PROPOSED RULEMAKING

STATE REAL
ESTATE COMMISSION

[ 49 PA. CODE CH. 35 ]

Initial Licensure Fees

[39 Pa.B. 7109]
[Saturday, December 19, 2009]

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

A. Effective Date

 The amendment will be effective upon publication of the final-form regulation in the Pennsylvania Bulletin.

B. Statutory Authority

 Sections 404 and 407 of the Real Estate Licensing and Registration Act (RELRA) (63 P. S. §§ 455.404 and 455.407), authorize the Commission to promulgate and adopt regulations to administer and effectuate the purposes of the RELRA.

C. Background and Purpose

 Currently applicants for licensure complete a paper application and submit it along with the required fee to the Commission. Those who obtain a real estate license in the first year of the renewal cycle pay 100% of the biennial renewal fee in addition to the application and real estate recovery fees while applicants who obtain a real estate license in the second year of the renewal cycle pay 50% of the renewal fee in addition to the application and real estate recovery fees. This two-tiered fee structure, however, precludes the Commission from participating in on-line initial licensure applications for salesperson classes, currently being used by the State Board of Motor Vehicle Manufacturers, Dealers and Salespersons, as the Bureau's licensure software cannot accommodate a two-tiered fee structure.

D. Description of Amendment

 This proposal would amend current fees by consolidating the initial licensure fee charged to new applicants from a two-tiered structure to a one-tier structure. Instead of charging applicants in the first year of the licensure period 100% of the biennial renewal fee and applicants who apply in the second year of the licensure period 50% of the biennial renewal fee, the regulation consolidates these fees into one fee, which represents 75% of the biennial renewal fee. Brokers, cemetery brokers, branch offices, rental listing referral agents, broker of records, partners or officers for a partnership, associations and corporations would pay an initial licensure fee of $94.50 in addition to the application and real estate recovery fees while associate brokers, salespersons, cemetery associate brokers, cemetery salespersons, builder-owner salespersons, time-share salespersons, campground membership salespersons and cemetery companies would pay an initial fee of $72 in addition to the application and real estate recovery fees.

E. Fiscal Impact and Paperwork Requirements

 The amendment will not have a fiscal impact or impose additional paperwork requirements on the Commonwealth as initial licensure fees are currently being charged to new applicants. This proposal will have a minimal fiscal impact on the regulated community over the biennial period as the Commission continues to charge an aggregate initial licensure fee of 150% of the biennial renewal fee over the same 2-year period. The proposed amendment will not necessitate any legal, accounting, paperwork or reporting requirements on the regulated community.

F. Sunset Date

 The Commission reviews the effectiveness of its regulations on an ongoing basis. Therefore, no sunset date has been assigned.

G. Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on December 7, 2009, the Commission 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 SCP/PLC and the HPLC. 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 must 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 Commission, the General Assembly and the Governor of comments, recommendations or objections raised.

H. Public Comment

 Interested persons are invited to submit comments, recommendations or objections regarding the proposed amendment to Judith Pachter Schulder, Counsel, State Real Estate Commission, P. O. Box 2649, Harrisburg, PA 17105-2649, ST-REALESTATE@state.pa.us/estate within 30 days of publication of this proposed rulemaking. Reference No. 16A-5615 (Fees), when submitting comments.

MICHAEL WEISS, 
Chairperson

 Fiscal Note: 16A-5615. 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:

*  *  *  *  *

 Initial standard or reciprocal licensure for broker, cemetery broker, branch office, rental listing referral agent, or broker of record, partner or officer for a partnership, association or corporation[:

 (i) If issued in first half of biennial
period.....100% of biennial renewal fee

 (ii) If issued in second half of biennial
period ..... 50% of biennial renewal fee] ..... $94.50

 Initial standard or reciprocal registration for cemetery company or initial standard or reciprocal licensure for associate broker, salesperson, cemetery associate broker, cemetery salesperson, builder-owner salesperson, time-share salesperson or campground membership salesperson[:

 (i) If issued in first half of biennial
period .....100% of biennial renewal fee

 (ii) If issued in second half of biennial
period ..... 50% of biennial renewal fee] ..... $72

*  *  *  *  *

[Pa.B. Doc. No. 09-2315. Filed for public inspection December 18, 2009, 9:00 a.m.]

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