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Practice Of Real EstateLicense_lawEASY

A real estate licensee believes that FREC has exceeded its authority in a recent rule interpretation. The licensee wants to challenge this decision through the proper legal channels. What is the most appropriate course of action for the licensee to take?

Correct Answer

C) Request a hearing before the Division of Administrative Hearings (DOAH)

Under Florida's Administrative Procedure Act, a licensee who believes a state agency like FREC has exceeded its authority in a rule interpretation challenges that action by requesting a formal administrative hearing before the Division of Administrative Hearings (DOAH).

Answer Options
A
Submit a petition for rulemaking to FREC
B
File a complaint with the local circuit court
C
Request a hearing before the Division of Administrative Hearings (DOAH)
D
Appeal the decision to the Florida District Court of Appeal

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Related Topics & Key Terms

Key Terms:

FRECappealsadministrative lawcourt jurisdiction

Related Concepts

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.

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.

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