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Practice Of Real EstateLicense LawHARD

A consumer in West Virginia files a complaint with the WVREC alleging that a licensed salesperson misrepresented the condition of a property. After investigation, the Commission finds sufficient evidence and schedules a formal hearing. At the hearing, the salesperson argues that the Commission's investigator improperly obtained documents without a subpoena. Under West Virginia law, which of the following best describes the Commission's investigatory powers?

Correct Answer

D) The Commission has the authority to issue subpoenas and compel the production of documents and testimony relevant to its investigations

Under W. Va. Code § 30-40-18 and the West Virginia Administrative Procedures Act, the WVREC has the authority to issue subpoenas to compel the attendance of witnesses and the production of documents in connection with its disciplinary investigations and hearings. This subpoena power is essential to the Commission's ability to effectively investigate complaints and enforce the License Act.

Answer Options
A
The Commission has no subpoena power and may only gather evidence voluntarily submitted by the parties
B
The Commission's investigatory powers are limited to reviewing documents already filed with the Commission's own office
C
The Commission must obtain a court order before it can compel any document production in a disciplinary investigation
D
The Commission has the authority to issue subpoenas and compel the production of documents and testimony relevant to its investigations

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Related Topics & Key Terms

Key Terms:

wvrecsubpoena_powerinvestigatory_authoritydisciplinary_investigation

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