PROPOSED RULEMAKING
STATE REAL ESTATE COMMISSION
[49 PA. CODE CH. 35]
Deletion of Examination Fees
[34 Pa.B. 61] The State Real Estate Commission (Commission) proposes to amend §§ 35.203 and 35.271--35.275 to read as set forth in Annex A. The proposed rulemaking deletes references to the examination fee determined by contract and charged by a professional testing organization from the schedule of fees in § 35.203 (relating to fees) and examination provisions in §§ 35.271--35.275.
Effective Date
The proposed rulemaking will be effective on final-form publication in the Pennsylvania Bulletin.
Statutory Authority
Section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) sets forth the powers and duties of the Commission with regard to the administration of examinations.
Background and Need for the Proposed Rulemaking
Two fees are related to examination for the broker and cemetery broker examinations: a fee for review of the candidate's qualifications (review fee) and a fee for administration of the examination (examination fee). The review fee is determined by the Bureau of Professional and Occupational Affairs based upon the aggregate amount of time spent by staff to review candidate qualifications. The examination fee is determined through a competitive bid and contract process with professional testing organizations. The salesperson, time-share salesperson and rental listing referral agent examinations only require the examination fee.
The Commission plays no role in setting the examination fee. To avoid the necessity of amending § 35.203 whenever the examination fee is changed, the Commission proposes to delete the examination fee from § 35.203 and specific references to the examination fee prescribed in § 35.203 from the examination provisions in §§ 35.271--35.275.
Description of Proposed Rulemaking
The proposed rulemaking eliminates the examination fee from § 35.203 and deletes the references ''prescribed in § 35.203 (relating to fees)'' from the examination provisions in §§ 35.271--35.275.
Fiscal Impact
The proposed rulemaking will have no fiscal impact on the Commission or its licensees. The proposed rulemaking should have no fiscal impact on the private sector, the general public or political subdivisions.
Paperwork Requirements
The proposed rulemaking will avoid preparation of new regulations each time the examination fee is changed. It will not create additional paperwork for the private sector.
Sunset Date
The Commission monitors its regulations on a continuing basis. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on December 16, 2003, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Judith Pachter Schulder, Counsel, State Real Estate Commission, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
HELEN BILLAK,
ChairpersonFiscal Note: 16A-569. 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]
* * * * *
Subchapter D. LICENSING EXAMINATIONS § 35.271. Examination for broker's license.
(a) An individual who wants to take the broker's examination for a Pennsylvania broker's license shall:
* * * * * (5) Submit a completed examination application to the Commission or its designee with:
* * * * * (v) The [fees] fee for review of the candidate's qualifications to take the examination prescribed in § 35.203 (relating to fees) and the fee for administration of the examination [prescribed in § 35.203 (relating to fees)].
* * * * * § 35.272. Examination for salesperson's license.
(a) An individual who wants to take the salesperson's examination for the purpose of obtaining a Pennsylvania salesperson's license shall:
* * * * * (3) Submit a completed examination application to the Commission or its designee with the examination fee [prescribed in § 35.203 (relating to fees)].
* * * * * § 35.273. Examination for cemetery broker's license.
(a) An individual who wants to take the salesperson's examination for the purpose of obtaining a Pennsylvania cemetery broker's license shall:
* * * * * (4) Submit a completed examination application to the Commission or its designee with:
* * * * * (iv) The [fees] fee for review of the candidate's qualifications to take the examination prescribed in § 35.203 (relating to fees) and the fee for administration of the examination [prescribed in § 35.203 (relating to fees)].
* * * * * § 35.274. Examination for builder-owner salesperson's license.
An individual who wants to take the salesperson's examination for the purpose of obtaining a Pennsylvania builder-owner salesperson's license shall:
* * * * * (3) Submit a completed examination application to the Commission or its designee with the examination fee [prescribed in § 35.203 (relating to fees)].
§ 35.275. Examination for rental listing referral agent's license.
(a) An individual who wants to take the salesperson's examination for the purpose of obtaining a Pennsylvania rental listing referral agent's license shall:
* * * * * (3) Submit a completed examination application to the Commission or its designee with the examination fee [prescribed in § 35.203 (relating to fees)].
* * * * *
[Pa.B. Doc. No. 04-19. Filed for public inspection January 2, 2004, 9:00 a.m.]
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