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Complaint Process - Investigations


What Happens After a Complaint is Filed?

Complaint Form

Frequently Asked Questions

COMPLAINT FILING INSTRUCTIONS

The Oklahoma Real Estate Commission will initiate a formal investigation upon the filing of a formal complaint by the public or the "Commission," when the complaint alleges a violation of the licensing law.

You should not file a complaint with the Commission in hopes of changing an agreement, voiding a contract, or attempting to solve a civil dispute.  In those cases, you should consult with an attorney.

The complaint should consist of a brief explanation of the facts, presented in the order in which they occurred (i.e. chronologically).  Copies of documents, such as contracts, closing statements, cancelled earnest money checks (front and reverse), or any other article that will assist in validating your grievance should be attached to the complaint.  You should PRINT or TYPE the complaint, and you should avoid expressing your conclusions or opinions.  

After filing the complaint with our office, the Investigation Department conducts an initial investigation.  (If there is insufficient information obtained through this phase of the investigation, the Commission will schedule a preliminary session in front of a case examiner (attorney) and your presence will be required.)  Upon completion of the investigative process, the investigator or attorney will prepare and submit a report to the Commission for presentation at a regularly scheduled meeting.  The Commission will either dismiss the case or order a formal hearing.  You will receive notification as soon as possible after the Commission’s decision.

 

When the Commission orders a formal hearing, the complaining party becomes a witness for the "Commission" and will be required to appear and testify concerning the facts stated in the complaint.


 

As a requirement for acceptance, you must sign and notarize your complaint if it is not on a form provided by the Commission. Send your completed complaint to:

Oklahoma Real Estate Commission
Investigations Department
Denver N. Davison Building
1915 North Stiles Avenue, Suite 200

Oklahoma City, OK 73105-4919

 

Local: 405-521-3387
Toll Free: 1-866-521-3389
Website: www.orec.ok.gov

 

PLEASE BE ADVISED THAT ALL INFORMATION YOU SUBMIT TO THE COMMISSION WILL BE A MATTER OF PUBLIC RECORD.

 

ALL SOCIAL SECURITY NUMBERS MUST BE MARKED OUT ON ALL SUBMITTED DOCUMENTS

 

WHAT HAPPENS AFTER I FILE A COMPLAINT?

After the filing of a sworn complaint against a real estate licensee, the licensee receives notification immediately and has an opportunity to file an answer within fifteen (15) days of the notice.  Following the fifteen-day answer period, the Commission conducts an investigation or Preliminary Investigative Session.  The Investigative Session, in addition to the investigation itself, is under the supervision of the Executive Director of the Commission.  A designated Prosecutor may examine the results of the investigation and/or conduct a Preliminary Investigative Session.  On the Commission’s behalf, the Prosecutor may subpoena witnesses, take testimony by depositions, and compel the production of records or documents bearing upon the complaint.


Upon completion of the investigation or Investigative Session, the Commission receives a written report of all findings.  Following receipt of the report, the Commission shall determine whether to proceed with formal charges and to order a Formal Hearing.  If a Formal Hearing is ordered, the state becomes the “complainant” and you (the complainant) become a “Witness for the State.”


After the Preliminary Investigative Session or the investigation is finished, you may call the Investigations Department during the first week of the month to determine if your case is on the agenda for that month’s meeting.  The Real Estate Commission normally meets the second Wednesday of each month.

 

Definitions

INVESTIGATION: Commission staff interviews the complainant and respondent and any other relevant parties to the transaction to obtain information in connection with the allegations.  The investigator, after researching and compiling information, will subsequently write a report.

PRELIMINARY INVESTIGATIVE SESSION: A preliminary session is an Informal meeting, conducted by a Prosecutor, between the complainant and respondent to obtain information relevant to the allegations.

FORMAL HEARING: A hearing held in accordance with the Administrative Procedures Act and conducted before a Hearing Examiner with a court reporter present.  All witnesses give sworn testimony during a Formal Hearing.

PROSECUTOR: The Prosecutor is an attorney for the Commission who reviews investigative reports, or conducts a Preliminary Investigative Session, to gather information relevant to the allegations, and then makes recommendations to the Commissioners.

HEARING EXAMINER: The Hearing Examiner is an attorney for the Commission who conducts a Formal Hearing and acts as an Administrative Law Judge.

 

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