PROPOSED RULEMAKING
STATE REAL ESTATE COMMISSION
[49 PA. CODE CH. 35]
Reciprocal License
[34 Pa.B. 4913] The State Real Estate Commission (Commission) proposes to amend Chapter 35 (relating to State Real Estate Commission) to read as set forth in Annex A.
A. Effective Date
This proposed rulemaking will be effective upon publication of the final-form regulations in the Pennsylvania Bulletin.
B. Statutory Authority
This rulemaking is proposed under the authority of sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (RELRA) (63 P. S. §§ 455.201, 455.501, 455.601, 455.602 and 455.604).
C. Background and Purpose
This proposal implements the act of December 30, 2003 (P. L. 418, No. 58) (Act 58), which amended the RELRA to provide for requirements for the issuance of a reciprocal license. Act 58 authorizes the Commission to issue and adopt regulations concerning reciprocal licenses to licensees of other states whose standards are substantially comparable to those in this Commonwealth and who agree to afford an opportunity to licensees from this Commonwealth. In addition, Act 58 authorized the Commission to enter into reciprocal agreements.
Act 58 requires that:
* Licensees whose principal place of business is outside of this Commonwealth be classified as ''reciprocal licensees'' and all other licensees in this Commonwealth be classified as ''standard licensees.''
* Reciprocal licensees obtain standard licenses when their principal place of business moves to this Commonwealth or when their licenses in their principal places of business are no longer current.
* Reciprocal licensees maintain current licensure in another state to renew.
* Reciprocal licensees either maintain an office in this Commonwealth or in the state where the licensee holds the equivalent of a standard license.
* Both reciprocal and standard licensees other than brokers be employed and supervised by brokers.
* Applicants for reciprocal licenses be licensed in a state that has standards which are substantially comparable to those in this Commonwealth and that agrees to afford this opportunity to licensees of this Commonwealth.
* Applicants for reciprocal licenses verify that:
(1) 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 jurisdiction.
(2) The applicant has reviewed and is familiar with the RELRA and the regulations and agrees to be bound by the RELRA and regulations.
(3) The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any jurisdiction in which the applicant is or has been licensed.
(4) The applicant consents to service of process as described in § 35.221(3) (related to general requirements).
* The state where the applicant holds the equivalent of a standard license:
(1) Certifies that the license is active and in good standing.
(2) Describes any past disciplinary action taken by the licensing authority against the applicant.
(3) Lists the applicant's office address and the name of the applicant's employing broker.
* The Commission publish a list of states with which the Commission has signed reciprocal agreements.
* Reciprocal licensees pay the same fees and have the same rights and responsibilities as standard licensees.
D. Description of Proposed Rulemaking
§ 35.201. Definitions.
The Commission is proposing to amend the definitions of ''broker,'' ''builder-owner salesperson,'' ''campground membership salesperson,'' ''cemetery broker,'' ''cemetery salesperson,'' ''licensee'' and ''salesperson'' in § 35.201 to include both standard and reciprocal licenses in accordance with section 602(a) of the RELRA.
The Commission is also proposing to add definitions for ''branch office,'' ''main office'' and ''principal place of business.'' Currently, the Commission registers and inspects main and branch offices. Both are tied to the fixed location of the broker of record or broker who is a sole proprietor. The definition for ''main office'' addresses the office requirements in §§ 35.241, 35.242 and 35.244--35.246. The definition for ''branch office'' addresses the licensure, supervision and operation and inspection of branch office requirements in §§ 35.243--35.246.
The definition of ''principal place of business'' addresses the requirement in section 602(a) of the RELRA that the reciprocal licensee's principal place of business must be outside of this Commonwealth. For licensing purposes, the main office of a reciprocal broker would be that broker's principal place of business. Each of the reciprocal broker's offices in this Commonwealth would be classified as branch offices.
The Commission also proposes adding a definition for ''reciprocal license'' in accordance with section 602(a) of the RELRA. Current licensees who also hold the equivalent of standard licenses in other states will have the option to convert their standard licenses to reciprocal licenses or maintain their current standard licenses. If they convert their licenses to reciprocal licenses, they will not have to complete the continuing education requirement in § 35.382 (relating to requirement) but they will not be able to have their principal place of business in this Commonwealth.
§ 35.203. Fees.
Section 602(c)(4) of the RELRA mandates that the licensure fees for reciprocal licenses be the same as those for standard licenses. Accordingly, § 35.203 has been amended to reflect that the fees apply equally to standard and reciprocal licenses.
§ 35.221. General requirements.
