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Grec Rules DisciplinaryPenalties_gaMEDIUM

A Georgia licensee is under investigation by GREC for a recordkeeping violation. Upon learning of the investigation, the licensee immediately corrects all deficient records. Which of the following statements best reflects how Georgia disciplinary law treats this situation?

Correct Answer

A) The original violation remains actionable, and after-the-fact correction does not automatically prevent GREC from imposing disciplinary sanctions.

Under O.C.G.A. § 43-40-25, a violation is established at the time the prohibited conduct occurs or the required duty is breached. While voluntary remediation may be considered a mitigating factor when GREC determines the appropriate sanction under its disciplinary ladder, it does not retroactively eliminate the violation itself. GREC retains full authority to investigate, adjudicate, and impose discipline for the original infraction, including citations, fines, license suspension, or revocation.

Answer Options
A
The original violation remains actionable, and after-the-fact correction does not automatically prevent GREC from imposing disciplinary sanctions.
B
GREC may only pursue disciplinary action for unlicensed activity if the Commission can demonstrate that a consumer suffered a quantifiable financial loss.
C
Repeated violations of the same rule are generally treated with increasing leniency because the licensee's familiarity with the conduct demonstrates a lack of intent to harm.
D
GREC's disciplinary authority exists primarily to resolve commission disputes between brokers and salespersons rather than to address public protection concerns.

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Key Terms:

georgiastate_portionpenalties_gagrec_rules_and_disciplinary
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