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Ny License Law Dos RegulationsDos_structure_and_powersMEDIUM

The New York Department of State receives a complaint that broker Michael Thompson has been commingling client funds with his personal account. Under DOS regulations, what is the Department's primary enforcement power in this situation?

Correct Answer

B) Suspend or revoke Thompson's license after proper proceedings

The New York Department of State has the authority to suspend or revoke real estate licenses for violations of the Real Property Law, including commingling of funds. This action must follow proper administrative proceedings including notice and opportunity for hearing.

Answer Options
A
Issue a warning letter only
B
Suspend or revoke Thompson's license after proper proceedings
C
Refer the matter to local police for criminal prosecution
D
Order immediate restitution without a hearing

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Related Topics & Key Terms

Key Terms:

license_disciplinecomminglingdos_enforcement

Related Concepts

An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.

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A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.

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