[35 Pa.B. 4711]
[Continued from previous Web Page] § 35.223. Licensure as salesperson.
(a) An individual who wants to obtain a standard salesperson'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 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 or a salesperson by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See § 35.272 (relating to examination for salesperson's license).
(2) Submit a completed license application to the Commission with:
(i) A sworn statement from the broker with whom the applicant desires to be affiliated:
(A) Attesting to the applicant's good reputation for honesty, trustworthiness, integrity and competence.
(B) Certifying that he will actively supervise and train the applicant.
(ii) Official transcripts evidencing the acquisition of degrees or course credits required by § 35.272(a)(2).
(b) An individual who wants to obtain a reciprocal salesperson's license shall comply with § 35.221 and:
(1) Possess a current broker's or salesperson's license issued by another state that agrees to issue a license to a standard Pennsylvania licensee without further requirement or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state which would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.
(2) 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.
(3) 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.
(4) Submit a sworn statement from a standard or reciprocal broker 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 will be actively supervised and trained by the broker.
§ 35.224. Licensure as cemetery broker.
(a) An individual who wants to obtain a standard cemetery broker'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 licensing examination within 3 years prior to submission of a properly completed license application except that an applicant who has been actively licensed as a cemetery broker by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See § 35.273 (relating to examination for cemetery broker's license).
(2) Comply with §§ 35.241 and 35.242 (relating to general office requirement; and office of broker or cemetery broker).
(3) Submit a completed application to the Commission with recommendations attesting to the applicant's good reputation for honesty, trustworthiness, integrity and competence from:
(i) One real estate broker holding either a current standard or reciprocal license issued by the Commission.
(ii) Two persons unrelated to the applicant who own property in the county where the applicant resides or has a place of business.
(iii) Two persons unrelated to the applicant who own property in the county where the applicant previously resided, if the applicant changed his county of residence within 1 year prior to the submission of the application.
(b) An individual who wants to obtain a reciprocal cemetery broker's license shall comply with § 35.221 and:
(1) Possess a current cemetery broker's license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.
(2) Comply with § 35.241 and § 35.242.
(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, 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.
(4) If the applicant will be acting as an associate cemetery broker, submit a sworn statement from the broker 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 will be actively supervised and trained by the broker.
(5) 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.
(c) A partnership, association or corporation that wants to obtain a standard cemetery broker's license shall:
(1) Ensure that each member of the partnership, association or each officer of the corporation, who intends to engage in the real estate business possesses a standard license as a broker or cemetery broker issued by the Commission.
(2) Designate an individual who is licensed by the Commission as a broker or cemetery broker to serve as broker of record.
(3) Comply with §§ 35.241 and 35.242.
(4) Submit a complete license application to the Commission.
(d) A partnership, association or corporation that wants to obtain a reciprocal cemetery broker's license shall:
(1) Ensure that each member of the partnership, association or each officer of the corporation, who intends to engage in the real estate business possesses a standard or reciprocal license as a broker or cemetery broker issued by the Commission.
(2) Designate a broker or cemetery broker holding a standard or reciprocal license to serve as broker of record.
(3) Comply with §§ 35.241 and 35.242.
(4) Submit a complete license application to the Commission.
§ 35.225. Licensure as cemetery salesperson.
(a) An individual who wants to obtain a standard cemetery salespersons license shall comply with § 35.221 (relating to general requirements) and:
(1) Be 18 years of age or older.
(2) Submit a completed license application to the Commission with a sworn affidavit from the broker or cemetery broker with whom the applicant will be affiliated:
(i) Attesting to the applicant's good reputation for honesty, integrity, trustworthiness and competence.
(ii) Certifying that he will actively supervise and train the applicant.
(b) An individual who wants to obtain a reciprocal cemetery salesperson's license shall comply with § 35.221 and:
(1) Possess a current cemetery salesperson's license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.
(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, 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.
(4) Submit a sworn statement from the broker 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 will be actively supervised and trained by the broker.
§ 35.226. Licensure as builder-owner salesperson.
(a) An individual who wants to obtain a standard builder-owner salesperson'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 licensing examination within 3 years prior to 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).
