Question 23

The Commission is empowered to ascertain the facts and, if warranted, hold a hearing.

The Pennsylvania Real Estate Commission has the authority to investigate complaints and determine the validity of the allegations. If the facts support the complaint, the Commission can proceed to hold a hearing to address the issues raised.

A) Suspend the licensee's license for a period not to exceed 6 months

This option is incorrect because the Commission does not have the immediate power to suspend a license without first investigating the complaint and holding a hearing. Suspension is a potential outcome but is not an initial action that the Commission can take.

B) Ascertain the facts and, if warranted, hold a hearing

This is the correct answer as it accurately reflects the Commission's initial step in addressing complaints. The Commission must first gather information and determine whether a hearing is necessary based on the evidence presented.

C) Serve the licensee with a cease and desist order

While the Commission has the authority to issue cease and desist orders, this option is not the first action taken. The Commission must investigate the complaint to ascertain the facts before deciding to serve such an order.

D) Transfer the matter to civil authorities in the county in which the alleged activity occurred

This option is also incorrect because the Commission is not required to transfer matters to civil authorities without first conducting its own investigation. The Commission has the jurisdiction to handle the complaint internally.

Conclusion

The correct answer, option B, is definitive as it emphasizes the Commission's responsibility to investigate and hold hearings before taking further action. Other options fail to recognize the necessary procedural steps that must be followed prior to any punitive measures.