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Practice Of Real EstateLicense_lawHARD

Agent Michelle received a disciplinary complaint from AREC. After a formal hearing, AREC issued an order suspending her license for 90 days and imposing a $1,000 administrative fine. Michelle believes the Commission's decision was incorrect and wishes to challenge it. Under Arkansas law, what is the proper avenue for Michelle to seek review of AREC's disciplinary order?

Correct Answer

B) Michelle may seek judicial review of AREC's order in the appropriate Arkansas circuit court under the Arkansas Administrative Procedure Act

Under the Arkansas Administrative Procedure Act (Ark. Code Ann. § 25-15-201 et seq.), a person aggrieved by a final decision of a state administrative agency such as AREC may seek judicial review in the appropriate Arkansas circuit court. This is the standard mechanism for challenging final administrative orders in Arkansas. The circuit court reviews whether AREC's decision was supported by substantial evidence and consistent with applicable law.

Answer Options
A
Michelle must appeal directly to the Arkansas Real Estate Commission's full board for a rehearing before any court review is available
B
Michelle may seek judicial review of AREC's order in the appropriate Arkansas circuit court under the Arkansas Administrative Procedure Act
C
Michelle must file her appeal with the Arkansas Supreme Court, which has exclusive jurisdiction over AREC disciplinary matters
D
Michelle may appeal to the Arkansas Real Estate Commission's appellate panel, which is a separate division of AREC established for this purpose

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Related Topics & Key Terms

Key Terms:

judicial_reviewadministrative_proceduredisciplinary_appealarec_authority

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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