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Practice Of Real EstateLicense_lawHARD

Licensed New Jersey broker Evelyn is found guilty by the NJREC of having violated the License Act by engaging in repeated acts of misrepresentation over a two-year period involving multiple transactions. The NJREC issues a final order revoking her license. Evelyn disagrees with the decision. What is the proper avenue for Evelyn to challenge the NJREC's final order?

Correct Answer

A) Evelyn may appeal the NJREC's final order to the New Jersey Appellate Division of the Superior Court.

Under the New Jersey Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.) and New Jersey Court Rules, final orders of state administrative agencies—including the NJREC—are appealable to the New Jersey Appellate Division of the Superior Court. The Appellate Division reviews whether the agency's decision was arbitrary, capricious, or unsupported by substantial evidence in the record.

Answer Options
A
Evelyn may appeal the NJREC's final order to the New Jersey Appellate Division of the Superior Court.
B
Evelyn must file a new complaint with the NJREC requesting reconsideration by a different panel of commissioners.
C
Evelyn must file an appeal with the New Jersey Department of Banking and Insurance, which has authority to overturn NJREC decisions.
D
Evelyn may petition the New Jersey Supreme Court directly, as the Supreme Court has original jurisdiction over professional license revocations.

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Related Topics & Key Terms

Key Terms:

appellate_reviewdisciplinary_actionsfinal_ordersuperior_court

Related Concepts

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.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

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