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Practice Of Real EstateLicense LawMEDIUM

A Colorado broker is disciplined by CREC and her license is revoked. She wishes to challenge the revocation. Under Colorado administrative law, what is the appropriate first step in contesting a CREC disciplinary order?

Correct Answer

C) Request a hearing before CREC or the Office of Administrative Courts prior to final order.

Under Colorado's Administrative Procedure Act (C.R.S. § 24-4-101 et seq.) and the Real Estate License Act, a licensee facing disciplinary action is entitled to notice and an opportunity for a hearing before a final order is issued. The hearing is typically conducted through the Office of Administrative Courts (OAC). This administrative hearing process must be exhausted before seeking judicial review.

Answer Options
A
File a complaint with the Colorado Association of Realtors ethics committee.
B
File a petition for judicial review in Colorado district court.
C
Request a hearing before CREC or the Office of Administrative Courts prior to final order.
D
Appeal directly to the Colorado Supreme Court within 30 days of the order.

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Related Topics & Key Terms

Key Terms:

administrative_hearingdisciplinary_appealcrecdue_process

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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