California Real Estate Practice Exam

When a real estate licensee has been accused of a Code violation, what is the initial step for the Commissioner in initiating the hearing procedure?

1. bring charges against licensee

2. file a complaint against the licensee

3. require complainant to file testimony at the hearing

4. serve the accused licensee with the accusation

The correct answer is: bring charges against licensee

The correct answer is that the initial step for the Commissioner in initiating the hearing procedure is to bring charges against the licensee. This step is essential because it formally outlines the allegations and the nature of the violations that have been accused. Bringing charges sets in motion the process of a dispute resolution, providing clarity on what the licensee is being accused of, which is crucial for both the Commissioner and the licensee involved. This first step is a prerequisite to ensure that the licensee understands the specific violations related to their conduct, allowing them the opportunity to defend themselves during the hearing process. The formal charge also establishes the legal basis for further actions and proceedings. The other options describe subsequent steps or actions that may occur during the hearing process but are not the initial action taken by the Commissioner when addressing a Code violation. For example, filing a complaint often happens before charges are officially brought, while requiring testimony or serving accusations are actions that follow the initial charge bringing. Thus, bringing charges is the correct initial step in the Commissioner’s procedural response to a Code violation accusation.