ALABAMA RECIPROCAL REVIEW TIPS QUESTIONS
AND ANSWERS SET A+
✔✔Grounds for rehearing - ✔✔-Violation of statutory provision( a law or regulation
created by the government that is binding on individuals and organizations)
-Excess of statutory authority of commission
-Violation of commission rule
-Unlawful procedure
-Error of law
-Erroneous in view of reliable a whole record
-Unreasonable arbitrary abuse of discrection
✔✔Within 30 days from filing of application for rehearing, commission shall: - ✔✔-Set
hearing date
-Enter an order without a hearing
-Grant or deny the application
-If granted a rehearing commission will schedule a rehearing as soon as practicable.-If
commission does not enter an order within 30 days from filing of application for
rehearing,application shall be deemed denied
✔✔Appealing (Make a serious urgent request) to circuit court - ✔✔Can file an appeal
-With the circuit court of Montgomery county
-In county of his residence
-in county of place of business
-Must post a $200 appeal bond with clerk of circuit court
✔✔Circuit clerk shall notify commission of appeal after clerk has approved appellants
bond - ✔✔Commission shall within 30 days of service of notice off appeal file the record
in the case
-Appeal shall be conducted in court without a jury
-Court shall affirm,reverse, or modify commission decision or remand the case back to
the commission
, ✔✔10-10-15-30-30 - ✔✔10-10-15-30-30
✔✔10-10-15-30-30 - ✔✔10-days to notify commission
10- day to notify commission once resoved
15- day AREC notify you of time date and location
30 days- AREC to render a decision
30 days - To file a rehearing
✔✔Commission must find probable cause - ✔✔before scheduling a hearing
-Probable cause is determined by either the alabama attorney general or by an
investigator working for the commission
-An Accused licensee in a disciplinary process shall have the opportunity to be heard in
person,be represented by counsel, offer testimony on his/her behalf, and examine
witnesses.
✔✔The commission determines where the - ✔✔hearing will be held
-The subpoena will be enforced by the circuit court by the state
Commission can
-issue a subpoenas,compel testimony of witnesses and compel the production of
records during the investigation
-The commission decides where a hearing can be held
ssion in their findings on any hearing (based on court opinion) if the commission decide
to pend and rendering case
When a complaint is appealed to the circuit court it will be heard by the judge
Even if a complaint is retracted and the commission feels there is cause to investigate
they can decide to go anyway.
✔✔The findings of the court are likely to guide the - ✔✔commission in their findings on
any hearing (based on court opinion) if the commission decide to pend and rendering
case
✔✔When a complaint is appealed to the circuit court - ✔✔it will be heard by the judge
Even if a complaint is retracted and the commission feels there is cause to investigate
they can decide to go anyway.
✔✔RECAD - ✔✔Real estate consumer agency disclosure act
✔✔4 agencies under RECAD - ✔✔Single agency-Represents one client only at a time
-Transaction broker-Deals with customers not clients
-Limited consensual dual agency
-Subagency-SUbagency has been replaced with transaction broker
✔✔Agency - ✔✔Relationship when a principal/client hires an agent agency relationship
is created
-Its established with a contract
AND ANSWERS SET A+
✔✔Grounds for rehearing - ✔✔-Violation of statutory provision( a law or regulation
created by the government that is binding on individuals and organizations)
-Excess of statutory authority of commission
-Violation of commission rule
-Unlawful procedure
-Error of law
-Erroneous in view of reliable a whole record
-Unreasonable arbitrary abuse of discrection
✔✔Within 30 days from filing of application for rehearing, commission shall: - ✔✔-Set
hearing date
-Enter an order without a hearing
-Grant or deny the application
-If granted a rehearing commission will schedule a rehearing as soon as practicable.-If
commission does not enter an order within 30 days from filing of application for
rehearing,application shall be deemed denied
✔✔Appealing (Make a serious urgent request) to circuit court - ✔✔Can file an appeal
-With the circuit court of Montgomery county
-In county of his residence
-in county of place of business
-Must post a $200 appeal bond with clerk of circuit court
✔✔Circuit clerk shall notify commission of appeal after clerk has approved appellants
bond - ✔✔Commission shall within 30 days of service of notice off appeal file the record
in the case
-Appeal shall be conducted in court without a jury
-Court shall affirm,reverse, or modify commission decision or remand the case back to
the commission
, ✔✔10-10-15-30-30 - ✔✔10-10-15-30-30
✔✔10-10-15-30-30 - ✔✔10-days to notify commission
10- day to notify commission once resoved
15- day AREC notify you of time date and location
30 days- AREC to render a decision
30 days - To file a rehearing
✔✔Commission must find probable cause - ✔✔before scheduling a hearing
-Probable cause is determined by either the alabama attorney general or by an
investigator working for the commission
-An Accused licensee in a disciplinary process shall have the opportunity to be heard in
person,be represented by counsel, offer testimony on his/her behalf, and examine
witnesses.
✔✔The commission determines where the - ✔✔hearing will be held
-The subpoena will be enforced by the circuit court by the state
Commission can
-issue a subpoenas,compel testimony of witnesses and compel the production of
records during the investigation
-The commission decides where a hearing can be held
ssion in their findings on any hearing (based on court opinion) if the commission decide
to pend and rendering case
When a complaint is appealed to the circuit court it will be heard by the judge
Even if a complaint is retracted and the commission feels there is cause to investigate
they can decide to go anyway.
✔✔The findings of the court are likely to guide the - ✔✔commission in their findings on
any hearing (based on court opinion) if the commission decide to pend and rendering
case
✔✔When a complaint is appealed to the circuit court - ✔✔it will be heard by the judge
Even if a complaint is retracted and the commission feels there is cause to investigate
they can decide to go anyway.
✔✔RECAD - ✔✔Real estate consumer agency disclosure act
✔✔4 agencies under RECAD - ✔✔Single agency-Represents one client only at a time
-Transaction broker-Deals with customers not clients
-Limited consensual dual agency
-Subagency-SUbagency has been replaced with transaction broker
✔✔Agency - ✔✔Relationship when a principal/client hires an agent agency relationship
is created
-Its established with a contract
