Which body constitutes the final order panel?

• A. The presiding Administrative Law Judge
• B. A random panel of members from FREC
• C. The Secretary of DBPR
• D. All FREC members except those who served on the probable cause panel in the same action

Answer: (D)

The final order on a disciplinary case is issued by the Florida Real Estate Commission with a safeguard for impartiality: all FREC members participate except those who served on the probable cause panel for that same action. This setup prevents anyone who already reviewed the case at the probable cause stage from influencing the final decision.

The presiding Administrative Law Judge does not issue the final order; they typically render a recommended order. The Secretary of the Department of Business and Professional Regulation is not the final arbiter of disciplinary actions. Your choice reflects the proper separation and avoidance of conflicts, ensuring the final decision comes from the Commission with only the remaining members weighing in.