Section 604(c) of the RELRA sets out the general requirements for licensure: complete an application, pay the licensure fee, provide details of criminal convictions and consent to service of process. The Commission proposes to amend § 35.321 to clarify that these requirements apply to standard and reciprocal licensure applicants.
§ 35.222. Licensure as a broker.
§ 35.223. Licensure as salesperson.
§ 35.224. Licensure as cemetery broker.
§ 35.225. Licensure as cemetery salesperson.
§ 35.226. Licensure as builder-owner salesperson.
§ 35.227. Licensure as rental listing referral agent.
§ 35.228. Licensure as campground membership salesperson.
§ 35.229. Licensure as time-share salesperson.
Each of the previously mentioned sections currently refers to obtaining a license in this Commonwealth. Act 58 removes the reference to a Pennsylvania license and replaces it with standard and reciprocal license. The Commission is proposing to make that same change to each of these provisions.
For standard license applicants, the Commission is also proposing amending the examination requirement to reflect current practice. Applicants shall pass the entire licensure examination unless the applicant has been actively practicing as a broker in another state within the last 5 years. In that instance, the applicant need only pass the State portion of the examination.
As for a reciprocal license applicants, the Commission is proposing tracking the language of section 602(d) and (e) of the RELRA to indicate that where a broker applicant holds a current license issued by a state that recognizes a Pennsylvania standard license without further requirement, the broker may obtain a reciprocal license without further requirements. However, when the applicant applies from a state which would require a standard license applicant to complete additional education, experience or examination requirements, or both, the applicant shall complete equivalent requirements.
The Commission also proposes adding the requirement for a verified statement enumerated in section 602(c) of the RELRA for each of the reciprocal classifications. When the applicant will be acting as a salesperson, builder-owner salesperson or associate broker, the Commission proposes adding a sworn statement from the broker attesting to the applicant's good reputation and certifying that the applicant will be actively supervised and trained by the broker, as is required for standard license applicants. When the applicant will be acting as a time-share salesperson or a campground membership salesperson, the Commission proposes adding a sworn statement from the broker certifying that he actively supervised and trained the applicant, as required for standard license applicants.
§ 35.241. General office requirement.
Current § 35.241 contains the requirement that a broker maintain a fixed office in this Commonwealth unless the broker maintains a fixed office in another state. The Commission proposes replacing the word ''fixed'' with ''main'' to correspond to the remaining office provisions which refer to ''main'' offices. Also, the Commission proposes clarifying that the out-of-State main office must be in the state which has a reciprocal agreement with the Commission and where the reciprocal licensee holds the equivalent of a standard license.
§ 35.242. Office of a broker or cemetery broker.
§ 35.244. Supervision and operation of office.
§ 35.245. Display of licenses in offices.
§ 35.246. Inspection of office.
Current §§ 35.242, 35.244, 35.245 and 35.246 delineate main and branch office requirements. To clarify that the Commission is only statutorily authorized to impose requirements on offices in this Commonwealth and because the main offices of reciprocal license holders are outside of this Commonwealth, the Commission proposes to amend these sections to specify that the requirements only apply to the main offices of standard license holders and to the branch offices of both standard and reciprocal license holders.
Further, current § 35.244 requires that main and branch offices be under the supervision of a broker or associate broker. Similarly, cemetery main and branch offices must be under the supervision of a cemetery broker or associate broker and rental listing referral offices must be under the direction and supervision of a rental listing referral agent. The Commission proposes amending § 35.244 to clarify that the brokers/associate brokers/cemetery brokers/associate cemetery brokers/rental listing referral agents may hold either a standard or reciprocal license. Additionally, the Commission proposes clarifying that associate brokers, salespersons, cemetery salespersons, campground membership salespersons and time-share salespersons may practice in affiliation with a broker holding either a standard or reciprocal license.
§ 35.255. Reciprocal licenses.
The Commission proposes adding § 35.255 to address renewal, reactivation and conversion requirements for reciprocal licensees. Subsection (a) tracks new section 602(h)(2) of the RELRA which exempts reciprocal licensees from the continuing education requirements in section 404.1 of the RELRA (63 P. S. § 455.404a). To renew reciprocal licensees, in addition to completing the application and paying the renewal fee, shall provide the Commission with a certification from the state where the licensee holds the equivalent of a standard license that the license is current and in good standing.
Subsection (b) tracks new section 602(h)(2) of the RELRA which exempts reciprocal licensees from the reactivation requirements in section 501(b) of the RELRA. Unlike standard licensees, a reciprocal licensee who fails to renew a reciprocal license, even after 5 years, may reactivate the license without being re-examined so long as the licensee holds the equivalent of a current standard license in the state where the licensee has his principal place of business.
