⚖️ Real Estate Act, Rules and Licensing for Mortgage Brokerage

1. How is the Board of the Real Estate Council of Alberta (RECA) composed under the Real Estate Act?

1. 5 members: 2 public members named by the Minister plus 3 licensees elected by industry
2. 9 members: 4 public members named by the Minister plus 5 licensees elected at large
3. 7 members: 3 public members named by the Minister plus 1 from each Industry Council
4. 8 members: the 4 Industry Council chairs plus 4 public members named by the Minister

Under Real Estate Act s 6(1), the Board has 7 members: the Minister appoints 3 public members who must not be licensees, and each of the 4 Industry Councils appoints 1 member who was elected to that Council. The pattern of 2 public members and 3 elected licensees describes an Industry Council (s 7.1(2)), not the Board.

2. How is the Mortgage Broker Industry Council composed under the Real Estate Act?

1. 5 licensees elected by mortgage licensees, with the registrar as non-voting chair
2. 3 public members named by the Minister and 1 licensee appointed by the RECA Board
3. 2 public members named by the Minister and 3 licensees elected by mortgage licensees
4. 4 licensees appointed by the Board and 3 public members named by the Minister

Real Estate Act s 7.1(2) gives each Industry Council 2 public members appointed by the Minister, who must not be licensees, and 3 licensees from that industry elected by its licensees. Three public members is the Board's figure (s 6(1)(a)), and the registrar, who cannot be a licensee, has no seat on any Council.

3. Under s 16 of the Real Estate Act, what must the RECA Board do with its annual report for the previous fiscal year?

1. Prepare it within 90 days of year end and file it with the Legislature, not the public
2. Prepare it within 180 days of year end and send it only to licensees for their review
3. Prepare it within 60 days of year end and post it after the Minister has approved it
4. Prepare it within 120 days of year end, deliver it to the Minister and make it public

Real Estate Act s 16(1) requires the Board, not later than 120 days after the end of RECA's fiscal year, to prepare an annual report containing an audited financial statement, the number of licensees in each class and the compensation paid to Board and Industry Council members, and to deliver a copy to the Minister; s 16(2.1) requires it to be made available to the public. The Act requires no ministerial approval before publication, and a separate 3-year business plan is due 60 days before year end (s 16(1.1)).

4. Which of the following is a statutory purpose of the RECA Board, as opposed to an Industry Council?

1. Setting and enforcing conduct standards for the licensees of a single industry
2. Issuing and renewing individual mortgage associate licences every licensing year
3. Hearing appeals from Hearing Panel decisions on conduct deserving of sanction
4. Setting the strategic direction of RECA and ensuring its effective operation

Real Estate Act s 5(a) makes setting the strategic direction and ensuring the effective operation of the Council a purpose of the Board; s 5(b) adds protecting against fraud and protecting consumers. Setting and enforcing conduct standards for one industry is the purpose of an Industry Council (s 7.2(1)(a)), and appeals from a Hearing Panel go to an Appeal Panel (s 48).

5. The Mortgage Broker Industry Council wants to amend one of its rules. What must happen before the amendment can take effect?

1. The Board must approve it by majority vote; it takes effect once posted online
2. The registrar must certify it; it takes effect 30 days after notice to licensees
3. The Board sends it to the Minister; it takes effect once approved in writing
4. It must be filed under the Regulations Act and published in The Alberta Gazette

Under Real Estate Act s 12(2), an Industry Council submits a proposed rule change to the Board, which transmits it to the Minister, and s 12.1(2) says the rule has no effect until the Minister approves it in writing (Ministerial Regulation s 25.3 removes that requirement only after June 30, 2028). The Regulations Act does not apply to rules (s 13), so Gazette filing is the wrong process.

6. Under the Real Estate Act, which statement about RECA's registrar is accurate?

1. The registrar is elected by licensees and reports to the Industry Council chair
2. The registrar reports to the executive director and cannot be the same person
3. The registrar chairs the Board and reports directly to the Minister on licensing
4. The registrar also serves as executive director and reports to the Board chair

Under Real Estate Act s 8.1, the Board appoints the registrar, who cannot be the person appointed as executive director (s 8.1(1)), reports to the executive director (s 8.1(3)) and is accountable to the Board for the powers and duties given by the Act (s 8.1(4)). The registrar is appointed, not elected, and a licensee is not eligible for the role (s 8.1(2)).

