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Practice Of Real EstateLicense LawMEDIUM

Under Hawaii Administrative Rules Title 16 Chapter 99, which entity is primarily responsible for promulgating the administrative rules that implement HRS Chapter 467 and govern day-to-day real estate licensing operations, including advertising standards and trust account requirements?

Correct Answer

B) The Hawaii Real Estate Commission (HREC), subject to approval by the Director of Commerce and Consumer Affairs

Under HRS Chapter 467 and HAR Title 16 Chapter 99, the Hawaii Real Estate Commission has the authority to promulgate administrative rules implementing the real estate licensing statute. These rules, which cover advertising standards, trust account requirements, continuing education, agency disclosure forms, and broker supervision duties, are subject to approval by the Director of Commerce and Consumer Affairs, as the HREC operates within the DCCA.

Answer Options
A
The Hawaii Department of Commerce and Consumer Affairs (DCCA) acting alone without Commission input
B
The Hawaii Real Estate Commission (HREC), subject to approval by the Director of Commerce and Consumer Affairs
C
The Hawaii Legislature through direct statutory enactment without administrative rulemaking
D
The National Association of REALTORS® through its state affiliate, the Hawaii Association of REALTORS®

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Related Topics & Key Terms

Key Terms:

hrec_rulemakinghar_title_16dccaadministrative_ruleshrs_467

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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