ESP Common Terminology and Types of Discipline

Board or Commission: The Division of Real Estate administers three boards and commissions. They are the Board of Mortgage Loan Originators, the Board of Real Estate Appraisers, and the Colorado Real Estate Commission.  

Complainant: The individual or business that submits a complaint to the Division of Real Estate.

Respondent: The subject of a complaint submitted to the Division of Real Estate or initiated by the Division of Real Estate.

Dismissal: If the Board or Commission determines that the Respondent did not violate any statutes or rules or that there is insufficient evidence to substantiate a violation of statutes or rules, then the case is dismissed. If the Board or Commission does not have jurisdiction over the person or facts that were the basis of the complaint, the complaint will be dismissed. Dismissals are not public documents pursuant to the Colorado Open Records Act (“CORA”).

Dismiss with a Letter of Concern: If the Board or Commission is concerned about the Respondent’s practice or conduct, but there is not a supportable violation, the Board or Commission may issue a letter of concern to the Respondent and the case is dismissed. Dismissals with a Letter of Concern are not public documents pursuant to CORA.

Letter of Admonition (“LOA”): If the Board or Commission finds the Respondent violated any rules or statutes, it can issue a LOA admonishing the Respondent for his/her conduct. Within twenty (20) days of receipt of the letter, the Respondent may request the initiation of an administrative proceeding to adjudicate the propriety of the conduct on which the LOA is based. LOAs are not public documents pursuant to CORA.

Cease and Desist Order: Certain cases involve unlicensed practice or activity. A Cease and Desist Order can be issued and delivered to the Respondent in these matters as follows: the Board of Mortgage Loan Originators and the Board of Real Estate Appraisers may issue a Cease-and-Desist Order; however, the Real Estate Commission must refer the case immediately to the Office of the Attorney General for injunctive relief. Cease and Desist Orders are generally considered public documents pursuant to CORA.

Corrective Education: A course or series of courses that the Respondent is required to complete to satisfy imposed disciplinary action, whether assigned through ESP or another enforcement process. Corrective Education does not count toward continuing education requirements for license renewal, which is otherwise required to maintain an active license. Corrective education courses are remedial in nature and are designed to address specific violations or license deficiencies. The Division has compiled two tables of courses that satisfy Corrective Education in a variety of subjects. These tables, one for Real Estate Brokers, and one for Real Estate Appraisers, can be found below on this page. 

Diversion: A stipulated agreement between the Board or Commission and the Respondent in which remedial action must be taken by the Respondent before a complaint is dismissed. Stipulations for Diversion are public records pursuant to CORA, and the Board or Commission may consider these agreements as administrative proceedings in subsequent cases.

Final Agency Order (“FAO”): The final order issued by the Board or Commission documenting the disciplinary or licensure terms imposed against a Respondent for misconduct. FAO is a public record available for inspection pursuant to CORA.

Fine: A monetary penalty imposed as a result of a license law violation.

License Downgrade: A reduction in the level of licensure intended to limit the capacity in which a Respondent may practice.

Practice Restriction/Restricted License: A restriction placed upon an initial license that enables the Board or Commission to test the Respondent’s compliance with the license law and the character standards associated with the professional license.  

Probation: A specified period of time in which a Respondent is subject to certain terms and conditions. The Respondent is allowed to continue to practice so that the Board or Commission can test the Respondent’s compliance with the license law and the character standards associated with the professional license.

Public Censure: Public notification of the Respondent's misconduct and resulting discipline that is published in the Division’s newsletter and on the Division’s website.

Revocation: The punitive loss of a professional license as a result of misconduct.

Supervision: A specified period of time in which the Respondent must have their licensed activities monitored, and if necessary modified, by an appropriately credentialed supervisor capable of identifying and correcting the practice deficiencies of the Respondent.

Suspension: A punitive action wherein the Respondent is prohibited from performing any activities that require the professional license for a specified period of time.

Voluntary Surrender: As a result of misconduct, the Respondent surrenders a license and abandons the ability to perform the acts that require a professional license. A voluntary surrender is equivalent to a revocation.