Subsection (c) tracks new section 602(g) of the RELRA which requires a reciprocal licensee to obtain a standard license if the reciprocal licensee changes his principal place of business to a location within this Commonwealth. The Commission proposes clarifying that when the reciprocal licensee changes this principal place of business or when the reciprocal licensee fails to hold the equivalent of a current standard in the state where the licensee has his principal place of business, the reciprocal licensee is required to: (1) notify the Commission within 90 days of the change; and (2) pass the State portion of the licensing examination. Once the license has been converted, the standard licensee shall comply with the requirements for a standard license, including completion of the continuing education requirement.
§ 35.271. Examination for broker's license.
§ 35.272. Examination for salesperson's license.
§ 35.273. Examination for cemetery broker's license.
§ 35.274. Examination for builder-owner salesperson's license.
§ 35.275. Examination for rental listing referral agent's license.
Similar to the proposed revisions in §§ 35.222--35.229, the Commission proposes to replace the reference to ''Pennsylvania'' license to ''standard'' license in conformity with Act 58. Additionally, new provisions, tracking section 602(g) of the RELRA, have been added for each licensure classification clarifying that when the holder of a reciprocal license converts to a standard license, the education, experience and examination requirements do not apply. Rather, the licensee is only required to pass the State portion of the examination. These provisions are consistent with the requirements for standard licensee applicants who hold a current license in another state.
§ 35.305. Business name on advertisements.
On November 18, 2000, the Commission amended subsection (b) to permit licensees to advertise a nickname provided the name was registered with the Commission. Despite providing the example of Jack v. John and Margaret v. Peggy, the Commission has received numerous inquiries from licensees questioning whether they could use a nickname for their last name. As such, the Commission proposes amending subsection (b) to clarify that the nickname may only be for the licensee's first name.
§ 35.325. Escrow account.
Current subsection (b) authorizes the employing broker or the broker of record to give an employee the written authority to deposit money into an escrow account and a licensed employee the authority to withdraw funds. In an attempt to clarify that the Commission is referring to a sole proprietor when it uses the terms ''employing broker,'' the Commission proposes amending subsection (b) by substituting ''sole proprietor'' for ''employing broker.''
§ 35.382. Requirement.
§ 35.383. Waiver of continuing education requirement.
§ 35.384. Qualifying courses; required and elective topics.
New section 602(h)(2) of the RELRA exempts reciprocal licensees from the continuing education requirements in section 404.1 of the RELRA. Accordingly, the Commission proposes amending §§ 35.382--35.384 by substituting ''standard license holders'' or ''holding a standard license'' for ''licensees'' throughout.
The Commission extended an invitation to the following boards and associations to preliminarily review and comment on the Commission's draft regulatory proposal: Pennsylvania Association of Realtors; Realtors Educational Institute; Institute of Real Estate Studies; Polley Associates; Pennsylvania Cemetery & Funeral Association; Pennsylvania Bar Association; Allegheny Highland Association; Greater Allegheny-Kiski Area Board; Allegheny Valley Board; Beaver County Association; Bradford-Sullivan County Association; Bucks County Board; Butler County Association; Cambria-Somerset Association; Carbon County Association; Carlisle Association; Central Montgomery County Association; Central Susquehanna Valley Board; Central Westmoreland Board; Centre County Association; Chester County Association; Clearfield-Jefferson Association; Delaware Valley Realtors Association; East Montgomery County Association; Elk-Cameron County Board; Greater Erie Board; Fayette County Board; Franklin County Association; Greenville Area Board; Hanover-Adams County Association; Greater Harrisburg Association; Greater Hazleton Association; Huntingdon County Board; Indiana County Board; Lancaster County Association; Lawrence County Board; Lebanon County Association; Lehigh Valley Association; McKean County Association; Greater Meadville Board; Greater Mercer County Board; Mifflin-Juniata County Board; Mon Yough Association; Monongahela Valley Board; Greater Philadelphia Association; North Central Penn Board; Pike/Wayne Association; Pocono Mountains Association; Reading-Berks Association; Realtors Association of Metropolitan Pittsburgh; Schuylkill County Board; Greater Scranton Association; Tri-State Commercial and Industrial Association; Warren County Board; Washington-Greene Association; West Branch Valley Association; Westmoreland West Association; Greater Wilkes-Barre Association; York County Association; The Pennsylvania Federation of Housing Counselors and Agencies; and The Real Estate Consumer Council. The Commission considered comments submitted to it in drafting the proposal.
E. Fiscal Impact and Paperwork Requirements
The proposed rulemaking should have no fiscal impact on the Commonwealth. Reciprocal licensees are required by Act 58 to pay the same licensure fees as standard license holders. As such, the licensure fees will cover all administrative fees.
