What is the legal standing of the rules of the Real Estate Commissioner?

What is the legal standing of the rules of the Real Estate Commissioner?

• A. Have the force and effect of the law
• B. Are enacted by legislation
• C. Are part of the Arizona Revised Statutes
• D. Are part of statutory real estate law

Answer: (A)

The rules of the Real Estate Commissioner have the force and effect of the law because they are created under the authority granted by legislation. This means that the rules are legally binding and must be followed by licensees and other parties involved in real estate transactions. The Real Estate Commissioner has the regulatory power to enforce these rules, which allows for the establishment of standards and procedures necessary for maintaining professionalism and ensuring consumer protection in the real estate industry. In the context of the other options, while the rules are indeed related to statutory law and the Arizona Revised Statutes, they are not enacted by legislation in the same manner that laws are passed by the legislature. Instead, they are developed within the framework established by legislative acts, specifically the Arizona Revised Statutes. Therefore, while they may be associated with statutory law, they are not directly 'part' of Arizona Revised Statutes or statutory law; rather, they operate within the regulatory structure created by that legislation.

The rules of the Real Estate Commissioner have the force and effect of the law because they are created under the authority granted by legislation. This means that the rules are legally binding and must be followed by licensees and other parties involved in real estate transactions. The Real Estate Commissioner has the regulatory power to enforce these rules, which allows for the establishment of standards and procedures necessary for maintaining professionalism and ensuring consumer protection in the real estate industry.

In the context of the other options, while the rules are indeed related to statutory law and the Arizona Revised Statutes, they are not enacted by legislation in the same manner that laws are passed by the legislature. Instead, they are developed within the framework established by legislative acts, specifically the Arizona Revised Statutes. Therefore, while they may be associated with statutory law, they are not directly 'part' of Arizona Revised Statutes or statutory law; rather, they operate within the regulatory structure created by that legislation.