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Practice Of Real EstateLicense_lawMEDIUM

The LREC promulgates rules and regulations governing real estate practice in Louisiana. A newly proposed LREC rule would require all licensed salespersons to complete an additional 10 hours of fair housing training per renewal cycle. Under Louisiana law, which statement best describes the LREC's rulemaking authority?

Correct Answer

A) The LREC may adopt rules and regulations necessary to carry out the provisions of the license law, subject to the Louisiana Administrative Procedure Act

Under La. R.S. 37:1435, the LREC is authorized to adopt, amend, and repeal rules and regulations necessary to administer the real estate license law. However, this rulemaking authority is subject to the Louisiana Administrative Procedure Act (La. R.S. 49:950 et seq.), which requires notice, public comment periods, and other procedural safeguards before rules become effective.

Answer Options
A
The LREC may adopt rules and regulations necessary to carry out the provisions of the license law, subject to the Louisiana Administrative Procedure Act
B
The LREC may adopt rules only if they are first approved by a statewide referendum of all active licensees
C
The LREC may adopt rules only with the prior written approval of the Louisiana Legislature's Real Estate Subcommittee
D
The LREC may adopt rules independently without any procedural requirements, as it is an autonomous state agency

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Related Topics & Key Terms

Key Terms:

lrecrulemaking_authorityadministrative_procedurelicense_law

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