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Practice Of Real EstateLicense LawMEDIUM

AREC is considering adopting a new administrative rule that would require all real estate licensees to complete an additional five hours of continuing education focused on Alaska Native land issues. Under Alaska's administrative law framework, which of the following best describes AREC's authority to adopt this rule?

Correct Answer

B) AREC may adopt the rule through the administrative rulemaking process under the Alaska Administrative Procedure Act, which becomes part of 12 AAC 64.

AREC has the authority to adopt administrative regulations implementing AS 08.88 through the rulemaking process established by the Alaska Administrative Procedure Act. These regulations are codified in 12 AAC 64. The process requires public notice and a comment period but does not require a separate legislative vote for each rule change.

Answer Options
A
AREC may adopt the rule only with approval from the Alaska State Legislature through a formal vote.
B
AREC may adopt the rule through the administrative rulemaking process under the Alaska Administrative Procedure Act, which becomes part of 12 AAC 64.
C
AREC may adopt the rule unilaterally without any public notice or comment period, as it is an internal agency matter.
D
AREC may not adopt the rule because continuing education requirements can only be changed by amending AS 08.88 directly.

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Related Topics & Key Terms

Key Terms:

ARECrulemaking_authority12_AAC_64administrative_lawcommission_powers

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