PROPOSED RULEMAKING (1) Have scored a passing grade on each part of the salesperson's licensing examination within 3 years prior to the submission of a properly completed license application except that an applicant who has been actively licensed as a broker, salesperson or builder-owner salesperson by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See § 35.274 (relating to examination for builder-owner salesperson's license).
* * * * * (b) An individual who wants to obtain a reciprocal license as a builder-owner salesperson shall comply with § 35.221 and:
(1) Possess a current builder-owner salesperson license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement. When an applicant applies from a state that would require a standard Pennsylvania licensee to complete additional education, experience or examination requirements, the applicant shall complete equivalent requirements.
(2) Submit a certification from the real estate licensing authority of the other state:
(i) Confirming that the applicant's license is active and in good standing.
(ii) Describing any past disciplinary action taken by the licensing authority against the applicant.
(iii) Listing the applicant's office address and the name of the applicant's employing broker.
(3) Submit a completed license application to the Commission with a verified statement that:
(i) To the applicant's knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either the Commonwealth or another state.
(ii) The applicant has reviewed, is familiar with and agrees to be bound by the act and this chapter.
(iii) The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.
(iv) The applicant consents to service of process as described in § 35.221(3).
(4) Submit a sworn statement from the builder-owner with whom the applicant will be affiliated:
(i) Attesting to the applicant's good reputation for honesty, trustworthiness, integrity and competence.
(ii) Certifying that the applicant is a builder-owner of single or multifamily dwellings and employs the applicant.
§ 35.227. Licensure as rental listing referral agent.
(a) An individual who wants to obtain a [Pennsylvania] standard rental listing referral agent's license shall comply with § 35.221 (relating to general requirements) and:
(1) Have scored a passing grade on each part of the salesperson's examination within 3 years prior to the submission of a properly completed license application except that an applicant who has been actively licensed as a broker, salesperson or rental listing referral agent by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See § 35.275 (relating to examination for rental listing referral agent's license).
* * * * * (b) An individual who wants to obtain a reciprocal rental listing referral agent's license shall comply with § 35.221 and:
(1) Possess a current rental listing referral agent's license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement. When an applicant applies from a state that would require a standard Pennsylvania licensee to complete additional education, experience or examination requirements, the applicant shall complete equivalent requirements.
(2) Submit a certification from the real estate licensing authority of the other state:
(i) Confirming that the license is active and in good standing.
(ii) Describing any past disciplinary action taken by the licensing authority against the applicant.
(iii) Listing the applicant's office address and the name of the applicant's employing broker.
(3) Submit a completed license application to the Commission with a verified statement that:
(i) To the applicant's knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either the Commonwealth or another state.
(ii) The applicant has reviewed, is familiar with and agrees to be bound by the act and this chapter.
(iii) The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.
(iv) The applicant consents to service of process as described in § 35.221(3).
(4) Comply with § 35.241 (relating to general office requirement).
(c) A partnership, association or corporation that wants to obtain a [Pennsylvania] standard or reciprocal rental listing referral agent's license shall:
(1) Designate an individual who is licensed by the Commission as either a current standard or reciprocal as a rental listing referral agent issued by the Commission to serve as manager of record.
* * * * * § 35.228. Licensure as campground membership salesperson.
(a) An individual who wants to obtain a [Pennsylvania] standard campground membership salesperson's license shall comply with § 35.221 (relating to general requirements) and:
* * * * * (b) An individual who [sells campground memberships without a license may be subject to disciplinary action by the Commission for unlicensed practice as a campground membership salesperson under section 301 of the act (63 P. S. § 455.301).] wants to obtain a reciprocal campground membership salesperson's license shall comply with § 35.221 and:
(1) Possess a current campground membership salesperson's license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement. When an applicant applies from a state that would require a standard Pennsylvania licensee to complete additional education, experience or examination requirements, the applicant shall complete equivalent requirements.
(2) Submit a certification from the real estate licensing authority of the other state:
(i) Confirming that the applicant's license is active and in good standing.
(ii) Describing any past disciplinary action taken by the licensing authority against the applicant.
(iii) Listing the applicant's office address and the name of the applicant's employing broker.
