A RECA Hearing Panel finds that a licensee's conduct was conduct deserving of sanction. The licensee disagrees with the decision. Under Alberta's Real Estate Act, what appeal route is available?
Correct Answer
D) Appeal to an Appeal Panel within 30 days of being served, then to the Court of King's Bench
Section 48 of the Real Estate Act lets a licensee appeal a Hearing Panel finding or order to an Appeal Panel, and the licensee's notice of appeal must be served on the registrar within 30 days after the Hearing Panel decision is served. The Appeal Panel's decision can then be appealed to the Court, which the Act defines as the Court of King's Bench, by an application filed within 30 days under s. 52.
Why This Is the Correct Answer
Section 48(1) gives a licensee the right to appeal a Hearing Panel's finding or order to an Appeal Panel, and s. 48(4) requires the licensee's notice of appeal to be served on the registrar within 30 days after the Hearing Panel decision is served. Section 52 then allows a further appeal of the Appeal Panel's decision to the Court, defined in s. 1 as the Court of King's Bench, filed within 30 days after the licensee receives the Appeal Panel decision.
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