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A Georgia licensee needs to distinguish policy authority held by the Commission from administrative work performed by its staff. Which statement correctly allocates those functions?

Correct Answer

C) The Commission may adopt and enforce rules within its statutory authority, while staff carry out administrative and investigative functions.

Under O.C.G.A. § 43-40-2 and § 43-40-8, the Georgia Real Estate Commission is vested with rulemaking and disciplinary authority over licensees. Administrative staff and investigators support the Commission by processing applications, conducting investigations, and managing day-to-day operations, but they do not vote on rules or disciplinary actions. This separation ensures that regulatory decisions are made by Governor-appointed Commission members.

Answer Options
A
Administrative staff independently issue final disciplinary orders, which the Commission then reviews on appeal.
B
The Commission's role is limited to advising the Governor; staff hold the actual rulemaking power.
C
The Commission may adopt and enforce rules within its statutory authority, while staff carry out administrative and investigative functions.
D
Investigators employed by the Commission cast votes on disciplinary matters alongside the appointed members.

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Related Topics & Key Terms

Key Terms:

georgiastate_portiongrec_composition_and_public_memberga_license_law

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