(3) Submit a completed license application to the Commission with a verified statement that:
(i) To the applicant's knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either the Commonwealth or another state.
(ii) The applicant has reviewed, is familiar with and agrees to be bound by the act and this chapter.
(iii) The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.
(iv) The applicant consents to service of process as described in § 35.221(3).
(4) Submit a sworn statement from the broker from whom the applicant received his onsite training certifying that the broker actively trained and supervised the applicant and providing other information regarding the onsite training the Commission may require.
§ 35.229. Licensure as time-share salesperson.
(a) An individual who wants to obtain a [Pennsylvania] standard time-share salesperson's license shall comply with § 35.221 (relating to general requirements) and:
* * * * * (b) An individual who [sells time shares without a license may be subject to disciplinary action by the Commission for unlicensed practice as a time-share salesperson under section 301 of the act (63 P. S. § 455.301).] wants to obtain a reciprocal time-share salesperson's license shall comply with § 35.221 and:
(1) Possess a current time-share salesperson's license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement. When an applicant applies from a state that would require a standard Pennsylvania licensee to complete additional education, experience or examination requirements, the applicant shall complete equivalent requirements.
(2) Submit a certification from the real estate licensing authority of the other state:
(i) Confirming that the applicant's license is active and in good standing.
(ii) Describing any past disciplinary action taken by the licensing authority against the applicant.
(iii) Listing the applicant's office address and the name of the applicant's employing broker.
(3) Submit a completed license application to the Commission with a verified statement that:
(i) To the applicant's knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either this Commonwealth or another state.
(ii) The applicant has reviewed and is familiar with the act and the regulations and agrees to be bound by the act and regulations.
(iii) The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.
(iv) The applicant consents to service of process as described in § 35.221(3).
(4) Submit a sworn statement from the broker from whom the applicant received his onsite training certifying that he actively trained and supervised the applicant and providing other information regarding the onsite training the Commission may require.
OFFICES § 35.241. General office requirement.
(a) A broker, cemetery broker, or rental listing referral agent shall maintain a [fixed] main office in this Commonwealth unless he maintains a [fixed] main office in another [jurisdiction] state where he [is licensed] holds the equivalent of a standard license.
* * * * * § 35.242. Office of broker or cemetery broker.
(a) The office of a broker or cemetery broker in this Commonwealth shall be devoted to the transaction of real estate business and be arranged to permit business to be conducted in privacy.
(b) If the office of a broker or cemetery broker in this Commonwealth is located in a private residence, the entrance to the office shall be separate from the entrance to the residence.
(c) The business name of the broker or cemetery broker, as designated on the license, shall be displayed prominently and in permanent fashion outside the office in this Commonwealth.
(d) A branch office operated by a broker or cemetery broker in this Commonwealth shall be in compliance with this section.
§ 35.244. Supervision and operation of office.
(a) The main or branch office in this Commonwealth of a broker shall be under the direction and supervision of a broker or associate broker holding either a standard or reciprocal license.
(b) The main or branch office in this Commonwealth of a cemetery broker shall be under the direction and supervision of a broker, cemetery broker, associate broker or associate cemetery broker holding either a standard or reciprocal license.
(c) An associate broker, salesperson, cemetery salesperson, campground membership salesperson or time-share salesperson shall practice in affiliation with a broker holding either a reciprocal or standard license issued by the Commission.
(d) A branch office in this Commonwealth may not be operated in a manner that permits, or is intended to permit, an [employe] employee to carry on the business of the office for the [employe's] employee's sole benefit.
[(d)] (e) The office in this Commonwealth of a rental listing referral agent shall be under the direction and supervision of a rental listing referral agent holding either a standard or reciprocal license issued by the Commission. A rental listing referral agent may not supervise more than one office.
§ 35.245. Display of licenses in office.
(a) The current license of a broker, cemetery broker or rental listing referral agent holding a standard license and those licensees employed by that broker, cemetery broker or rental listing referral agent shall be displayed in a conspicuous place at the main office.
(b) The current license of [an associate broker, salesperson, associate cemetery broker or cemetery salesperson] a broker, cemetery broker or rental listing referral agent holding a reciprocal license and those licensees employed by that broker, cemetery broker or rental listing referral agent shall be displayed in a conspicuous place at the branch office out of which the [licensee] broker, cemetery broker or rental listing referral agent works.
