The NDREC has promulgated rules under North Dakota Administrative Code Title 70 requiring specific language in all agency disclosure forms used by licensees. Broker Carla uses a disclosure form that omits one of the required disclosure elements specified in Title 70. Which of the following best describes the relationship between NDCC Chapter 43-23 and NDAC Title 70 in this situation?
Correct Answer
D) NDAC Title 70 rules have the force of law, and Carla may be disciplined for violating the administrative rule even if the specific requirement is not stated in the statute
Administrative rules promulgated by the NDREC under its statutory authority have the force of law. NDAC Title 70 rules are legally binding on all licensees, and violation of an administrative rule is grounds for discipline under NDCC § 43-23-11, even if the specific requirement appears only in the rule and not in the statute itself. The statute delegates rulemaking authority to the NDREC, making the rules part of the enforceable legal framework.
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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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