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The Mississippi Real Estate Commission is considering adopting a new rule regarding trust account recordkeeping requirements for brokers. Which of the following actions is the MREC authorized to take under the Mississippi Real Estate Brokers License Act?

Correct Answer

B) Promulgate the rule through its rulemaking authority, making it effective without requiring legislative action

Under Miss. Code Ann. §73-35-3 and the Mississippi Real Estate Brokers License Act of 1954, the MREC has the authority to promulgate rules and regulations governing real estate licensees. This rulemaking power allows the commission to adopt administrative rules without requiring each rule to go through the full legislative process, though rules must comply with the Mississippi Administrative Procedures Law.

Answer Options
A
Propose the rule to the Mississippi Legislature, which must pass it as a statute before it becomes effective
B
Promulgate the rule through its rulemaking authority, making it effective without requiring legislative action
C
Request the Mississippi Attorney General to draft the rule and issue it as an enforcement directive
D
Submit the rule to the Mississippi Secretary of State for final approval and publication in the state register

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Related Topics & Key Terms

Key Terms:

mreccommission_powersrulemakingadministrative_authority

Related Concepts

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