Florida Broker Practice Exam

What does the term "recommended order" refer to in this context?

1. A proposal for disciplinary action

2. The FREC's final decision

3. A suggestion for mediation

4. A mandatory requirement for hearings

The correct answer is: A proposal for disciplinary action

The term "recommended order" refers to a proposal for disciplinary action in the context of administrative proceedings, particularly regarding real estate regulations and the Florida Real Estate Commission (FREC). When an administrative law judge reviews a case and determines the appropriate course of action after a hearing, they will issue a recommended order. This document outlines their findings and suggests a specific action, such as penalties or disciplinary measures, based on the evidence presented. The recommended order serves as guidance for the FREC, but it is not the final decision; the FREC may choose to accept, modify, or reject it during their subsequent deliberations. This distinguishes it from a final decision, which is the FREC's binding conclusion on the matter after reviewing the recommended order. It also differs from mediation suggestions and the mandatory requirements for hearings, as those serve different functions in the disciplinary and regulatory process. The term captures a vital step in the adjudication pathway but stops short of being the ultimate ruling.