Thomas holds an active Massachusetts broker's license and operates his own independent brokerage. He was recently convicted of larceny in a Massachusetts court. The Massachusetts Board of Registration is now reviewing his license. Under MGL Chapter 112, which of the following most accurately describes the Board's authority in this situation?
Correct Answer
B) The Board may revoke, suspend, or refuse to renew Thomas's license based on a conviction involving moral turpitude or dishonesty, following a hearing
Under MGL Chapter 112, Section 61, the Board has broad authority to revoke, suspend, or refuse to renew a license based on a conviction of a crime involving moral turpitude or dishonesty. Larceny clearly involves dishonesty and would fall within this category. However, the Board must follow due process requirements, which include providing the licensee with notice and an opportunity to be heard at a formal hearing before taking disciplinary action. The Board has discretion in determining the appropriate sanction.
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Related Topics & Key Terms
Key Terms:
Related Concepts
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
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