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A Virginia real estate salesperson, Kevin, receives a written complaint filed against him with the VREB. He is informed that a formal hearing will be scheduled. Under Virginia's administrative process, what right does Kevin have before any disciplinary sanction is imposed?

Correct Answer

D) Kevin has the right to notice and an opportunity to be heard at a formal administrative hearing

Under the Virginia Administrative Process Act (Va. Code § 2.2-4000 et seq.) and VREB disciplinary procedures, a licensee facing disciplinary action has the right to receive proper notice of the charges and an opportunity to be heard at a formal administrative hearing before any sanction is imposed. This due process protection applies to all VREB disciplinary proceedings.

Answer Options
A
Kevin has the right to a jury trial before a Virginia circuit court prior to any VREB action
B
Kevin has the right to transfer his license to another state to avoid VREB jurisdiction
C
Kevin has the right to have the complaint dismissed if the complainant does not appear in person
D
Kevin has the right to notice and an opportunity to be heard at a formal administrative hearing

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Related Topics & Key Terms

Key Terms:

due_processadministrative_hearingdisciplinary_procedurelicensee_rights

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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