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Practice Of Real EstateLicense LawMEDIUM

A West Virginia real estate salesperson wishes to appeal a Commission decision that suspended her license for 90 days. Under West Virginia law, what is the appropriate avenue for her to challenge this administrative decision?

Correct Answer

B) She may appeal the Commission's decision to the appropriate West Virginia circuit court under the Administrative Procedures Act

Under the West Virginia Administrative Procedures Act (W. Va. Code § 29A-5-4), a party aggrieved by a final order of an administrative agency such as the WVREC may seek judicial review by filing a petition in the appropriate circuit court. This is the standard appellate pathway for challenging WVREC disciplinary decisions.

Answer Options
A
She must file her appeal directly with the West Virginia Real Estate Commission for reconsideration only
B
She may appeal the Commission's decision to the appropriate West Virginia circuit court under the Administrative Procedures Act
C
She must appeal to the West Virginia Supreme Court of Appeals as the first level of review
D
She may appeal to the National Association of REALTORS® arbitration panel for binding review

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Related Topics & Key Terms

Key Terms:

wvrecappeal_processadministrative_procedureslicense_suspension

Related Concepts

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

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

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