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PA Bulletin, Doc. No. 05-1710

RULES AND REGULATIONS

Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS

STATE REAL ESTATE COMMISSION

[49 PA. CODE CH. 35]

Corrective Amendment to 49 Pa. Code § 35.271(b)(6)

[35 Pa.B. 5119]

   The State Real Estate Commission has discovered a discrepancy between the agency text of 49 Pa. Code § 35.271(b)(6) (relating to examination for broker's license), as deposited with the Legislative Reference Bureau, and the official text published at 35 Pa.B. 4711 (August 20, 2005) and scheduled to be codified in the October 2005 Pennsylvania Code Reporter (Master Transmittal Sheet No. 371). The text of subsection (b)(6) was inadvertently omitted.

   Therefore, under 45 Pa.C.S. § 901: The State Real Estate Commission has deposited with the Legislative Reference Bureau a corrective amendment to 49 Pa. Code § 35.271(b)(6). The corrective amendment to 49 Pa. Code § 35.271(b)(6) is effective as of August 20, 2005, the date the defective text was printed in the Pennsylvania Bulletin.

   The correct version of 49 Pa. Code § 35.271 appears in Annex A.

Annex A

TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS

PART I. DEPARTMENT OF STATE

CHAPTER 35. STATE REAL ESTATE COMMISSION

Subchapter D. LICENSING EXAMINATIONS

§ 35.271. Examination for broker's license.

   (a)  An individual who wants to take the broker's examination for a standard broker's license shall:

   (1)  Be 21 years of age or older.

   (2)  Be a high school graduate or have passed a high school general education equivalency examination.

   (3)  Have worked at least 3 years as a licensed salesperson, with experience qualifications that the Commission considers adequate for practice as a 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.

   (4)  Have acquired 16 credits, or 240 hours of instruction, in professional real estate education as determined by the Commission under subsection (b).

   (5)  Submit a completed examination application to the Commission or its designee with:

   (i)  Official transcripts evidencing the acquisition of course credits.

   (ii)  A detailed resume of real estate activities performed by the candidate while working as a salesperson and a sworn statement from the candidate's employing broker confirming that these activities were performed if the candidate is a licensed salesperson.

   (iii)  A complete description of work experience and education that the candidate considers relevant to the requirements of paragraph (3) if the candidate is not a licensed salesperson.

   (iv)   A certification from the real estate licensing authority of the jurisdiction in which the candidate is licensed stating that the candidate had an active license for each year that credits are claimed if the candidate is applying brokerage experience to satisfy the professional education requirement.

   (v)  The fee for review of the candidate's qualifications to take the examination prescribed in § 35.203 (relating to fees) and the fees for administration of the examination.

   (b)  The Commission will apply the following standards in determining whether an examination candidate has met the education requirement of subsection (a)(4):

   (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)  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 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.

   (3)  To be counted toward the education requirement, a real estate course shall have been offered by:

   (i)  An accredited college, university or institute of higher learning, whether in this Commonwealth or outside this Commonwealth.

   (ii)  A real estate education provider in this Commonwealth approved by the Commission.

   (iii)  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. The course transcript or certificate of completion shall state that the course is approved by the licensing authority of the jurisdiction where the real estate education provider is located.

   (iv)  A real estate industry organization outside this Commonwealth, if the course is approved by the licensing jurisdiction of another state. The course transcript or certificate of completion shall state that the course is approved by the licensing jurisdiction which has approved it.

   (4)  A maximum of four credits will be allowed for each real estate course. A maximum of four credits will be allowed for each area of real estate study listed in paragraph (2).

   (5)  Courses shall have been completed within 10 years prior to the date of successful completion of the licensing examination.

   (6)  Two credits will be allowed for each year of active practice the candidate has had a licensed broker in another state 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.

[Pa.B. Doc. No. 05-1710. Filed for public inspection September 16, 2005, 9:00 a.m.]


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