Additional paperwork requirements for the Commission would be limited to entering into reciprocal agreements with the other states and annually publishing a list of those states who have entered into agreement and others that require the imposition of additional education, experience and examination requirements. Licensees would have no additional paperwork requirements. The proposed rulemaking should not necessitate any legal, accounting 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 August 23, 2004, 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 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 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 written comments, recommendations or objections regarding the proposed amendments to Judith Pachter Schulder, Counsel, State Real Estate Commission, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days of publication of this proposed rulemaking. Reference No. 16A-5610 (Reciprocal Licenses) when submitting comments.
JOSEPH J. MCGETTIGAN,
ChairpersonFiscal Note: 16A-5610. 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 § 35.201. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Branch office--Any fixed location in this Commonwealth, other than the main office, maintained by a broker or cemetery broker, devoted to the transaction of real estate business.
Broker--An individual or entity holding either a standard or reciprocal license, unless otherwise specified, that, for another and for a fee, commission or other valuable consideration, does one or more of the following:
* * * * * Broker of record--The individual broker responsible for the real estate transactions of a partnership, association or corporation that holds a broker's license[, or the individual broker or limited broker responsible for the real estate transactions of a partnership, association or corporation that holds a limited broker's license].
Builder-owner salesperson--An individual holding either a standard or reciprocal license, unless otherwise specified, who is a full-time employee of a builder-owner of single- and multi-family dwellings located in this Commonwealth and who is authorized, for and on behalf of, the builder-owner, to do one or more of the following:
* * * * * Campground membership salesperson--An individual holding either a standard or reciprocal license, unless otherwise specified, who, either as an employee or an independent contractor, sells or offers to sell campground memberships[. The individual shall sell campground memberships] under the active supervision of a broker. A licensed broker, salesperson or time-share salesperson does not need to possess a campground membership salesperson's license to sell campground memberships.
* * * * * Cemetery broker--An individual or entity holding either a standard or reciprocal license, unless otherwise specified, that is engaged as, or carrying on the business or acting in the capacity of, a broker exclusively within the limited field or branch of business that applies to cemetery lots, plots and mausoleum spaces or openings.
* * * * * Cemetery salesperson--An individual holding either a standard or reciprocal license, unless otherwise specified, employed by a broker or cemetery broker exclusively to perform the duties of a cemetery broker.
* * * * * Licensee--An individual or entity [licensed] holding either a standard or reciprocal license, unless otherwise specified, under the act. For purposes of the consumer notice in § 35.336(a) (relating to disclosure summary for the purchase or sale of residential or commercial real estate or for the lease of residential or commercial real estate when the licensee is working on behalf of the tenant), the term means a broker or salesperson.
* * * * * Main office--The fixed location of the broker or cemetery broker in this Commonwealth or another state devoted to the transaction of real estate business.
* * * * * Principal place of business--The fixed location of the broker or cemetery broker in the state where the licensee holds the equivalent of a standard license.
* * * * * Reciprocal license--A license issued to an individual or entity whose principal place of business for the provision of real estate services is outside of this Commonwealth and who holds a current license to provide real estate services from a state that has executed a reciprocal agreement with the Commission.
* * * * * Salesperson--An individual holding either a standard or reciprocal license, unless otherwise specified, who is employed by a broker to do one or more of the following:
* * * * * Standard license--A license issued to an individual or entity who has fulfilled the education/experience and examination requirements of the act.
* * * * * § 35.203. Fees.
The following fees are charged by the Commission:
* * * * * Application for standard or reciprocal licensure of:
* * * * * 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:
* * * * * Initial standard or reciprocal registration of cemetery company or initial standard or reciprocal licensure for associate broker, salesperson, cemetery associate broker, builder-owner salesperson, time-share salesperson or campground membership salesperson:
* * * * *
Biennial renewal of standard or reciprocal license of broker, cemetery broker, branch office, rental listing referral agent, or broker of record, partner or officer for a partnership, association or corporation............ $84 Biennial renewal of cemetery company registration or standard or reciprocal license of associate broker, salesperson, cemetery associate broker, cemetery salesperson or campground membership salesperson............ $64 * * * * *
Certification of current status of standard or reciprocal licensure, registration or approval.............. $15 Certification of history of standard or reciprocal licensure, registration or approval.............. $40 Duplicate standard or reciprocal license.............. $5 Late renewal of standard or reciprocal license..............In addition to the prescribed renewal fee, $5 for each month or part of the month beyond the renewal date * * * * *
Subchapter C. LICENSURE
LICENSURE REQUIREMENTS § 35.221. General requirements.
