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Grec Rules DisciplinaryPenalties_gaMEDIUM

Under Georgia law, which factor may the GREC consider when determining the severity of a disciplinary sanction against a licensee?

Correct Answer

B) Whether the licensee has a history of repeat violations, poor recordkeeping, misleading advertising, or trust-account irregularities.

Under O.C.G.A. § 43-40-25, the GREC may consider the totality of a licensee's conduct when determining sanctions. Aggravating factors such as repeat violations, inadequate recordkeeping, misleading advertising, and trust-account problems all increase the seriousness of the disciplinary outcome. The Commission evaluates patterns of behavior, not just isolated incidents.

Answer Options
A
Only whether the licensee holds an active trust account, since other violations fall outside GREC jurisdiction.
B
Whether the licensee has a history of repeat violations, poor recordkeeping, misleading advertising, or trust-account irregularities.
C
Only the dollar amount of a single transaction in question, with no consideration of the licensee's overall compliance history.
D
Whether the licensee voluntarily surrendered the license before the formal hearing, which automatically prevents any sanction.

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