EstatePass
Practice Of Real EstateLicense_lawMEDIUM

The Nevada Real Estate Commission is considering adopting a new regulation that would require all licensees to complete an additional three hours of ethics training annually. A group of brokers opposes the proposed regulation. Under Nevada's administrative process, what is the primary mechanism through which the Commission has the authority to adopt this type of binding regulation?

Correct Answer

D) The Commission derives its regulation-making authority from the Nevada Legislature through NRS Chapter 645 and must follow the Nevada Administrative Procedure Act rulemaking process

The Nevada Real Estate Commission's authority to adopt regulations is delegated by the Nevada Legislature through NRS Chapter 645. When adopting binding administrative regulations, the Commission must follow the Nevada Administrative Procedure Act (NRS Chapter 233B), which requires public notice, opportunity for comment, and proper filing with the Legislative Counsel Bureau. The Commission cannot act beyond its legislatively granted authority.

Answer Options
A
The Commission may adopt regulations only with the written approval of the Nevada Governor, as real estate regulations affect the state economy
B
The Commission may adopt regulations by majority vote of its members without any public notice requirement, as it has inherent authority under NRS Chapter 645
C
The Commission adopts regulations through the Nevada Legislature's Commerce Committee, which must pass a concurrent resolution approving each new rule
D
The Commission derives its regulation-making authority from the Nevada Legislature through NRS Chapter 645 and must follow the Nevada Administrative Procedure Act rulemaking process

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Practice Of Real Estate Question

Sign up free to unlock full analysis

Background Knowledge for Practice Of Real Estate

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Practice Of Real Estate

Sign up free to unlock full analysis

Common Mistakes to Avoid on Practice Of Real Estate Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

rulemaking_authoritynevada_real_estate_commissionadministrative_procedureregulatory_powers

Related Concepts

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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.

Was this explanation helpful?

More Practice Of Real Estate Questions

People Also Study

Related Articles

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing