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The Colorado Real Estate Commission wishes to establish a new rule requiring all employing brokers to maintain client trust account records for a minimum of seven years. To accomplish this, the Commission must follow which process?

Correct Answer

D) Follow the Colorado Administrative Procedure Act rulemaking process, including public notice and comment

The Colorado Real Estate Commission has rulemaking authority under C.R.S. § 12-10-213, but must exercise that authority in compliance with the Colorado Administrative Procedure Act (C.R.S. § 24-4-103). This requires the Commission to provide public notice of proposed rules, allow a public comment period, and hold a hearing if requested before rules become effective. This process ensures transparency and public participation in regulatory rulemaking.

Answer Options
A
Submit the proposed rule to the Colorado legislature for approval before it takes effect
B
Pass the rule by a majority vote of Commission members, effective immediately upon passage
C
Obtain written approval from the Governor's office before the rule can be promulgated
D
Follow the Colorado Administrative Procedure Act rulemaking process, including public notice and comment

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Related Topics & Key Terms

Key Terms:

rulemaking_authoritycrec_powersadministrative_procedurecommission_structure

Related Concepts

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

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.

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