The Colorado Real Estate Commission receives a complaint that broker David Chen has been operating as an independent broker without meeting the experience requirements. After an investigation, a hearing officer recommends license suspension. David disagrees with the recommendation and wants to challenge it. What is David's proper course of action?
Correct Answer
B) Request a review by the full Colorado Real Estate Commission before seeking judicial review in district court
Under the Colorado Administrative Procedure Act (C.R.S. § 24-4-105), when a hearing officer issues an initial decision in a disciplinary proceeding, the affected party may request review by the full agency — in this case, the Colorado Real Estate Commission — before pursuing judicial review. After the Commission issues a final order, David may then seek judicial review in Colorado district court. This two-step process (agency review, then court review) is the proper administrative appeals path.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
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