7. An Industry Council may delegate many of its powers by resolution. Which power may it NOT delegate under s 15(2) of the Real Estate Act?

1. Its power to extend a time limit that arises under one of its own rules
2. Its duty to make its meeting agendas and minutes available to the public
3. Its power to issue written directions to licensees under section 10 of the Act
4. Its power to make the rules that govern licensees of the industry it regulates

Real Estate Act s 15(2) lets an Industry Council delegate by resolution any of its powers except (a) making rules, (b) appointing members to the Board and (c) any power, duty or responsibility under Part 3 (conduct proceedings). Directions under s 10, time extensions under s 79(2) and publishing agendas and minutes under s 14(2) are not on that list, and the delegating resolution must be made available to the Board, licensees and the public (s 15(3)).

8. Which matter is dealt with by a bylaw of the RECA Board rather than by a rule of the Mortgage Broker Industry Council?

1. The procedures for appointing the Hearing Panels and Appeal Panels in conduct matters
2. The standards of conduct and the education required of mortgage associates and brokers
3. The contraventions that may draw an administrative penalty, and the penalty amounts
4. The errors and omissions insurance that mortgage licensees must acquire and maintain

Real Estate Act s 11(1)(h.1) authorizes the Board to make bylaws respecting the procedures for appointing Hearing Panels and Appeal Panels, and s 36(1) requires panels to be appointed in accordance with the bylaws. Errors and omissions insurance (s 12(1)(p)), administrative penalty contraventions and amounts (s 12(1)(z)) and standards of conduct and education (s 12(1)(a)) are subjects of Industry Council rules.

9. A licensee sues a Hearing Panel member for lost income after the panel suspended his licence. The member acted in good faith. What does s 78 of the Real Estate Act provide?

1. No action for damages lies against the member for acts done in good faith
2. The claim may proceed, but any damages awarded are paid out of the Assurance Fund
3. The claim may proceed only with the Minister's written consent and Board approval
4. The claim lies against the member personally, but not against RECA as a corporation

Real Estate Act s 78 bars any action or other proceeding for damages against the Minister, RECA, the Board, an Industry Council, their members, officers and employees, their delegates and Hearing or Appeal Panel members for acts done, or for neglect or default, in good faith under the Act, regulations, bylaws or rules. The licensee's route against the suspension is an appeal to an Appeal Panel under s 48, not a damages claim, and the Assurance Fund pays only fraud, breach of trust and trust-accounting claims (s 57(3)).

10. Which person may deal in mortgages in Alberta without a licence from the Mortgage Broker Industry Council?

1. A Law Society of Alberta member in good standing acting in the practice of law
2. A former mortgage broker arranging private loans for friends in return for a fee
3. An unlicensed assistant negotiating loan terms for the brokerage's borrowers
4. A real estate associate arranging financing for a buyer client for a separate fee

Real Estate Act s 2(3)(d) says the Act, as it relates to dealing in mortgages, does not apply to a member in good standing of the Law Society of Alberta acting in the course of the practice of law; s 2(3)(a)-(c) also exempts banks, credit unions, trust and insurance companies and certain employees, subject to the regulations. A real estate licence does not authorize dealing in mortgages (s 17), and negotiating for a fee is dealing whatever the person's past licence.

11. Under the Real Estate Exemption Regulation, which of these is exempt from the Real Estate Act as it relates to acting as a mortgage broker?

1. An insurance agent who refers clients to private lenders for a finder's fee
2. A corporation taking mortgages under a plan to house its own employees
3. A home builder's sales staff arranging buyers' mortgages for a per-file fee
4. A mortgage investment corporation raising money from Alberta retail investors

Real Estate Exemption Regulation s 2(2)(a) exempts a corporation in respect of mortgages given to it under a scheme to provide housing for its own employees or those of a parent, subsidiary or affiliated corporation, and s 2(2)(f) exempts Agriculture Financial Services Corporation. The Regulation lists no exemption for an investment corporation raising investor funds, a person paid a finder's fee or a builder's sales staff; they can rely only on the Act's own exemptions in s 2(3), if any apply.

