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Practice Of Real EstateLicense LawMEDIUM

The Maryland Real Estate Commission is considering adopting a new regulation that would require all licensees to complete an additional two hours of fair housing training at each renewal cycle. Under Maryland law, which of the following best describes MREC's authority to adopt this type of regulation?

Correct Answer

B) MREC may adopt regulations within the scope of its enabling statute, subject to the Maryland Administrative Procedure Act and approval through the Joint Committee on Administrative, Executive, and Legislative Review

Under Md. Code Ann., Bus. Occ. & Prof. § 17-209, MREC has the authority to adopt regulations to carry out the provisions of the Real Estate Brokers Act. However, all regulations must comply with the Maryland Administrative Procedure Act (Md. Code Ann., State Gov't §§ 10-101 et seq.) and are subject to review by the Joint Committee on Administrative, Executive, and Legislative Review (AELR), which can disapprove regulations that exceed statutory authority.

Answer Options
A
MREC may adopt the regulation independently without any legislative involvement because it has plenary rulemaking authority over all aspects of real estate practice
B
MREC may adopt regulations within the scope of its enabling statute, subject to the Maryland Administrative Procedure Act and approval through the Joint Committee on Administrative, Executive, and Legislative Review
C
MREC must obtain direct approval from the Maryland Governor before any new continuing education requirement can take effect
D
MREC may only adopt regulations that have been specifically authorized by a separate act of the Maryland General Assembly for each individual requirement

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Related Topics & Key Terms

Key Terms:

mrec_rulemakingadministrative_procedureaelr_reviewregulatory_authority

Related Concepts

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

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.

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