* * * * * (d) A broker or cemetery broker holding a standard license shall maintain at the main office a list of licensed [employes] employees and the branch office out of which each licensed [employe] employee works.
(e) A broker or cemetery holding a reciprocal license shall maintain at the branch office a list of employees licensed in this Commonwealth and the branch office out of which each licensed employee works.
§ 35.246. Inspection of office.
(a) Routine inspections. No more than four times a year during regular business hours, the Commission or its authorized representatives may conduct a routine inspection of the main office of a broker, cemetery broker or rental listing referral agent holding a standard license or a branch office of a broker, cemetery broker or rental listing referral agent holding either a standard or reciprocal license for the purpose of determining whether the office is being operated in compliance with the act and this chapter.
(b) Special inspections. In addition to the routine inspections authorized by subsection (a), the Commission or its authorized representatives may conduct a special inspection of a main office of a standard license holder or a branch office of a standard or reciprocal license holder:
* * * * *
STATUS OF LICENSURE § 35.255. Reciprocal licenses.
(a) Renewal. In addition to completing the application and paying the fee, the licensee shall provide the Commission with a certification that the license is current and in good standing from the state where the licensee has his principal place of business.
(b) Reactivation. A licensee who fails to renew a reciprocal license may reactivate the license without being reexamined provided that he holds the equivalent of a current standard license in the state where the licensee has his principal place of business.
(c) Conversion to standard license. A reciprocal licensee who designates his principal place of business as in this Commonwealth or who fails to maintain a current standard license in the state of his principal place of business shall notify the Commission within 90 days of the change. To continue to practice in this Commonwealth at the end of the renewal period, the reciprocal licensee shall obtain a standard license in accordance with the applicable requirements of this chapter. Thereafter, the standard licensee shall comply with the requirements for a standard license, including completion of the continuing education requirement.
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] standard broker's license shall:
* * * * * (b) The Commission will apply the following standards in determining whether an examination candidate has met the education requirement of subsection (a)(4):
* * * * * (2) [Except as provided in paragraph (6), 2] Two of the required 16 credits shall be in a Commission-developed or approved real estate office management course and 2 of the required 16 credits shall be in a Commission-developed or approved law course. At least 6 of the remaining 12 credits shall be in 3 or more of the Commission-developed courses listed in this paragraph. The remaining 6 credits shall be in real estate courses but not necessarily those listed in this paragraph. A candidate may not apply credits used to qualify for the salesperson's examination toward fulfillment of the broker education requirement.
* * * * * [(6) Two credits will be allowed for each year of active practice the candidate has had a licensed broker in another jurisdiction during the 10-year period immediately preceding the submission of the examination application.]
(c) A reciprocal licensee who is converting that license to a standard broker's license is exempt from subsection (a) and is only required to pass the state portion of the examination.
§ 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] standard salesperson's license shall:
* * * * * (c) A licensee who is converting that license to a standard salesperson's license is exempt from the requirements in subsections (a) and (b) and is only required to pass the state portion of the examination.
§ 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] standard cemetery broker's license shall:
(b) The Commission will apply the following standards in determining whether an examination candidate has met the education requirements of subsection (a)(3):
* * * * * (5) Courses shall have been completed within 10 years prior to the date of successful completion of the licensing examination except for applicants who are converting a reciprocal license to a standard license or hold a current license in another state.
(c) A reciprocal licensee who is converting that license to a standard cemetery broker's license is exempt from subsection (a) and is only required to pass the State portion of the examination.
§ 35.274. Examination for builder-owner sales- person's license.
(a) An individual who wants to take the salesperson's examination for the purpose of obtaining a [Pennsylvania] standard builder-owner salesperson's license shall:
* * * * * (b) A reciprocal licensee who is converting that license to a standard builder-owner salesperson's license is only required to pass the State portion of the examination.
§ 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] standard rental listing referral agent's license shall:
* * * * * (b) The Commission will apply the following standards in determining whether an examination candidate has met the requirements of subsection (a)(2):
* * * * * (4) Courses shall have been completed within 10 years prior to the date of successful completion of the licensing examination except for applicants who are converting a reciprocal license to a standard license or hold a current license in another state.
