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Practice Of Real EstateLicense LawMEDIUM

A Maryland real estate salesperson, Jennifer, receives a notice from MREC that a hearing has been scheduled regarding allegations that she made fraudulent misrepresentations to a buyer. Jennifer wants to know her procedural rights before the hearing. Under Maryland law, which of the following rights does Jennifer have in this administrative proceeding?

Correct Answer

D) Jennifer has the right to receive written notice of the charges, present evidence, call witnesses, and be represented by an attorney at the hearing

Under the Maryland Administrative Procedure Act (Md. Code Ann., State Gov't §§ 10-201 et seq.) and MREC's disciplinary procedures under Md. Code Ann., Bus. Occ. & Prof. §§ 17-322 et seq., a licensee facing disciplinary action has the right to written notice of the charges, an opportunity to be heard, the right to present evidence and call witnesses, and the right to be represented by counsel at the administrative hearing.

Answer Options
A
Jennifer has the right to a jury trial because the potential loss of her license constitutes a property interest under the U.S. Constitution
B
Jennifer has the right to appeal directly to the Maryland Court of Special Appeals, bypassing the circuit court
C
Jennifer has the right to have the hearing conducted in the county where the alleged violation occurred
D
Jennifer has the right to receive written notice of the charges, present evidence, call witnesses, and be represented by an attorney at the hearing

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Related Topics & Key Terms

Key Terms:

due_processadministrative_hearinglicensee_rightsmrec_procedures

Related Concepts

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