Which function can the Real Estate Commission NOT delegate to the DCCA?

Which function can the Real Estate Commission NOT delegate to the DCCA?

• A. Adopting or amending rules
• B. Receiving complaints
• C. Investigating license applications
• D. Arbitrating complaints

Answer: (A)

The Real Estate Commission holds the responsibility for adopting or amending rules that govern real estate practices in Hawaii. This function is vital because it involves creating and modifying regulations that ensure the industry operates fairly and ethically. Since rule-making is a fundamental authority of the commission, it is essential that this power remains under its control, ensuring accountability and adherence to the state's legal framework. Delegating such authority could lead to inconsistencies in the regulatory landscape and diminish the commission's oversight capabilities. Receiving complaints, investigating license applications, and arbitrating complaints are functions that can be managed by the Department of Commerce and Consumer Affairs (DCCA) under the supervision of the commission. These tasks typically involve operational aspects that do not require direct rule-making authority and can be effectively handled by the DCCA while still aligning with the commission's overall regulatory goals. Therefore, the ability to adopt or amend rules is a crucial function that the commission must retain, marking it as a non-delegable responsibility.

The Real Estate Commission holds the responsibility for adopting or amending rules that govern real estate practices in Hawaii. This function is vital because it involves creating and modifying regulations that ensure the industry operates fairly and ethically. Since rule-making is a fundamental authority of the commission, it is essential that this power remains under its control, ensuring accountability and adherence to the state's legal framework. Delegating such authority could lead to inconsistencies in the regulatory landscape and diminish the commission's oversight capabilities.

Receiving complaints, investigating license applications, and arbitrating complaints are functions that can be managed by the Department of Commerce and Consumer Affairs (DCCA) under the supervision of the commission. These tasks typically involve operational aspects that do not require direct rule-making authority and can be effectively handled by the DCCA while still aligning with the commission's overall regulatory goals. Therefore, the ability to adopt or amend rules is a crucial function that the commission must retain, marking it as a non-delegable responsibility.