Question 3

The Missouri Real Estate Commission may subpoena the licensee's records and papers that have bearing on the complaint.

This action is within the authority of the Missouri Real Estate Commission as part of their investigative powers to ensure compliance with regulations and address any complaints against licensees.

A) Subpoena the licensee's records and papers that have bearing on the complaint.

This option is correct because the Missouri Real Estate Commission is empowered to issue subpoenas to obtain relevant documentation from licensees. This authority is crucial in conducting thorough investigations into business practices that may be in violation of established laws or regulations.

B) Get an injunction through the attorney general's office prohibiting the licensee from leaving the state.

This option is incorrect because while the Commission can take various actions, obtaining an injunction to restrict a licensee's movement is not typically within its purview. Such actions would require involvement from the attorney general and are not standard procedures for regulatory investigations.

C) Require the licensee to submit to a polygraph test.

This option is incorrect as the Missouri Real Estate Commission does not have the authority to mandate a polygraph test for licensees. Such requirements are not part of the standard investigative procedures and may raise legal and ethical concerns.

D) Compel any person from out of state to come before the Commission to offer testimony or any material specified in the subpoena.

This option is partially correct; however, the Commission's ability to compel testimony from out-of-state individuals is limited and typically requires additional legal processes. The primary focus during investigations is on the licensee and their records.

Conclusion

The Missouri Real Estate Commission's ability to subpoena records is a fundamental aspect of their investigative authority, ensuring they can effectively address complaints and enforce regulations. Other options either fall outside their jurisdiction or involve processes that are not standard for regulatory investigations, reinforcing that Option A is the definitive answer.