4. The Pennsylvania Real Estate Commission has received a written complaint that a licensee is engaging in an activity which is prohibited by the Real Estate Licensing and Registration Act. What action is the Commission empowered to take?
Answer: B
The Pennsylvania Real Estate Commission can ascertain the facts and, if warranted, hold a hearing.
The Commission is empowered to gather information regarding the complaint and determine whether further action, such as a hearing, is necessary to address the alleged prohibited activity.
A) Suspend the licensee's license for a period not to exceed 6 months.
Suspending a license is a potential action but is not the first step the Commission would take upon receiving a complaint. The Commission must first ascertain the facts of the situation before deciding on license suspension.
B) Ascertain the facts and, if warranted, hold a hearing.
This option is correct. The Commission's initial responsibility is to investigate the complaint thoroughly. If the findings suggest that the complaint is valid, the Commission can then proceed with a hearing to address the situation.
C) Serve the licensee with a cease and desist order.
While the Commission may have the authority to issue a cease and desist order, this action typically follows an investigation. It is not the first step taken upon receiving a written complaint, making this option less accurate in the context of the question.
D) Transfer the matter to civil authorities in the county in which the alleged activity occurred.
Transferring the matter to civil authorities is not within the primary functions of the Commission when handling complaints. The Commission focuses on regulating real estate practices rather than involving civil authorities as a first response.
Conclusion
The option to ascertain the facts and, if warranted, hold a hearing is the appropriate procedure for the Pennsylvania Real Estate Commission upon receiving a complaint. This process allows for a thorough investigation before any potential disciplinary actions are taken, while the other options either misrepresent the process or describe actions that are not initially undertaken.