The West Virginia Real Estate Commission has received a complaint that broker David improperly handled an earnest money deposit. Before the Commission may impose any disciplinary sanction against David, what procedural requirement must be satisfied under West Virginia law?
Correct Answer
C) The Commission must provide David with notice and an opportunity for a hearing
Under W. Va. Code § 30-40-18 and due process principles embodied in the West Virginia Administrative Procedures Act, the Commission must provide the licensee with proper notice of the charges and an opportunity to be heard before imposing any disciplinary sanction. This hearing requirement protects licensees' due process rights.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
More Practice Of Real Estate Questions
In Wyoming real estate practice, an associate broker or salesperson is not associated with a responsible broker at renewal. What should the licensee remember?
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In Wyoming real estate practice, a salesperson applicant age is reviewed. What should the licensee remember?
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