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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.

Answer Options
A
Appeal directly to the Alberta Court of Appeal, without any further review inside RECA
B
Appeal to the Land and Property Rights Tribunal, then to the Court of King's Bench on law
C
No appeal is available at all, because a Hearing Panel decision is final and binding on the licensee
D
Appeal to an Appeal Panel within 30 days of being served, then to the Court of King's Bench

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Key Terms

Hearing PanelAppeal PanelCourt of King's BenchReal Estate Act s. 48Real Estate Act s. 52
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