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A South Carolina real estate licensee is disciplined by the South Carolina Real Estate Commission for a fair housing violation. The complainant also filed a complaint with the South Carolina Human Affairs Commission. Which of the following statements best describes the relationship between these two proceedings?

Correct Answer

D) Both agencies can independently pursue their respective proceedings, as they have separate jurisdictions.

The South Carolina Real Estate Commission (SCREC) and the South Carolina Human Affairs Commission (SCHAC) have separate and independent jurisdictions. SCREC disciplines real estate licensees for violations of the license law and regulations, including fair housing violations by licensees. SCHAC enforces South Carolina's fair housing statute (S.C. Code Ann. §§ 31-21-10 et seq.) and can provide remedies to complainants regardless of whether the respondent holds a real estate license. Both proceedings can proceed simultaneously and independently.

Answer Options
A
The SCHAC complaint must be resolved before SCREC can take any disciplinary action against the licensee.
B
The SCREC proceeding automatically resolves the SCHAC complaint once a disciplinary decision is made.
C
Only one agency can pursue a fair housing complaint; the complainant must choose between SCREC and SCHAC.
D
Both agencies can independently pursue their respective proceedings, as they have separate jurisdictions.

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Related Topics & Key Terms

Key Terms:

fair_housingschacscrecenforcementdual_jurisdiction

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