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Practice Of Real EstateLicense_lawMEDIUM

A real estate licensee believes that FREC made an error in denying their license renewal application. The licensee wants to challenge this decision through the proper legal channels. What is the correct procedure for appealing a FREC decision?

Correct Answer

A) File a complaint with the Division of Administrative Hearings within 21 days

Correct: Appeals of FREC decisions must be filed with the Division of Administrative Hearings (DOAH) within 21 days of the final order. Why not B: FREC has already made its decision; requesting another FREC hearing is not the proper appeal process. Why not C: Appeals do not go directly to the Florida Supreme Court; they follow administrative law procedures first. Why not D: Judicial review comes after the administrative process is exhausted, not as the first step.

Answer Options
A
File a complaint with the Division of Administrative Hearings within 21 days
B
Request a hearing before the full FREC board within 30 days
C
Appeal directly to the Florida Supreme Court within 60 days
D
File a petition for judicial review in district court within 30 days

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Related Topics & Key Terms

Key Terms:

FRECappealsadministrative_lawDOAH

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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