In addition to meeting the other requirements of this subchapter pertaining to the specific license sought, an applicant for a [Pennsylvania] standard or reciprocal real estate license shall submit the following to the Commission with the license application:
* * * * * § 35.222. Licensure as a broker.
(a) [Except as provided in subsection (b), an] An individual who wants to obtain a [Pennsylvania] standard broker's license shall comply with § 35.221 (relating to general requirements) and:
(1) Have scored a passing grade on each part of the broker'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 by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See § 35.271 (relating to examination for broker's license).
(2) Comply with §§ 35.241 and 35.242 (relating to general office requirement; and office of broker or [limited] cemetery broker).
(3) Submit a completed [license] 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 [licensed] holding either a current standard or reciprocal license issued by the Commission.
* * * * * (b) An individual [holding a broker's license issued by another jurisdiction] who wants to obtain a [Pennsylvania] reciprocal broker's license [either] shall comply with [subsection (a) or shall] § 35.221 and:
(1) Possess a current broker's license issued by another [jurisdiction that has been active within 5 years prior to the submission of a properly completed license application] state that agrees to issue a license to a standard Pennsylvania licensee without further requirement. When an applicant applies from a state which would require a standard Pennsylvania licensee to complete additional education, experience or examination requirements, the applicant shall complete equivalent requirements.
(2) [Have scored a passing grade on the Pennsylvania portion of the broker's examination within 3 years prior to the submission of a properly completed license application. See § 35.271.
(3)] Comply with §§ 35.241 and 35.242.
[(4)](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) If the applicant will be acting as an associate broker, submit a sworn statement from the broker with whom the applicant desires to 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 [jurisdiction containing the following information] state:
(i) [The applicant's license number, the date of issuance of the license and confirmation that the applicant obtained initial licensure by written examination.
(ii) Whether the] Confirming that the applicant's license [has been] is active [within the last 5 years] and in good standing.
[(iii) A description of] (ii) Describing any past disciplinary action taken by the licensing authority against the applicant.
[(iv) The] (iii) Listing the applicant's office address and the name of the applicant's [employer] employing broker.
(c) A partnership, association or corporation that wants to obtain a [Pennsylvania] standard or reciprocal broker's license shall:
(1) Ensure that each member of the partnership or association, or each officer of the corporation, who intends to engage in the real estate business [is licensed] holds either a current standard or reciprocal license issued by the Commission as a salesperson or broker.
* * * * * § 35.223. Licensure as salesperson.
(a) [Except as provided in subsection (b), an] An individual who wants to obtain a [Pennsylvania] 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).
* * * * * (b) An individual [holding a broker's or salesperson's license issued by another jurisdiction] who wants to obtain a [Pennsylvania] reciprocal salesperson's license [shall comply with subsection (a) or] shall comply with § 35.221 and:
(1) Possess a current broker's or salesperson's license issued by another [jurisdiction that has been active within 5 years prior to the submission of a properly completed license application] state that agrees to issue a license to a standard Pennsylvania licensee without further requirement. When an applicant applies from a state which would require a standard Pennsylvania licensee to complete additional education, experience or examination requirements, the applicant shall complete equivalent requirements.
(2) [Have scored a passing grade on the Pennsylvania portion of the salesperson's examination within 3 years prior to the submission of a properly completed license application. See § 35.272.] 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.
(iv) The applicant consents to service of process as described in § 35.221(3).
(3) Submit [a completed license application to the Commission with] a certification from the real estate licensing authority of the other [jurisdiction containing the following information] state:
(i) [The applicant's license number, the date of issuance of the license and confirmation that the applicant obtained initial licensure by written examination.
(ii) An indication of whether] Confirming that the applicant's license [has been] is active [within the last 5 years] and in good standing.
[(iii) A description of] (ii) Describing any past disciplinary action taken by the licensing authority against the applicant.
[(iv) The] (iii) Listing the applicant's office address and the name of the applicant's [employer] 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 [Pennsylvania] 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 the 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).
* * * * * (3) Submit a completed [license] 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 [licensed] holding either a current standard or reciprocal license issued by the Commission.
* * * * * (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. 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) 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.
(iv) The applicant consents to service of process as described in § 35.221(3).
(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 [Pennsylvania] 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 [is licensed by the Commission] possesses a standard license as a broker or cemetery broker issued by 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 [Pennsylvania] standard cemetery salesperson's license shall comply with § 35.221 (relating to general requirements) and:
* * * * * (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. 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, 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 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 [Pennsylvania] standard builder-owner salesperson's license shall comply with § 35.221 (relating to general requirements) and:
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