The Nevada Real Estate Commission issues a final order against broker Vivian, including a $10,000 civil penalty and a two-year license suspension. Vivian files a timely petition for judicial review in the district court. While the case is pending, Vivian continues to operate her brokerage. NRED seeks to enforce the suspension immediately. Under Nevada administrative law, what is the default effect of filing a petition for judicial review on the Commission's order?
Correct Answer
B) Filing a petition for judicial review does not automatically stay the Commission's order; Vivian must separately seek a stay from the district court, and operating without a valid license during this period would violate NRS Chapter 645
Under the Nevada Administrative Procedure Act (NRS 233B.140), filing a petition for judicial review does NOT automatically stay a final agency order. The petitioner must separately apply to the district court for a stay of the agency's order pending judicial review. If Vivian continues to operate her brokerage without a valid license (because her suspension is in effect), she would be engaging in unlicensed activity in violation of NRS Chapter 645, exposing her to additional penalties. She must obtain an affirmative court order staying the suspension to lawfully continue operating.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
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.
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