The Formal Administrative Complaint

If probable cause is found, the government officially charges you, by filing a Formal Administrative Complaint, which lists all the allegations (facts) and charges against you. An Election of Rights is mailed with the complaint to the licensee. The licensee has 21 days to (1) not dispute the allegations of fact and request an informal hearing, (2) dispute the allegations of fact and request a formal hearing, or (3) not dispute the allegations of fact and waive the right to be heard. If you agree that you did what they said you did, you ask for an Informal Hearing. You go directly before the FREC (Florida Real Estate Commission) at a regular monthly meeting. You effectively plead guilty and explain your side (mitigating circumstances), and the FREC decides your punishment right then and there.If you deny wrongdoing, the FREC cannot hear this (they are not judges). The case is sent to a Formal Hearing before an Administrative Law Judge (ALJ). This is like a real trial with witnesses and evidence. It is important to remember that this Judge does NOT have the power to penalize you directly. They cannot take your license or fine you. Only the FREC can do that.So, what does the Judge do? They act as the "Fact Finder."