12. How many classes of mortgage broker licensee do the Real Estate Act Rules establish, and what are they?

1. Three classes: the mortgage brokerage, the mortgage broker and the associate
2. Five classes: brokerage, broker, associate broker, associate and private lender
3. Two classes: the mortgage brokerage and the individual mortgage practitioner
4. Four classes: the brokerage, the broker, the associate broker and the associate

Real Estate Act Rules s 3(1) creates three classes of mortgage brokers: brokerage, broker and associate. Unlike real estate brokerage (s 2(1)) and property management (s 4.1(1)), which each have four classes, the mortgage industry has no associate broker class, which is the usual trap.

13. Under s 3 of the Real Estate Act Rules, what separates a mortgage broker from a mortgage associate?

1. Only the broker may deal in mortgages; the associate may only gather documents
2. Only the associate must be employed by or associated with an Alberta brokerage
3. Only the broker is registered and authorized to operate the mortgage brokerage
4. Only the associate needs a licence; a broker is approved by the brokerage owners

Real Estate Act Rules s 3(3) describes a mortgage broker as an individual registered with and authorized to operate a mortgage brokerage and to deal in mortgages on its behalf; under s 3(4) a mortgage associate is registered with and approved to deal in mortgages on behalf of that brokerage. Both deal in mortgages, both are licensed by the Mortgage Broker Industry Council, and both must be employed by or associated with a licensed Alberta brokerage.

14. A mortgage associate says she missed new re-licensing education because RECA never told her about it. What does s 23 of the Real Estate Act Rules provide?

1. The education binds brokers only; associates cover the same content at the next exam
2. The onus is on her to stay informed; the education is needed to keep her licence
3. RECA must notify each licensee in writing, so her renewal deadline moves by 90 days
4. She may renew now and finish the education within 12 months after the renewal date

Real Estate Act Rules s 23(1) requires a licensee to satisfy all re-licensing education requirements prescribed by the relevant Industry Council to retain a licence, and s 23(2) places the onus on the licensee to be informed of them. Nothing in the Rules makes a notice from RECA a condition or extends the renewal date, and a licence not renewed before October 1 is deemed terminated (s 10(1)(b)).

15. Mei, a mortgage associate, resigns from her brokerage on May 1 and does not register with another brokerage. What happens to her licence?

1. It stays valid until September 30, but she may deal only for her own account
2. It is deemed terminated, as she no longer maintains registration with a brokerage
3. It is suspended until she completes a re-licensing course and rewrites the exam
4. It becomes an inactive licence that she may reactivate at no cost within a year

Real Estate Act Rules s 10(3) deems the licence of a mortgage broker or associate terminated if the licensee fails to maintain registration with a brokerage, and s 8(4) bars dealing in mortgages without a licence. The Rules contain no inactive licence category, and a deemed termination counts as withdrawing from the industry under s 11(a).

16. A mortgage associate who also holds a real estate associate licence asks whether she may be registered with a mortgage brokerage and a real estate brokerage at the same time. What does s 29(3) of the Rules provide?

1. She may not, unless the registrar grants her a written dual-registration exemption
2. She may, as the limit is one brokerage in each industry at any one time
3. She may, but only if both brokerages are owned by the same Alberta corporation
4. She may not, as an individual may be registered with only one brokerage in all

Real Estate Act Rules s 29(3) bars registration as a broker, associate broker or associate with more than one real estate brokerage, one mortgage brokerage, one property management brokerage and one condominium manager brokerage in Alberta at any one time. One brokerage per industry is therefore allowed, but never two mortgage brokerages; the Rules contain no common-ownership condition or registrar exemption.

17. Which circumstance, on its own, makes an applicant ineligible for a mortgage associate licence under s 14 of the Rules?

1. An Assurance Fund payment was made in respect of the applicant and is unrepaid
2. The applicant was discharged from a personal bankruptcy more than 5 years ago
3. The applicant is 19 years old and has no work experience in financial services
4. The applicant moved to Alberta less than 12 months before applying for a licence

Real Estate Act Rules s 14(1)(g) makes a person ineligible if a payment out of the Real Estate Assurance Fund was made in respect of them and has not been repaid; other grounds include unpaid penalties, fines or costs (s 14(1)(h)) and being under 18 (s 14(1)(l)). A 19-year-old meets the age requirement, bankruptcy is a ground only for a broker who is subject to bankruptcy (s 14(1)(m)), and the Rules set no residency period.

18. A mortgage associate's licence was cancelled under the Real Estate Act. Absent a different panel or court order, when can a new licence be issued?

