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What Happens After a Complaint is Filed


After the filing of a sworn complaint against a real estate licensee, the licensee receives notification immediately and has an opportunity to file an answer within fifteen (15) days of the notice.  Following the fifteen-day answer period, the Commission conducts an investigation or Preliminary Investigative Session.  The Investigative Session, in addition to the investigation itself, is under the supervision of the Executive Director of the Commission.  A designated Prosecutor may examine the results of the investigation and/or conduct a Preliminary Investigative Session.  On the Commission’s behalf, the Prosecutor may subpoena witnesses, take testimony by depositions, and compel the production of records or documents bearing upon the complaint.

Upon completion of the investigation or Investigative Session, the Commission receives a written report of all findings.  Following receipt of the report, the Commission shall determine whether to proceed with formal charges and to order a Formal Hearing.  If a Formal Hearing is ordered, the state becomes the “complainant” and you (the complainant) become a “Witness for the State.”

After the Preliminary Investigative Session or the investigation is finished, you may call the Investigations Department during the first week of the month to determine if your case is on the agenda for that month’s meeting.  The Real Estate Commission normally meets the second Wednesday of each month.

Definitions

INVESTIGATION: Commission staff may interview the complainant and respondent and any other relevant parties to the transaction to obtain information in connection with the allegations.  The investigator, after researching and compiling information, will subsequently write a report.

PRELIMINARY INVESTIGATIVE SESSION: A preliminary session is an Informal meeting, conducted by a Prosecutor, between the complainant and respondent to obtain information relevant to the allegations.

FORMAL HEARING: A hearing held in accordance with the Administrative Procedures Act and conducted before a Hearing Examiner with a court reporter present.  All witnesses give sworn testimony during a Formal Hearing.

PROSECUTOR: The Prosecutor is an attorney for the Commission who reviews investigative reports, or conducts a Preliminary Investigative Session, to gather information relevant to the allegations, and then makes recommendations to the Commissioners.

HEARING EXAMINER: The Hearing Examiner is an attorney for the Commission who conducts a Formal Hearing and acts as an Administrative Law Judge.

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