24. The Pennsylvania Real Estate Commission has received a written complaint that a licensee is engaged in misconduct. The first step the Commission will usually take is to:
Answer: B
The Pennsylvania Real Estate Commission will usually ascertain the facts and, if warranted, hold a hearing.
Upon receiving a written complaint regarding a licensee's misconduct, the Pennsylvania Real Estate Commission typically begins by investigating the matter to ascertain the facts and determine whether a hearing is warranted.
A) Suspend the licensee's license for a period not to exceed 6 months.
This option is incorrect because the Commission does not automatically suspend a license upon receiving a complaint. Suspension usually occurs after a thorough investigation and finding of misconduct, rather than as an initial step.
B) Ascertain the facts and, if warranted, hold a hearing.
This is the correct option. The first step the Commission takes is to investigate the complaint and gather relevant facts. If the investigation suggests that misconduct may have occurred, the Commission may then proceed to hold a hearing to address the allegations.
C) Serve the licensee with a cease and desist order.
This option is incorrect as serving a cease and desist order is typically a more immediate action taken in response to clear violations, rather than the first step following a complaint. The Commission first needs to ascertain the facts before taking such action.
D) Transfer the matter to civil authorities in the county in which the alleged activity occurred.
This option is also incorrect because the Commission first investigates allegations before deciding whether to refer the case to civil authorities. Transferring the matter is not the initial response to a complaint.
Conclusion
The correct answer is option B, as it accurately reflects the procedural approach of the Pennsylvania Real Estate Commission when dealing with complaints of misconduct. The other options involve actions that are either premature or contingent upon the findings of an initial investigation, thereby failing to address the Commission's standard operating procedure.