1. Not until 36 months have elapsed from the date of the cancellation
2. Not until 24 months have elapsed and the licensing exams are rewritten
3. Not at all: a cancellation is a lifetime licensing prohibition
4. Not until 12 months have elapsed and a new criminal record check is filed

Real Estate Act Rules s 14(3) provides that a person whose licence was cancelled under the Act is not eligible to be issued a new licence until 36 months have elapsed from the date of cancellation, or a lesser or greater time set by a hearing or appeal panel or the court. The Rules do not make a cancellation permanent.

19. Before enrolling in the pre-licensing course, Omar wants to know whether a past conviction could keep him from being licensed. What do the Rules allow?

1. He must pass the exams first; past convictions are reviewed only at application
2. He may ask the registrar, for a fee, for a written review of his suitability
3. He may ask the Industry Council chair for a binding pre-approval of his file
4. He must ask the Court of King's Bench to declare him fit to hold a licence

Real Estate Act Rules s 19 allows the registrar, at an individual's request and on payment of a fee, to review the individual's suitability for licensing, request information and provide a written response. This lets a prospective licensee raise eligibility issues before investing in education; neither the Industry Council chair nor the Court has that role.

20. Which item is NOT required with a mortgage associate's licence application under s 20(1) of the Rules?

1. A current criminal record check in the form the registrar prescribes
2. The applicable Real Estate Assurance Fund levy set by the Board
3. A Real Estate Insurance Exchange (REIX) errors and omissions premium
4. An affidavit in the prescribed form, along with proof of identity

Real Estate Act Rules s 20(1) requires the fee, an affidavit, proof of identity, a current criminal record check and, for real estate brokers, mortgage brokers and property managers, the Assurance Fund levy; the REIX premium in s 20(1)(e) applies only to real estate brokers and property managers. Mortgage brokerages carry their own errors and omissions insurance under s 118.

21. A mortgage associate is charged with an offence under the Criminal Code. When and how must the registrar be told?

1. Immediately, in writing, with any particulars the registrar requests
2. At the next renewal, by ticking the disclosure box on the application
3. Within 10 business days, by telephone to the registrar's licensing team
4. Within 30 days, in writing, but only if the charge relates to fraud

Real Estate Act Rules s 40(1)(g) requires a licensee to notify the registrar immediately, in writing, when proceedings under the Criminal Code are commenced against them, and s 40(2) requires any particulars and documents the registrar requests. The duty arises when the charge is laid, not on conviction, and it is not limited to fraud.

22. Under s 40 of the Rules, which event does a mortgage licensee NOT have to report to the registrar?

1. A judgment against a company the licensee directed two years ago
2. A provincial speeding ticket resulting only in a fine and demerit points
3. Discipline imposed by a mortgage broker association the licensee belongs to
4. A change in the licensee's legal name after marriage or a court order

Real Estate Act Rules s 40(1)(h) requires notice of a conviction for any offence, excluding provincial or municipal highway traffic offences that result only in monetary fines or demerit points. Discipline by an association (s 40(1)(b)), a judgment against a business the licensee directed in the past three years (s 40(1)(d)) and a name change (s 40(1)(a)) must all be reported immediately in writing.

23. The registrar refuses Lena's licence application under s 34 of the Rules. How can she challenge that decision?

1. Appeal to the Court of King's Bench within 60 days of written notice
2. Request a review by an appeal panel within 30 days of written notice
3. Ask the Mortgage Broker Industry Council to rehear it within 15 days
4. File a complaint with the Minister within 90 days of written notice

Real Estate Act Rules s 39(1)(b) lets a person refused a licence under s 34 request a review by an appeal panel appointed under the Act within 30 days after being notified in writing; the panel hears written and oral representations and may treat the request as an original application (s 39(2)-(3)). Under s 39(5) the appeal panel's decision is final.

24. The only registered broker of a mortgage brokerage resigns suddenly. Under ss 35-36 of the Rules, how can the brokerage licence continue?

1. Through the owners operating without a broker until the next September 30 renewal
2. Through the senior associate acting as broker for 90 days with no notice to the registrar
3. Through a temporary broker licence (12 months maximum) or a new broker within 30 days
4. Through a temporary broker licence (8 months maximum) or a replacement within 7 days

Under Real Estate Act Rules s 35(2)(b) the registrar may suspend a brokerage whose broker has resigned, but s 36(1) lets the registrar continue the licence by issuing a temporary broker licence to a suitable individual or on immediate written application to register a replacement broker within seven days; s 36(2) caps a temporary broker licence at eight months. The brokerage must also notify the registrar of the resignation immediately (s 32(b)).

