AZ State Constitution correct answers-Highest legal authority; second
only to the federal version in authority. Gives certain powers to real
estate licensees.
-Article 26 empowers licensees to draft or fill out, without charge,
instruments related to real estate transactions, such as purchase
agreements and leases.
AZ Revised Statutes correct answers-AZ statues are LAWS enacted by
the state legislature. Statues inform regulations found in the AAC.
-In compliance with State Constitution. Governs real estate activities.
-Title 32 (Professions and Occupations), Chapter 20 (Real Estate) of the
Arizona Revised Statutes is dedicated to the statutes that govern real
estate activities.
AZ administrative Code (A.A.C.): correct answersthe official publication of
Arizona's codified rules
-The REGULATIONS or RULES that uphold the AZ revised statues. They
give the code
its authority and carry the force of the law without being the law
themselves.
-Enforced by the AZ Dept of Real Estate
(ADRE). Also known as the "commissioner's
rules."
-Title 4 is for Professions and Occupations, and Chapter 28 contains the
administrative code for the State Real Estate Department. These lay out the
rules for licensure process and real estate licensees' conduct requirements.
AZ Department of Real Estate (ADRE) primary purpose correct answersTo
regulate real estate brokers and salesperson.
Substantive policy statements are published by the ADRE to clarify its
current approach to a specific rule or regulation.
Commissioner's Rules correct answersenforced by the commissioner and
the A.A.C in order to uphold the law (AZ Revised Statues).
ADRE correct answersis an administrative government agency that
administers the state's real estate laws and regulations under the
commissioner's direction.
-The department regulates real estate brokers and salespersons by:
1) Overseeing licensee activities
2) Investigating complaints against licensees
3) Participating in administrative hearings pertaining to licensee conduct
4)Approving and monitoring pre-licensing and continuing education
courses and schools
, The real estate commissioner's job: correct answersto protect the public by
enforcing the state's real estate law. Oversees the ADRE and has the power
to offer final ruling on disciplinary matters, including rules violation-related
charges.
The commissioner's rules contain regulations pertaining to: correct
answers-General provisions (including definitions)
-Licensure requirements
-Education requirements
-Advertising rules
-Document-handling rules
-Compensation regulations
-Professional conduct expectations
-Administrative procedures
The AZ Real Estate Law Book is made up of excerpts from: correct
answers-The Arizona State Constitution
-Arizona Revised Statutes (Title 32, Chapter 20)
-The Arizona Administrative Code (Arizona Real Estate Rules, Title 4,
Chapter 28)
Legislatures (like the Arizona State Legislature): correct answersoften enact
statutes that create a broad framework for an area of law. Then they'll
create an agency (like the Arizona Department of Real Estate) with the power
to make regulations (like the Arizona Administrative Code) to fulfill the
purpose of the law and fill in the details, enforce the law and regulations,
and adjudicate disputes.
State statutes: correct answersapply to everyone within the state.
-Most states have some statute or other regulatory device that provides
any authority that real estate licensees have related to real estate
contracts and other forms
-State statutes may not violate the state constitution, the federal
constitution, or federal law.
Substantive Policy Statements (SPSs) correct answersThe ADRE may also
produce substantive policy statements (SPSs) to clarify its current approach
to a specific rule or regulation. These policy statements are meant to be
advisory only and are accessible to the public on the ADRE website. The
statements aim to help consumers, should the language or substance of a
statute or regulation be found consuming or unclear.
-A substantive policy statement does NOT:
Include documents that only affect the agency's internal
procedures Impose additional requirements or penalties on
regulated parties
Include confidential information or rules made in accordance with Arizona
Administrative Procedure Act
The Arizona Department of Real Estate will also publish substantive policy
statements when warranted. Which of the following statements best
describes a substantive policy