's attorney argues that the Commission should dismiss the complaint because the matter is already being litigated in civil court. How should the Commission proceed?