25. A mortgage associate under investigation applies under s 54 of the Act to withdraw her licence, and the Industry Council approves. What is the effect?

1. Proceedings end, and she may reapply once the complainant consents in writing
2. Proceedings continue in her absence, and any fine becomes a debt to RECA
3. Proceedings end, and the approval is a lifetime licensing prohibition for her
4. Proceedings are paused, and she may apply for a new licence after 5 years

Under Real Estate Act s 54(3), approval of a withdrawal application discontinues all Part 3 proceedings about that conduct, subject to any terms the Industry Council imposes. Real Estate Act Rules s 12 makes an approved s 54 withdrawal a lifetime licensing prohibition, and s 14(1)(k) makes such a person ineligible for any class of licence.

26. In which situation must the Industry Council reject a licensee's application to withdraw from the industry under s 54 of the Act?

1. Fraud or criminal allegations have been made that warrant an investigation
2. The complaint against the licensee came from another licensee, not a consumer
3. The licensee has held a licence for fewer than three consecutive licensing years
4. The licensee still owes the current year's levy to the Real Estate Assurance Fund

Real Estate Act s 54(4) states that an Industry Council must reject a withdrawal application if, in its opinion, allegations of fraud or criminal activity have been made against the licensee and warrant an investigation. Otherwise the Council may approve or reject the application and may attach terms (s 54(2)); length of licensing and the source of the complaint are not criteria.

27. Brokerage A has a service agreement with a borrower and agreed to share its fee with Brokerage B, which helped on the file. If the borrower does not pay, who may sue under s 23 of the Real Estate Act?

1. Only Brokerage B, since it did the work on the file that the unpaid fee relates to
2. Only Brokerage A, as the party to the service agreement, or an assignee of Brokerage A
3. Either brokerage, each suing the borrower for its own share under the sharing agreement
4. Both brokerages together, and only after RECA has approved their sharing agreement

Real Estate Act s 23 provides that where 2 or more licensees agree to share a commission or remuneration, only the licensee entitled to it under a service agreement with a party to the transaction, or that licensee's assignee, may bring an action to recover it from the person liable. The sharing agreement between the brokerages gives Brokerage B no action against the borrower, and the Act requires no RECA approval of such an agreement.

28. An unlicensed consultant arranges a mortgage for a borrower, who then refuses to pay the agreed $3,000 fee. Can the consultant sue for it?

1. Yes, if the fee agreement was in writing and signed by the borrower in advance
2. No; no action lies unless the person held the right licence or was exempt
3. Yes, once the consultant obtains a licence, which then applies retroactively
4. Yes, but only for the part of the fee that covers out-of-pocket expenses

Real Estate Act s 21(1) provides that no action may be brought for a commission or other remuneration for services in the business of a licensee unless, when the services were rendered, the person held the appropriate licence or was exempt. A written fee agreement does not cure the missing licence, and a licence obtained later does not apply retroactively.

29. A borrower paid a $4,500 fee to someone who arranged her mortgage with no licence or exemption. What remedy does s 21.1 of the Real Estate Act give her?

1. She may bring an action to recover the $4,500 she paid to that person
2. She may ask the registrar to order a refund as an administrative penalty
3. She has no remedy, because she agreed to the fee before the services
4. She may claim the $4,500 from the Assurance Fund without first suing

Real Estate Act s 21.1(1) prohibits charging or collecting remuneration for services in the business of a licensee without the appropriate licence or an exemption, and s 21.1(2) lets a person who paid such remuneration bring an action to recover it. The Assurance Fund pays judgments or claims arising from a licensee's fraud or breach of trust (s 57(3)), and an administrative penalty is paid to RECA, not to the borrower (s 83(1)).

30. A mortgage brokerage receives money in trust for a borrower's application. By when must the money be deposited in its trust account?

