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The Idaho Real Estate Commission is considering revoking the license of broker Daniel after receiving multiple complaints. Before the Commission can formally revoke Daniel's license, Idaho law requires which of the following procedural steps?

Correct Answer

D) The Commission must provide Daniel with notice and an opportunity for a hearing before imposing revocation

Under Idaho Code § 54-2020 and the Idaho Administrative Procedure Act (I.C. § 67-5240 et seq.), the IREC must provide a licensee with written notice of the charges and an opportunity for a contested case hearing before imposing revocation. Due process protections require notice and a hearing before a final disciplinary order is issued.

Answer Options
A
The Commission must first suspend Daniel's license for 90 days and then automatically convert it to revocation
B
The Commission must refer the matter to the Idaho Attorney General for criminal prosecution before revoking the license
C
The Commission must obtain a court order from the Idaho District Court before any license revocation can take effect
D
The Commission must provide Daniel with notice and an opportunity for a hearing before imposing revocation

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Related Topics & Key Terms

Key Terms:

license_revocationdue_processdisciplinary_hearingirec_powers

Related Concepts

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.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

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