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A consumer files a complaint with the New Hampshire Real Estate Commission alleging that broker Thomas engaged in deceptive advertising. After a formal hearing, the Commission determines that Thomas violated RSA Chapter 331-A. Thomas disagrees with the Commission's decision. Under NH administrative law, what is Thomas's proper recourse?

Correct Answer

B) Thomas may appeal the Commission's decision to the New Hampshire Superior Court under RSA Chapter 541

Under New Hampshire administrative law, decisions by state administrative agencies such as the Real Estate Commission are subject to judicial review. A licensee aggrieved by a Commission decision may appeal to the New Hampshire Superior Court pursuant to RSA Chapter 541 (Administrative Procedure Act). The appeal must be filed within the time period specified in the statute.

Answer Options
A
Thomas must file an appeal directly with the New Hampshire Supreme Court within 10 days
B
Thomas may appeal the Commission's decision to the New Hampshire Superior Court under RSA Chapter 541
C
Thomas has no right of appeal because Commission decisions are final and unreviewable
D
Thomas must reapply for his license from the beginning and cannot challenge the Commission's ruling

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Related Topics & Key Terms

Key Terms:

appeal_processjudicial_reviewcommission_decisionadministrative_procedurersa_331_a

Related Concepts

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

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