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The South Dakota Real Estate Commission is considering adopting a new administrative rule regarding electronic signatures on listing agreements. Under SDCL Chapter 36-21A, which statement accurately describes the Commission's rulemaking authority?

Correct Answer

A) The Commission may promulgate rules through the administrative rulemaking process to implement and enforce the license law

Under SDCL 36-21A-6, the South Dakota Real Estate Commission has authority to promulgate rules through the state's administrative rulemaking process (governed by SDCL Chapter 1-26) to implement and enforce the license law. This allows the Commission to address evolving practices such as electronic signatures without requiring legislative action for every detail.

Answer Options
A
The Commission may promulgate rules through the administrative rulemaking process to implement and enforce the license law
B
The Commission may adopt rules only if approved by a two-thirds vote of the South Dakota Legislature
C
The Commission may adopt rules only when specifically directed to do so by the Governor's office
D
The Commission may adopt rules only for matters not already addressed in SDCL Chapter 36-21A

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Related Topics & Key Terms

Key Terms:

sdrecrulemaking_authorityadministrative_rulescommission_powers

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