During a WVREC disciplinary hearing, licensee Robert argues that the Commission's rule requiring written agency disclosure at first substantive contact is invalid because it was not specifically authorized by the text of the West Virginia Real Estate License Act. The Commission responds that the rule is a valid exercise of its delegated rulemaking authority. Which party's position is most legally sound under West Virginia law?
Correct Answer
D) The Commission's position, because it may adopt rules reasonably necessary to implement the purposes of the License Act within its delegated authority
Under West Virginia administrative law and the general principle of delegated rulemaking authority, an administrative agency need not find word-for-word authorization in the enabling statute for each rule it adopts. The Commission may promulgate rules that are reasonably necessary to implement the purposes and provisions of the License Act, provided the rules do not contradict the statute or exceed the scope of the delegated authority. The agency disclosure rule is a reasonable implementation of the License Act's consumer protection purposes.
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Related Topics & Key Terms
Key Terms:
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.
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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A Wyoming licensee is reviewing an out-of-state salesperson applicant prepares for testing. What is the best answer?
In Wyoming real estate practice, a salesperson applicant age is reviewed. What should the licensee remember?
A responsible broker in Wyoming asks about a nonresident applicant provides home-state evidence. Which answer follows Wyoming law?
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