1. Within 3 business days of receipt, unless the parties agree otherwise in writing
2. Within 5 business days of receipt, unless the parties agree otherwise in writing
3. Within 10 business days of receipt, unless the parties agree otherwise in writing
4. Within 1 business day of receipt, unless the parties agree otherwise in writing

Real Estate Act s 25(1)(b) requires trust money to be deposited within the time prescribed by the regulations, or any period agreed in writing by the parties, in an interest-bearing account designated as a trust account. Real Estate (Ministerial) Regulation s 22 sets that time at 3 business days of receipt (or of acceptance of the offer, for money received with an offer to purchase).

31. Someone is charged with dealing in mortgages without a licence, contrary to s 17. Under s 81 of the Real Estate Act, what are the maximum fine and the time limit to prosecute?

1. Up to $25,000; prosecution within 3 years after the date of the alleged offence
2. Up to $25,000; prosecution within 6 years after RECA discovers the alleged offence
3. Up to $50,000; prosecution within 2 years after the date of the alleged offence
4. Up to $10,000; prosecution within 1 year after RECA discovers the alleged offence

Real Estate Act s 81(1) makes a contravention of s 17 an offence punishable by a fine of not more than $25,000, and s 81(4) allows a prosecution to be commenced within 3 years after the date on which the offence is alleged to have been committed, but not after that date. The period runs from the alleged offence, not from its discovery by RECA.

32. During an investigation of a brokerage, the registrar serves a production order under s 83.2 on a private lender that funded its deals. How may the lender challenge the order?

1. Ask the Industry Council within 15 days to stay the order until a review has been held
2. Apply to the Court within 30 days after receipt, asking it to vary or cancel the order
3. Appeal to a Hearing Panel within 30 days, by written notice of appeal to the RECA Board
4. Apply to the Court within 60 days, but only if the lender is itself under investigation

Real Estate Act s 83.2(9) lets the person to whom the order is directed, the person under investigation named in it, or any other affected person apply to the Court within 30 days after receipt to vary or cancel it, and under s 83.2(10) the Court may do so if the order is not reasonable or unduly prejudices someone. Meanwhile, s 83.2(7) bars withholding, destroying, concealing or refusing to produce what the order requests.

33. Before a Hearing Panel makes its findings, a mortgage broker submits a statement of admission of conduct, and the Board accepts it. What follows under ss 46-47 of the Real Estate Act?

1. The admission ends the proceedings, and no sanction can then be imposed on the broker
2. The complaint is closed, and the admission is published as a letter of reprimand only
3. The registrar imposes an administrative penalty instead of holding any hearing at all
4. The matter goes to a Hearing Panel, and each admission is deemed a finding against him

Under Real Estate Act s 46(1), a licensee may submit a statement of admission of conduct deserving of sanction to the Board after proceedings begin and before the Hearing Panel makes its findings. Once the Board accepts it, s 47(1) requires immediate referral to a Hearing Panel, which deals with the matter as if it had been referred under s 39(1)(b), and s 47(2) deems each admission a finding of conduct deserving of sanction. An admission therefore does not end the proceedings or replace the panel's decision on sanction.

34. The registrar decides to take no further action on Priya's complaint, finding insufficient evidence. What can Priya do?

1. Appeal to the Appeal Panel within 60 days by written notice to the registrar
2. Apply to the Court of King's Bench within 30 days for judicial review only
3. Appeal to a Hearing Panel within 30 days by written notice to the Board
4. Nothing, since a decision of the registrar to close a complaint is binding

Real Estate Act s 40(1)(b) lets a complainant served with a decision that no further action will be taken appeal to a Hearing Panel, by written notice to the Board, within 30 days after receiving the notice. The Hearing Panel decides whether there is enough evidence to warrant a hearing, its decision is final (s 40(3)), and it may order costs against a complainant whose complaint is frivolous or vexatious (s 40(4)).

35. A matter is referred to a Hearing Panel on June 2. Absent another period set by the Board, which timeline does the Real Estate Act require?

1. Hearing to begin within 30 days of referral; notice served at least 7 days before
2. Hearing to begin within 90 days of referral; notice served at least 30 days before
3. Hearing to begin within 60 days of referral; notice served at least 15 days before
4. Hearing to begin within 60 days of referral; notice served at least 5 days before

Real Estate Act s 41(2) requires a hearing to be commenced within 60 days after the matter is referred to the Hearing Panel, or within another period prescribed by the Board, and s 41(3) requires the Board to serve the notice of hearing at least 15 days before the hearing date. The notice must say whether oral or written submissions are accepted and that the hearing may proceed in the licensee's absence (s 41(4)).