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Practice Of Real EstateLicense LawMEDIUM

Broker Kevin received a written complaint filed with IREC alleging that he made fraudulent misrepresentations during a home sale. Under Indiana's disciplinary process, which sequence of events correctly describes how IREC handles a formal complaint?

Correct Answer

B) IREC investigates the complaint, and if probable cause is found, holds an administrative hearing before imposing any discipline

Under IC 25-34.1-6 and the Indiana Administrative Orders and Procedures Act (IC 4-21.5), IREC follows a due process procedure: the complaint is investigated first, and if probable cause exists, a formal administrative hearing is scheduled. The licensee has the right to respond before any disciplinary action is imposed. This protects both the public and the licensee's due process rights.

Answer Options
A
IREC immediately suspends Kevin's license, then conducts an investigation, and reinstates if no violation is found
B
IREC investigates the complaint, and if probable cause is found, holds an administrative hearing before imposing any discipline
C
IREC forwards the complaint directly to the Indiana Attorney General, who decides whether to pursue discipline
D
IREC notifies Kevin's managing broker, who is solely responsible for resolving the complaint without IREC involvement

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Related Topics & Key Terms

Key Terms:

disciplinary_processirec_hearingcomplaint_proceduredue_process

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