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PA Bulletin, Doc. No. 98-1311

RULES AND REGULATIONS

Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS

STATE REAL ESTATE COMMISSION

[49 PA. CODE CH. 35]

Examination Fees

[28 Pa.B. 3938]

   The State Real Estate Commission (Commission) amends § 35.203 (relating to fees) to read as set forth in the following Annex A.

   Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 403 of the Real Estate Licensing and Registration Act (act) (63 P. S. § 455.403), examinations for licensure must be prepared and administered by a professional testing organization under contract to the Commission.

   Commencing July 1, 1998, the Commission will begin utilizing the professional testing services of National Assessment Institute Block (NAI Block) for the development, preparation, administration and grading of licensing examinations for brokers, cemetery brokers, salespersons, builder-owner salespersons and rental listing referral agents. NAI Block will offer computer-based examinations to eligible candidates, 5 to 6 days a week, at Sylvan Technology Centers located in Allentown, Clarks Summit, Erie, Harrisburg, Lancaster, York, Philadelphia, King of Prussia, Plymouth Meeting, North Wales, Pittsburgh, North Hills, Scranton and State College, Pennsylvania. Under the terms of the new contract with NAI Block, candidate costs for the examinations will decrease from $49.50 to $45 per candidate.

   The amendment to § 35.203 establishes reduced examination fees which represent the actual charges of NAI Block to schedule a candidate to take the examination. The new fees will apply to the term of the contract from July 1, 1998, to June 30, 2003.

   Public notice of intention to amend the regulation under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL) has been omitted as authorized under section 204(3) of the CDL (45 P. S. § 1204(3)), because the Commission finds that these procedures are, under the circumstances, unnecessary. Public comment is unnecessary because section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination. All persons affected by the amendment, however, have been given actual notice of the Commission's intention to amend the regulation in advance of final rulemaking under section 204(2) of the CDL.

Compliance with Executive Order 1996-1

   The Commission reviewed this rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final/proposed omitted regulation addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.

Statutory Authority

   This amendment is proposed under section 812.1 of The Administrative Code of 1929 and sections 403 and 407(a) of the act (63 P. S. §§ 455.403 and 455.407(a)).

Fiscal Impact and Paperwork Requirements

   The amendment will have no fiscal impact on the Commonwealth or its political subdivisions. Candidates for licensure by examination will be required to pay a reduced fee to cover contract costs for the required examinations. Examination application forms will require amendments to reflect new examination fees. This service is provided by NAI Block as part of its contractual obligation to the Commission.

Regulatory Review

   Under section 5(c) of the Regulatory Review Act (71 P. S. § 745.5(c)), on July 9, 1998, a copy of the amendment was submitted to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. In addition, at the same time, the amendment was submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).

   Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(c)), the amendment was deemed approved by the House and Senate Committees on July 29, 1998. IRRC met on July 30, 1998, and approved the amendment under section 5.1(e) of the Regulatory Review Act.

Additional Information

   Individuals who desire information are invited to submit inquiries to Jackie Wiest Lutz, Counsel, State Real Estate Commission, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7200.

Findings

   The State Real Estate Commission finds that:

   (1)  Public notice of intention to amend the regulation as adopted by this order under the procedures specified in sections 201 and 202 of the CDL has been omitted under the authority contained in section 204(3) of the CDL, because the Commission has, for good cause, found that the procedures specified in sections 201 and 202 of the CDL are in this circumstance, unnecessary, because section 812.1 of The Administrative Code requires that candidate fees cover the costs of examinations.

   (2)  All persons affected by the amendment adopted by this order have been given actual notice of the Commission's intention to amend the regulation in advance of final rulemaking under section 204(2) of the CDL.

   (3)  The amendment of the regulation of the Commission in the manner provided in this order is necessary and appropriate for the administration of the Commission's authorizing statute.

Order

   The Commission, acting under its authorizing statute, orders that:

   (a)  The regulations of the Commission, 49 Pa. Code Chapter 35, are amended by amending § 35.203 to read as set forth in Annex A, with ellipses referring to the existing text of the regulation.

   (b)  The Chairperson of the Commission shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.

   (c)  The Chairperson of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall be effective immediately and apply retroactively to July 1, 1998.

HARVEY M. LEVIN,   
Chairperson

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 4007 (August 15, 1998).)

   Fiscal Note: 16A-563. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 49.  PROFESSIONAL AND VOCATIONAL STANDARDS

PART I.  DEPARTMENT OF STATE

Subpart A.  PROFESSIONAL AND OCCUPATIONAL AFFAIRS

CHAPTER 35.  STATE REAL ESTATE COMMISSION

Subchapter B.  GENERAL PROVISIONS

§ 35.203.  Fees.

   The following fees are charged by the Commission:

   Licensing examination for broker, cemetery broker, salesperson, builder-owner salesperson or rental listing referral agent$45

*      *      *      *      *

[Pa.B. Doc. No. 98-1311. Filed for public inspection August 14, 1998, 9:00 a.m.]


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