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Practice Of Real EstateLicense LawMEDIUM

A West Virginia real estate broker is charged with a violation of the License Act. The WVREC conducts a hearing and determines that the broker's license should be suspended for six months. The broker disagrees with the decision. Which of the following correctly describes the sequence of events that must occur before the broker can obtain judicial review?

Correct Answer

B) The broker must exhaust available administrative remedies and then may petition the circuit court for review

Under the West Virginia Administrative Procedures Act (W. Va. Code § 29A-5-4), a licensee must first exhaust available administrative remedies before seeking judicial review of a Commission order. After the Commission issues a final order, the licensee may petition the appropriate circuit court for judicial review of that administrative decision.

Answer Options
A
The broker must immediately file suit in federal district court before the suspension takes effect
B
The broker must exhaust available administrative remedies and then may petition the circuit court for review
C
The broker must obtain a stay from the West Virginia Supreme Court of Appeals before pursuing any review
D
The broker must first file a complaint with the West Virginia Legislature's oversight committee

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Related Topics & Key Terms

Key Terms:

wvrecexhaustion_of_remediesjudicial_reviewappeal_process

Related Concepts

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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.

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