(2) Submit a completed license application to the Commission with a sworn statement from a builder-owner:
(i) Attesting to the applicant's good reputation for honesty, trustworthiness, integrity and competence.
(ii) Certifying that he:
(A) Is a builder-owner of single or multifamily dwellings.
(B) Employs the applicant.
(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 or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.
(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, 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.
(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 builder-owner 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 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 submis-sion 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).
(2) Comply with § 35.241 (relating to general office requirement).
(3) Submit a completed license application to the Commission.
(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 or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.
(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 this 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.
(4) Comply with § 35.241 (relating to general office requirement).
(c) A partnership, association or corporation that wants to obtain a standard or reciprocal rental listing referral agent's license shall:
(1) Designate an individual who holds either a current standard or reciprocal license as a rental listing referral agent issued by the Commission to serve as manager of record.
(2) Comply with § 35.241.
(3) Submit a completed license application to the Commission.
§ 35.228. Licensure as campground membership salesperson.
(a) An individual who wants to obtain a standard campground membership salesperson's license shall comply with § 35.221 (relating to general requirements) and:
(1) Be 18 years of age or older.
(2) Have successfully completed the one-credit (15 hours), Commission-developed course titled Campground Membership Sales, provided the following conditions are met:
(i) The course was taken prior to onsite training.
(ii) The course was taught at an accredited college, university or institute of higher learning in this Commonwealth or a real estate education provider in this Commonwealth approved by the Commission.
(3) Have successfully completed 30 days of onsite training at a campground membership facility subject to the following conditions:
(i) The 30 days of onsite training shall be completed during a 90-day period within 3 years prior to the submission of a license application.
(ii) The trainee shall be actively supervised and trained by a broker.
(4) Submit a completed license application to the Commission with:
(i) An official transcript evidencing acquisition of the qualifying coursework or degree.
(ii) A sworn statement from the broker under whom the applicant received his onsite training certifying that he actively trained and supervised the applicant and providing other information regarding the onsite training as the Commission may require.
(b) An individual who 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 or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.
(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.
(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 standard time-share salesperson's license shall comply with § 35.221 (relating to general requirements) and:
(1) Be at least 18 years of age.
(2) Have successfully completed the two-credit (30 hours), Commission-developed course titled Time Share Sales, provided the following conditions are met:
(i) The course was taken prior to onsite training.
(ii) The course was taught at an accredited college, university or institute of higher learning in this Commonwealth or a real estate education provider in this Commonwealth approved by the Commission.
(3) Have successfully completed 30 days of onsite training at a time share facility subject to the following conditions:
(i) The 30 days of onsite training shall be completed during a 90-day period within 3 years prior to the submission of a license application.
(ii) The trainee shall be actively supervised and trained by a broker.
(4) Submit a completed license application to the Commission with:
(i) An official transcript evidencing acquisition of the qualifying coursework or degree.
(ii) A sworn statement from the broker under 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.
(b) An individual who 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 or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.
(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.
(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 § 35.245. Display of licenses in office.
(a) Commencing with the 2006-2008 renewal period the current license of a broker, cemetery broker or rental listing referral agent and those licensees employed by or affiliated with that broker, cemetery broker or rental listing referral agent shall be maintained at the main office.
(b) A broker or cemetery broker shall maintain a list of licensees employed or affiliated with the broker or cemetery broker at the branch office out of which each licensee works.
STATUS OF LICENSURE § 35.255. Reciprocal licenses.
(a) Renewal. In addition to completing the application and paying the fee, a licensee applying for renewal of a reciprocal license 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 30 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 § 35.272. Examination for salesperson's license.
(a) An individual who wants to take the salesperson's examination for the purpose of obtaining a standard salesperson's license shall:
(1) Be 18 years of age or older.
(2) Have successfully completed four credits, or 60 hours of instruction, in basic real estate courses as determined by the Commission under subsection (b).
(3) Submit a completed examination application to the Commission or its designee with the examination fee.
(b) The Commission will apply the following standards in determining whether an examination candidate has met the education requirement of subsection (a)(2):
(1) A candidate who has obtained one of the following degrees will be deemed to have met the education requirement and will not be required to show completion of coursework in specific areas of study:
(i) A bachelor's degree with a major in real estate from an accredited college, university or institute of higher learning.
