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Who may remove commissioners from the Delaware Real Estate Commission?

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Question & Answer

Review the question and all answer choices

A

Delaware Taxpayers

Delaware taxpayers have no direct legal mechanism to remove commissioners; while they elect the Governor who exercises this power, individual taxpayers or the public collectively cannot initiate removal proceedings against a commissioner.

B

Delaware Agents

Delaware real estate agents, even as the regulated population under the Commission's authority, have no statutory power to remove commissioners; their recourse for commissioner misconduct would be to petition the Governor or legislature, not to act directly.

C

The Governor

Correct Answer
D

The Legislature

While the Legislature confirms or creates the framework for the Commission, the act of removing individual commissioners for misconduct or incompetence is an executive function assigned to the Governor, not a legislative one, under Delaware's administrative structure.

Why is this correct?

Under Delaware law, the Governor holds the authority to remove commissioners from the Delaware Real Estate Commission for cause, specifically misconduct or incompetence. This executive power mirrors the Governor's role as the appointing authority, creating a logical symmetry: the same office that appoints commissioners also has the power to remove them when they fail to perform their duties appropriately.

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