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A real estate agent in Ohio is disciplined by both the OCRC (for civil rights violations) and the Superintendent of Real Estate (for license law violations). The agent argues that being punished twice for the same conduct violates double jeopardy. Under Ohio law, this argument is:

Correct Answer

D) Invalid, because the double jeopardy clause applies only to criminal proceedings, not administrative actions by separate agencies with different jurisdictions

The double jeopardy clause of the Fifth Amendment applies only to criminal prosecutions, not to administrative proceedings. The OCRC and the Division of Real Estate are separate agencies with different jurisdictions (civil rights vs. licensing), and both can take independent action for the same underlying conduct.

Answer Options
A
Valid, and the agent can only be subject to one proceeding
B
Invalid, but only because the agent consented to dual jurisdiction when applying for a license
C
Valid, but only if the OCRC proceeding was completed before the Division of Real Estate proceeding
D
Invalid, because the double jeopardy clause applies only to criminal proceedings, not administrative actions by separate agencies with different jurisdictions

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Related Topics & Key Terms

Key Terms:

double_jeopardyadministrative_proceedingsdual_jurisdictionconstitutional_law

Related Concepts

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

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.

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