(ii) A bachelor's degree from an accredited college, university or institute of higher learning, having completed coursework equivalent to a major in real estate.
(iii) A juris doctor degree from an accredited law school.
(2) Credits will be allowed for each of the Commission-developed real estate courses--Real Estate Fundamentals and Real Estate Practice--when offered by:
(i) An accredited college, university or institution of higher learning located outside this Commonwealth.
(ii) A real estate education provider in this Commonwealth approved by the Commission.
(3) Credits will be allowed for acceptable basic real estate courses when offered by:
(i) An accredited college, university or institution of higher learning located outside this Commonwealth.
(ii) A real estate education provider outside this Commonwealth that has been approved by the real estate licensing authority of the jurisdiction where the real estate education provider is located.
(4) Courses shall have been completed within 10 years prior to the date of successful completion of the licensing examination.
(c) A licensee who is converting a reciprocal 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 standard cemetery broker's license shall:
(1) Be 21 years of age or older.
(2) Have worked at least 3 years as a licensed salesperson or cemetery salesperson, with experience qualifications that the Commission considers adequate for practice as a cemetery broker, or possess at least 3 years of other experience, education, or both, that the Commission considers the equivalent of 3 years' experience as a licensed salesperson or cemetery salesperson.
(3) Have successfully completed four credits, or 60 hours of instruction, in basic real estate courses as determined by the Commission under subsection (b).
(4) Submit a completed examination application to the Commission or its designee with:
(i) Official transcripts evidencing the acquisition of degrees or course credits.
(ii) A detailed resume of real estate activities performed by the candidate while working as a salesperson or cemetery salesperson, and a sworn statement from the candidate's employing broker confirming that these activities were performed if the candidate is a licensed salesperson or cemetery salesperson.
(iii) A complete description of work experience and education that the candidate considers relevant to the requirements of paragraph (2) if the candidate is not a licensed salesperson or cemetery salesperson.
(iv) The 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.
(b) The Commission will apply the following standards in determining whether an examination candidate has met the education requirements of subsection (a)(3):
(1) A candidate who has obtained one of the following degrees will be deemed to have met the education requirement and will not be required to show completion of course work in specific areas of study:
(i) A bachelor's degree with a major in real estate from an accredited college, university or institute of higher learning.
(ii) A bachelor's degree from an accredited college, university or institute of higher learning, having completed course work equivalent to a major in real estate.
(iii) A juris doctor degree from an accredited law school.
(2) Credits will be allowed for each of the Commission-developed real estate courses--Real Estate Fundamentals and Real Estate Practice--when offered by:
(i) An accredited college, university or institute of higher learning in this Commonwealth.
(ii) A real estate education provider approved by the Commission in this Commonwealth.
(3) Credits will be allowed for cemetery courses when offered by:
(i) An accredited college, university or institute of higher learning in this Commonwealth.
(ii) A real estate education provider in this Commonwealth approved by the Commission.
(4) Credits will be allowed for acceptable basic real estate courses when offered by:
(i) An accredited college, university or institute of higher learning located outside this Commonwealth.
(ii) A real estate education provider outside this Commonwealth that has been approved by the real estate licensing authority of the jurisdiction where the real estate education provider is located.
(iii) A cemetery association outside this Commonwealth, if the course taught by the cemetery association is equivalent to a course taught by a real estate school in this Commonwealth approved by the Commission.
(5) Courses shall have been completed within 10 years prior to the date of successful completion of the licensing examination.
(c) A reciprocal licensee who is converting a reciprocal 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 salesper- son's license.
(a) An individual who wants to take the salesperson's examination for the purpose of obtaining a standard builder-owner salesperson's license shall:
(1) Be 18 years of age or older.
(2) Be employed by a builder-owner who has a good reputation for honesty, trustworthiness, integrity and competence.
(3) Submit a completed examination application to the Commission or its designee with the examination fee.
(b) A reciprocal licensee who is converting a reciprocal 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 standard rental listing referral agent's license shall:
(1) Be 18 years of age or older.
