RULES AND REGULATIONS
STATE REAL ESTATE COMMISSION
[ 49 PA. CODE CH. 35 ]
Initial Licensure Fees
[40 Pa.B. 4759]
[Saturday, August 21, 2010]The State Real Estate Commission (Commission) amends § 35.203 (relating to fees) to read as set forth in Annex A.
Summary
The final-form rulemaking amends the 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 final-form rulemaking consolidates these fees into one fee, which represents 75% of the biennial renewal fee.
Statutory Authority
The final-form rulemaking is authorized under sections 404 and 407 of the Real Estate Licensing and Registration Act (act) (63 P. S. §§ 455.404 and 455.407).
Response to Comments
The proposed rulemaking was published at 39 Pa.B. 7109 (December 19, 2009). Publication was followed by a 30-day public comment period during which the Board received a public comment from the Pennsylvania Association of Realtors, who remained neutral on the rulemaking. Following the close of the public comment period, the Board received comments from the Independent Regulatory Review Commission (IRRC) and the House Professional Licensure Committee (HPLC). The Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment.
IRRC recommended that the Commission add builder-owner salesperson and time-share salesperson to the categories of licensees required to pay biennial renewal fees if those fees are currently being charged as the initial licensure fees include those categories of licensees. In that builder-owner salespersons and time-share salespersons pay biennial renewal fees, the Commission added both categories of licensees in the final-form rulemaking.
The HPLC questioned which licensing boards within the Bureau of Professional and Occupational Affairs are able and unable to accept online applications. All boards, except for the State Board of Cosmetology and the State Board of Barber Examiners, are able to have initial licensure applications processed electronically. However, to date, only the State Board of Vehicle Manufactures, Dealers and Salespersons, which accepts initial licensure applications for salespersons and representatives, and the State Board of Nursing, which accepts online applications for temporary and examination applications for registered and licensed professional nurses, are currently set up to accept online applications. The State Board of Cosmetology and the State Board of Barber Examiners cannot use this system because their initial licensure applications go to their examination vendor by contract.
Compliance with Executive Order 1996-1, Regulatory Review and Promulgation
The Board reviewed this final-form rulemaking and considered its purpose and likely impact on the public and the regulated population under the directives of Executive Order 1996-1.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will not have adverse fiscal impact or paperwork requirements on the Board, licensees, the Commonwealth, its political subdivisions or the public sector.
Sunset Date
The Board continually monitors the effectiveness of its regulations through communication with the regulated population; accordingly, a sunset date has not been set.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on December 7, 2009, the Committee submitted a copy of the notice of proposed rulemaking, published at 39 Pa.B. 7109, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on June 9, 2010, the final-form rulemaking was approved by the HPLC. On July 14, 2010, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on July 15, 2010, and approved the final-form rulemaking.
Contact Person
Further information may be obtained by contacting Patricia Ridley, Administrator, State Real Estate Commission, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-3658.
Findings
The Commission finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The amendment made to the final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 39 Pa.B. 7109.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the act.
Order
The Commission, under the act, orders that:
(a) The regulations of the Commission, 49 Pa. Code Chapter 35, are amended by amending § 35.203 to read as set forth in Annex A.
(b) The Commission shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General as required by law.
(c) The Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
JOSEPH TARANTINO, Jr.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 4359 (July 31, 2010).)
Fiscal Note: Fiscal Note 16A-5615 remains valid for the final adoption of the subject regulation.
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:
Review of qualifications of candidate for broker or cemetery broker licensing examination....................$40
Application for standard or reciprocal licensure of:
(i) Broker, cemetery broker or rental listing referral agent....................$75
(ii) Branch office....................$65
(iii) Associate broker, salesperson, cemetery associate broker, builder-owner salesperson, time-share salesperson, campground membership salesperson, or broker of record, partner or officer for a partnership, association or corporation ....................$25
(iv) Cemetery salesperson.................... $20
Application for registration of cemetery company....................$25
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....................$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....................$72
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....................$126
Biennial renewal of cemetery company registration or standard or reciprocal license of associate broker, salesperson, cemetery associate broker, cemetery salesperson or campground membership salesperson....................$96
Biennial renewal of cemetery company registration or standard or reciprocal license of associate broker, salesperson, cemetery associate broker, cemetery salesperson, campground membership salesperson, builder-owner salesperson or time-share salesperson....................$64
Registration of promotional real estate....................$120
Annual renewal of registration of promotional real estate....................$113
Approval of real estate education provider....................$120
Reinspection of real estate education provider after first failure....................$65
Annual renewal of approval of real estate education provider....................$375 plus $15
for each satellite
location, course and instructorChange of name or office location of broker, cemetery broker or rental listing referral agent.................... $75
Change of name or address for cemetery company or change of employer, change of employer's name or change of employer's address for associate broker, cemetery associate broker, salesperson, cemetery salesperson, builder-owner salesperson, time-share salesperson, campground membership salesperson, or broker of record, partner or officer for a partnership, association or corporation....................$20
Reinspection after failure for change of name or office location of broker, cemetery broker or rental listing referral agent....................$55
Change of ownership or directorship of real estate education provider....................$75
Change of name of real estate education provider....................$45
Change of location of real estate education
provider....................$70Addition of satellite location or instructor for real estate education provider ....................$20
Addition of course for real estate education
provider....................$25Certification 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
[Pa.B. Doc. No. 10-1521. Filed for public inspection August 20, 2010, 9:00 a.m.]
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