question
What's the 3rd big thing the commission members gotta do?
answer
make sure the process of obtaining a real estate license is reasonably available to all who wish to get one, but at the same time they have to ensure it's rigorous enough. So they vet licensees, schools, instructors, etc.
question
4th big thing the commission has to do?
answer
make sure licensees and the public receive their due process rights
question
what does due process entail?
answer
ensuring staff adhere to specifically crafted guidelines to follow in the case of an investigation, but also ! to not overstep aka if something doesn't break the law but the commission feels a licensee has acted improperly, the commission can't do anything
question
what's another big aspect of due process?
answer
coming up with rules and regulations for new legislation
question
what are the two ! things the commission has to keep in mind when proposing a new rule?
answer
1. If the implementation of a new rule will result in higher costs of operating businesses (which licensees will in turn pass on to consumers), then the Commission does not seek to adopt such rules unless a compelling need for the rule exists.
2. If a need exists and a rule is economically feasible, then the Commission member must ask two further questions:Is the proposed rule reasonable?Is the rule within the limits of the legislative law?
-Note that ANY rule the Commission creates must meet both tests.
2. If a need exists and a rule is economically feasible, then the Commission member must ask two further questions:Is the proposed rule reasonable?Is the rule within the limits of the legislative law?
-Note that ANY rule the Commission creates must meet both tests.
question
what's the final requirement of the commission and what does it entail?
answer
Communication:
-Informing licensees and the public of Commission actions and changes in the law.
-Providing opportunities for licensees and the public to discuss matters of interest with a Commission member. Such opportunities exist when the Commission holds open forums to allow licensees and the public to ask questions and express opinions. Such meetings are held often in the interest of encouraging active communication. Also, the Commission encourages licensees and the public to see that the regulatory process works efficiently and fairly by communicating ideas and suggestions in writing to its offices. Both licensees and the general public are encouraged to put forth their ideas in this manner.
-Informing licensees and the public of Commission actions and changes in the law.
-Providing opportunities for licensees and the public to discuss matters of interest with a Commission member. Such opportunities exist when the Commission holds open forums to allow licensees and the public to ask questions and express opinions. Such meetings are held often in the interest of encouraging active communication. Also, the Commission encourages licensees and the public to see that the regulatory process works efficiently and fairly by communicating ideas and suggestions in writing to its offices. Both licensees and the general public are encouraged to put forth their ideas in this manner.
question
The authority of the GA Real Estate Commission is based on what?
answer
Statutory law. The license law gives the Real Estate Commission the authority to adopt rules and regulations, which have been designed to clarify sections of the law
question
if there is a matter brought to the Commission's attention and this matter is not in the public's best interests, then what happens?
answer
it is within the Commission's authority to pass a rule to remedy the situation. In this case, it is not necessary for the Commission to wait for the legislature to meet to pass said rule
question
The rule may not be passed if what?
answer
if it is not based on license law OR if it conflicts with license law
question
a violation of the rule is considered the same as what?
answer
violating the license law itself and is subject to the same disciplinary actions.
question
As a regulatory body, the role of the Commission is NOT to protect what or what?
answer
the industry or the profession that it regulates; NOR is its role to protect consumers.
question
Instead, the role of the commission is to protect what?
answer
the public interest