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Practice Of Real EstateLicense LawMEDIUM

A consumer in Rapid City files a complaint with the SDREC alleging that salesperson Kyle engaged in fraudulent misrepresentation during a home sale. The SDREC conducts an investigation and finds probable cause. What is the correct sequence of events that follows under SDCL Chapter 36-21A?

Correct Answer

C) The SDREC issues a formal complaint, provides Kyle with notice and an opportunity for a hearing, and then renders a decision

Under SDCL 36-21A and South Dakota's Administrative Procedures Act (SDCL Chapter 1-26), due process requires that the SDREC issue a formal complaint, provide the licensee with adequate notice and an opportunity to be heard at a formal hearing, and then render a written decision. This sequence protects the licensee's constitutional due process rights.

Answer Options
A
The SDREC immediately revokes Kyle's license without a hearing, then notifies Kyle of the revocation by certified mail
B
The SDREC refers the matter to the state's attorney for criminal prosecution before taking any administrative action
C
The SDREC issues a formal complaint, provides Kyle with notice and an opportunity for a hearing, and then renders a decision
D
The SDREC suspends Kyle's license for 30 days automatically upon finding probable cause, pending a full hearing

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Related Topics & Key Terms

Key Terms:

sdrecdisciplinary_processdue_processformal_hearing

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

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