Broker Dana has her North Dakota real estate license suspended by the NDREC following a disciplinary hearing. Dana believes the Commission's decision was arbitrary and not supported by the evidence presented at the hearing. What is Dana's appropriate legal remedy under North Dakota law?
Correct Answer
B) Dana may appeal the NDREC's decision to the North Dakota district court for judicial review
Under the North Dakota Administrative Agencies Practice Act and NDCC § 43-23-11, a licensee who is aggrieved by an NDREC disciplinary decision may appeal to the district court for judicial review. The district court reviews whether the Commission's decision was supported by the evidence and was made in accordance with proper procedures.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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