(c) A reciprocal licensee who is converting that license to a standard rental listing referral agent's license is exempt from the requirements in subsections (a) and (b) and is only required to pass the state portion of the examination.
Subchapter E. STANDARDS OF
CONDUCT AND PRACTICE
ADVERTISING AND SOLICITATION § 35.305. Business name on advertisements.
* * * * * (b) [Individual brokers of record, associate brokers, salespersons, cemetery associate brokers, cemetery salespersons and rental listing referral agents] Licensees who wish to use and advertise [nicknames (for example, Jack v. John or Margaret v. Peggy)] a nickname for their first names shall include the [names] nickname on their licensure applications or biennial renewal applications.
* * * * *
ESCROW REQUIREMENTS § 35.325. Escrow account.
* * * * * (b) [The employing] A broker who is a sole proprietor or broker of record [of a partnership, association or corporation] may give an [employe] employee written authority to deposit money into an escrow account and may give a licensed [employe] employee written authority to withdraw funds from the escrow account for payments that are properly chargeable to the account.
* * * * *
Subchapter H. CONTINUING EDUCATION § 35.382. Requirement.
(a) Condition precedent to renewal of current standard license. [Beginning with the 1994-1996 biennial license period and continuing with each biennial license period thereafter, a] A broker or salesperson holding a standard license who desires to renew a current license shall, as a condition precedent to renewal, complete 14 hours of Commission-approved continuing education during the preceding license period.
(b) Condition precedent to reactivation and renewal of noncurrent standard license. [Effective March 1, 1994, a] A broker or salesperson holding a standard license who desires to reactivate and renew a noncurrent license shall, as a condition precedent to reactivation and renewal, complete 14 hours of Commission-approved continuing education during the 2-year period preceding the date of submission of the reactivation application. A broker or salesperson holding a standard license may not use the same continuing education coursework to satisfy the requirements of this subsection and subsection (a).
(c) Exception. The continuing education requirement does not apply to reciprocal license holders or cemetery brokers, cemetery salespersons, builder-owner salespersons, timeshare salespersons, campground membership salespersons and rental listing referral agents who hold standard licenses.
§ 35.383. Waiver of continuing education requirement.
(a) The Commission may waive all or part of the continuing education requirement of § 35.382 (relating to requirement) upon proof that the [licensee] standard license holder seeking the waiver is unable to fulfill the requirement because of illness, emergency or hardship. Subsections (b)--(d) are examples of situations in which hardship waivers will be granted. Hardship waivers will be granted in other situations for good cause shown.
(b) A [licensee] standard license holder who seeks to renew a current license that was initially issued within 6 months of the biennial license period for which renewal is sought will be deemed eligible, on the basis of hardship, for a full waiver of the continuing education requirement.
(c) A [licensee] standard license holder who seeks to renew a current license that was reactivated from noncurrent status within 6 months of the biennial license period for which renewal is sought will be deemed eligible, on the basis of hardship, for a full waiver of the continuing education requirement.
(d) A [licensee] standard license holder who is a qualified continuing education instructor will be deemed eligible, on the basis of hardship, for the waiver of 1 hour of continuing education for each hour of actual classroom instruction in an approved continuing education topic that the instructor is qualified to teach. Duplicate hours of instruction in the same topic during the same biennial license period will not be considered for waiver purposes.
§ 35.384. Qualifying courses[; required and elective topics].
(a) [Qualifying courses.] A [licensee may] standard license holder shall satisfy the continuing education requirement by doing one of the following:
* * * * * (b) [Required topics. A minimum of 5 and a maximum of 8 hours shall be in required topics. A minimum of 2 hours shall be in the act and this chapter and a minimum of 3 hours shall be in fair housing laws and practices.] The Commission may, for a given biennial license period and with adequate notice to [licensees] standard license holders, require up to 3 hours in a topic that addresses a critical issue of current relevance to licensees.
(c) [Elective topics.] * * *
* * * * *
[Pa.B. Doc. No. 04-1641. Filed for public inspection September 3, 2004, 9:00 a.m.]
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