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The Vermont Real Estate Commission is considering adopting a new rule requiring all licensees to complete an additional two hours of annual continuing education on cybersecurity. Which of the following best describes the VREC's authority to adopt this rule?

Correct Answer

D) The VREC may adopt this rule under its delegated rulemaking authority granted by 26 V.S.A. Chapter 41, subject to the Vermont Administrative Procedure Act rulemaking process.

Under 26 V.S.A. Chapter 41, the VREC is granted delegated rulemaking authority to adopt rules necessary to carry out its statutory mandate, including continuing education requirements. However, any new rule must be adopted through the Vermont Administrative Procedure Act (3 V.S.A. Chapter 25) process, which requires public notice, an opportunity for public comment, and legislative committee review before the rule takes effect.

Answer Options
A
The VREC may adopt this rule immediately by a majority vote of its members, without any public notice or comment period.
B
The VREC may adopt this rule only if a majority of Vermont licensed brokers submit written approval to the Commission.
C
The VREC may adopt this rule only if the Vermont Legislature specifically authorizes it by passing new legislation first.
D
The VREC may adopt this rule under its delegated rulemaking authority granted by 26 V.S.A. Chapter 41, subject to the Vermont Administrative Procedure Act rulemaking process.

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Related Topics & Key Terms

Key Terms:

vrecrulemaking_authoritycommission_powersadministrative_procedure

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