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Practice Of Real EstateLicense LawMEDIUM

Affiliate Broker James has his Tennessee real estate license suspended by TREC following a disciplinary hearing. James disagrees with TREC's decision and wants to challenge it. Under Tennessee law, what is the proper avenue for James to appeal TREC's disciplinary decision?

Correct Answer

C) James may seek judicial review of TREC's decision under the Tennessee Uniform Administrative Procedures Act.

Under Tennessee law, TREC is a state administrative agency, and its final disciplinary decisions are subject to judicial review under the Tennessee Uniform Administrative Procedures Act (UAPA), Tenn. Code Ann. § 4-5-101 et seq. James may appeal TREC's decision to the appropriate Tennessee court by filing a petition for judicial review. This is the standard mechanism for challenging final administrative agency decisions in Tennessee.

Answer Options
A
James must file a complaint with the Tennessee Association of Realtors Ethics Committee within 30 days.
B
James may appeal to the Tennessee Real Estate Commission for a second internal review before any court action.
C
James may seek judicial review of TREC's decision under the Tennessee Uniform Administrative Procedures Act.
D
James must submit a written petition to the Governor's office requesting reinstatement of his license.

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Related Topics & Key Terms

Key Terms:

TRECdisciplinary_appealjudicial_reviewUAPAadministrative_procedures

Related Concepts

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

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