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Practice Of Real EstateLicense_lawHARD

After a formal hearing, the Idaho Real Estate Commission revokes broker Elena's license. Elena disagrees with the decision and wants to challenge it. Under Idaho law, what is Elena's proper course of action?

Correct Answer

A) Elena may appeal the Commission's decision to the Idaho District Court under the Idaho Administrative Procedure Act

Under the Idaho Administrative Procedure Act (I.C. § 67-5270 et seq.), a party aggrieved by a final agency order — such as a license revocation by the IREC — may seek judicial review by filing a petition for review in the Idaho District Court. This is the proper statutory mechanism for challenging an IREC disciplinary decision.

Answer Options
A
Elena may appeal the Commission's decision to the Idaho District Court under the Idaho Administrative Procedure Act
B
Elena must first file a complaint with the Idaho Governor's office, which has authority to overturn IREC decisions
C
Elena may appeal directly to the Idaho Supreme Court, bypassing the District Court, because IREC is a state agency
D
Elena must re-apply for a new license after 12 months and the revocation cannot be challenged through any legal process

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Related Topics & Key Terms

Key Terms:

license_revocationappeal_processadministrative_procedurejudicial_review

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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