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Practice Of Real EstateLicense LawHARD

A consumer files a complaint with the NDREC alleging that salesperson Greg violated North Dakota license law by failing to disclose a known material defect. After a full hearing, the NDREC finds Greg guilty and orders a 90-day license suspension plus a $1,000 civil penalty. Greg appeals to the district court. During the appeal, which of the following best describes the district court's standard of review?

Correct Answer

D) The district court reviews whether the NDREC's decision was supported by a preponderance of the evidence and was made in accordance with proper legal procedures

Under the North Dakota Administrative Agencies Practice Act, when a party appeals an administrative agency decision to district court, the court reviews whether the agency's decision was supported by a preponderance of the evidence, was in accordance with law, and followed proper procedures. This standard of review is more deferential than a de novo trial but does allow the court to examine the evidentiary record and legal conclusions.

Answer Options
A
The district court defers entirely to the NDREC's factual findings and may only review pure legal questions of statutory interpretation
B
The district court may only review whether the civil penalty amount was appropriate and cannot disturb the license suspension
C
The district court conducts a completely new trial, hearing all witnesses and evidence from the beginning as if the NDREC hearing never occurred
D
The district court reviews whether the NDREC's decision was supported by a preponderance of the evidence and was made in accordance with proper legal procedures

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Related Topics & Key Terms

Key Terms:

ndrecjudicial_reviewstandard_of_reviewappealdisciplinary_action

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