(2) Have successfully completed four credits, or 60 hours of instruction, in basic real estate courses as determined by the Commission under subsection (b).
(3) Submit a completed examination application to the Commission or its designee with the examination fee.
(b) The Commission will apply the following standards in determining whether an examination candidate has met the requirements of subsection (a)(2):
(1) A candidate who has obtained one of the following degrees will be deemed to have met the education requirement and will not be required to show completion of coursework in specific areas of study:
(i) A bachelor's degree with a major in real estate from an accredited college, university or institute of higher learning.
(ii) A bachelor's degree from an accredited college, university or institute of higher learning, having completed coursework equivalent to a major in real estate.
(iii) A juris doctor degree from an accredited law school.
(2) Credits will be allowed for each of the Commission-developed real estate courses--Real Estate Fundamentals and Real Estate Practice--when offered by:
(i) An accredited college, university or institute of higher learning in this Commonwealth.
(ii) A real estate education provider in this Commonwealth approved by the Commission.
(3) Credits will be allowed for acceptable basic real estate courses when offered by:
(i) An accredited college, university or institute of higher learning in this Commonwealth.
(ii) A real estate education provider outside this Commonwealth that has been approved by the real estate licensing authority of the jurisdiction where the real estate education provider is located.
(4) Courses shall have been completed within 10 years prior to the date of successful completion of the licensing examination.
(c) A reciprocal licensee who is converting a reciprocal 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 H. CONTINUING EDUCATION § 35.382. Requirement.
(a) Condition precedent to renewal of current standard license. 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. The continuing education shall be completed by the May 31 renewal deadline.
(b) Condition precedent to reactivation and renewal of noncurrent standard license. 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.
(d) Documentation. A licensee shall provide the Commission with information necessary to establish the licensee's compliance with this subchapter.
§ 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 standard license holder seeking the waiver is unable to fulfill the requirement because of illness, emergency or hardship. The following are examples of situations in which hardship waivers will be granted.
(1) A 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.
(2) A 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.
(3) A standard license holder who is a qualified continuing education instructor will be deemed eligible, 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.
(b) Requests to waive the continuing education requirement must be filed with the Commission on or before March 31 of the renewal year unless the applicant proves to the satisfaction of the Commission that it was impracticable to do so.
§ 35.384. Qualifying courses.
(a) Except as provided in subsection (b), a licensee shall complete 14 hours of continuing education in acceptable courses in a minimum of 2-hour increments. A standard license holder shall satisfy the continuing education requirement by doing one of the following:
(b) The Commission may, for a given biennial license period and with adequate notice to standard license holders, require that all or part of the 14 hours be completed in required topics.
(c) Acceptable courses include the following:
(1) Real estate ethics.
(2) Laws affecting real estate.
(3) Real estate financing and mathematics.
(4) Real estate valuation and evaluation.
(5) Property management.
(6) Land use and zoning.
(7) Income taxation as applied to real property.
(8) Ad valorem tax assessment and special assessments.
(9) Consumer protection and disclosures.
(10) Agency relationships.
(11) Landlord-tenant laws.
(12) Environmental issues in real estate.
(13) Antitrust issues in real estate.
(14) Current litigation related to real estate.
(15) Legal instruments related to real estate transactions.
(16) Legalities of real estate advertising.
(17) Developments in building construction techniques, materials and mechanical systems.
(18) Real estate investment analysis.
(19) Management of real estate brokerage operations.
(20) Property development.
(21) Real estate securities and syndication.
(22) Real property exchange.
(23) Broker courses encompassing supervisory duties and standards of conduct and practice contained in Subchapter E (relating to standards of conduct and practice).
(24) Marketing promotion and advertising of real estate inventory.
(25) Use of technology in delivering real estate services.
(d) Unacceptable courses include: mechanical office and business skills; for example, typing, speed writing, preparation of advertising copy, development of sales promotional devices, word processing, calculator and computer operation and office management and related internal operations procedures that do not have a bearing on the public interest.
[Pa.B. Doc. No. 05-1559. Filed for public inspection August 19, 2005, 9:00 a.m.]
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