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Practice Of Real EstateLicense_lawHARD

A licensed New Jersey salesperson is facing a NJREC disciplinary hearing. Under New Jersey administrative law and the Real Estate License Act, which of the following procedural protections does the salesperson NOT have the right to during the formal hearing process?

Correct Answer

C) The right to a jury trial to determine the facts of the disciplinary matter

NJREC disciplinary proceedings are administrative hearings conducted under the New Jersey Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.), not civil or criminal court proceedings. There is no right to a jury trial in an administrative license disciplinary matter. The trier of fact is an administrative law judge (ALJ) or the Commission itself, not a jury. This is a fundamental distinction between administrative and judicial proceedings.

Answer Options
A
The right to be represented by an attorney at the hearing
B
The right to present evidence and cross-examine witnesses
C
The right to a jury trial to determine the facts of the disciplinary matter
D
The right to receive written notice of the specific charges before the hearing

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Related Topics & Key Terms

Key Terms:

disciplinary_hearingprocedural_rightsadministrative_lawjury_trial

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

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.

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