Salesperson Dana Chen is found guilty of misappropriating client funds held in her broker's trust account. The NREC holds a formal hearing and determines that Dana's license should be revoked. Dana believes the Commission's decision was made in error. What is Dana's legal recourse under Nebraska law?
Correct Answer
A) Dana may seek judicial review of the Commission's decision in the district court under the Nebraska Administrative Procedure Act
Under the Nebraska Administrative Procedure Act (Neb. Rev. Stat. § 84-917) and the Nebraska Real Estate License Act, a licensee aggrieved by a final NREC decision may seek judicial review in the district court. The district court reviews the administrative record to determine whether the Commission's decision was arbitrary, capricious, or contrary to law.
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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.
More Practice Of Real Estate Questions
In Wyoming real estate practice, an associate broker or salesperson is not associated with a responsible broker at renewal. What should the licensee remember?
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