J81I 2871PRO
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ndependent Regulatory Review Commission
c5
(1) Agency: ,
Department of State, Bureau of Professional and
Occupational Affairs, State Real Estate Commission
(2) Agency Number: 16A
Identification
Number:
-5613
-si
w
w
IKR.C
Number:
: J81I
(3) Short
Title:
Education
(4) PA Code Cite: 49 Pa. Code §§ 35.271 - 35.273,35.275, 35.359, 35.384 and 35.385
(5) Agency Contacts (List Telephone Number, Address, Fax Number and Email Address):
Primary Contact: Judith Pachter Schulder, Counsel, State Real Estate Commission, P.O. Box
2649,
Harrisburg, PA 17110-2056 (fax number) 787-0251 (e-mail address) jschulder@state.pa.us.
Secondary Contact: Joyce McKeever, Deputy Chief Counsel, Department of State P.O. Box 2649,
Harrisburg, PA 17110-2056 (fax number) 787-0251 (e-mail address) jmckeever@state.pa.us.
(6) Primary Contact for Public Comments (List Telephone Number, Address, Fax Number and Email
Address) - Complete if different from #5:
(All Comments will appear on IRRC'S website)
(7) Type of Rulemaking (check applicable box):
X Proposed Regulation
O Final Regulation
QFinal Omitted Regulation
Q Emergency Certification Regulation;
O Certification by the Governor
I
I
Certification by the Attorney General
(8) Briefly explain the regulation in clear and nontechnical language. (100 words or less)
This regulation seeks to aceftmplish four objectives:
A. Requiring new licensees to complete a 14-hour Commission-developed practice course
during the first biennium when continuing education is required. (§ 35,384(c))
B;
Removing the electronic transfer requirement on real estate education providers and
replaces it with the requirement that providers give instructors and attendees transcripts
or certificates of instruction/completion. Under the proposal, the transcripts/certificates
must be retained for 2 years. (§ 35.359)
C.
Adding facility, instructor, curriculum and transcript requirements on providers of
continuing education. (§ 35.385(b))
D.
Consolidating educational requirements for various4icensure classes. (§§ 35.271-35.275)
(9) Include a schedule for review of the regulation including:
A. The date by which the agency must receive public comments:
B.
The date or dates on which public meetings or hearings
will be held:
C. The expected date of promulgation of the proposed
regulation as a final-form regulation:
D.
The expected effective date of the final-form regulation:
E. The date by which compliance with the final-form
regulation will be required:
F.
The date by which required permits, licenses or other
approvals must be obtained: •
30 days after publication
as proposed rulemaking
N/A
Spring 2011
Upon publication of the
final-form rulemaking
Upon publication of the
final-form rulemaking
N/A
(10) Provide the schedule for continual review of the regulation.
The Board continuously reviews its regulations.
(11) State the statutory authority for the regulation. Include specific statutory citation.
Sections 404 and 404.1 of the Real Estate Licensing and Registration Act (RELRA), 63 P.S. §§
455.404 and 455.404a, authorize the Commission to promulgate and adopt regulations in order to
administer and effectuate the purposes of the RELRA, including continuing education.
(12) Is the regulation mandated by any federal or state law or court order, or federal regulation? Are
there any relevant state or federal court decisions? If
yes,
cite the specific law, case or regulation as well
as,
any deadlines for action.
No.
(13) State why the regulation is needed. Explain the compelling public interest that justifies the
regulation. Describe who will benefit from the regulation. Quantify the benefits as completely as
possible and approximate the number of people who will benefit.
In addition to consolidating and clarifying pre-licensure and continuing education requirements,
the proposed amendments require new licensees to complete a Commission-developed practice
course addressing real estate law, agency and real estate documents in order to satisfy their first
continuing education requirement. While new licensees receive didactic information on these
topics during their pre-licensure courses, the Commission believes that there is additional
practical and practice-specific information which new licensees should learn as they begin
practice. There are approximately
5,000
new licenses issued annually. Brokers, new salespersons
and consumers will benefit from this enhanced education.
The regulations would also reinstate pre-2004 continuing education provider regulations which
required continuing education providers to give instructors and attendees transcripts or
certificates of instruction/completion. The Commission tried to have providers electronically
transmit continuing education information directly to the Commission, however, this system
proved unworkable due to computer discrepancies and inaccurate reporting of licensing
information by licensees* Further, the belief that electronic transfer would decrease the calls to the
Commission proved to be erroneous as the Commission received numerous calls from licensees
checking whether their provider transferred their credit information. There are approximately
65 real estate education providers excluding colleges, universities and institutes of higher
education.
(14) If scientific data, studies; references are used to justify this regulation, please submit material with
the regulatory package. Please provide full citation and/or links to internet source.
N/A
(15)
Describe,
who
snd how many will be adversely affected by the regulation. How are they affected?
No one will be adversely affected by the regulation.
(16) List the persons, groups or entities that will be required to comply with the regulation.
Approximate the number of people who will be required to comply.
New standard salesperson licensees will be required to take with the Commission-developed
practice course. There are approximately
5,000
new licenses issued annually.
All real estate education providers will be required to comply with the transcript/certificate
requirement. There are approximately 65 real estate education providers excluding colleges,
universities and institutes of higher education.
(17) Provide a specific estimate of the costs and/or savings to the regulated community associated with
compliance, including any legal, accounting or consulting procedures which may be required. Explain
how the dollar estimates were derived.
The regulation will not result in increased costs or savings to the regulated community and will
not require legal, accounting or consulting procedures.
(18) Provide a specific estimate of the costs and/or savings to local governments associated with
compliance, including any legal, accounting or consulting procedures which may be required. Explain
how the dollar estimates were derived.
The regulation will not result in increased costs or savings to local government and will not
require legal, accounting or consulting procedures.
(19) Provide a specific estimate of the costs and/or savings to state government associated with the
implementation of the regulation, including any legal, accounting, or consulting procedures which may
be required. Explain how the dollar estimates were derived. .
The regulation will not result in increased costs or savings to state government and will not
require legal, accounting or consulting procedures.
(20) In the table below, provide an estimate of the fiscal savings and costs associated with
implementation and compliance for the regulated community, local government, and state government
for the current year and five subsequent years.
SAVINGS:
Regulated Community
Local Government
State Government
Total Savings
COSTS:
Regulated Community
Local Government
State Government
Total Costs
REVENUE LOSSES:
Regulated Community
Local Government
State Government
Total Revenue Losses
Current FY
Year
$N/A
N/A
N/A
; FY+1
Year
$ N/A
N/A
N/A
FY+2
Year
$N/A
N/A
N/A •
FY+3
Year
$N/A
N/A
N/A
FY+4
Year
$N/A
N/A
N/A
FY+5
Year
$N/A
N/A
N/A
(20a) Provide the past three year expenditure history for programs affected by the regulation.
Program
State Real Estate
Commission
FY-3
$$2,(554,819.51
FY-2
$2,803,605.90
FY-1
$3,
150,494.59
Current FY
$3,541,000.00
(21) Explain how
the
benefits of the regulation outweigh any cost and adverse effects.
There are no costs associated with this regulation.
(22) Describe the communications with and input
from
the public and any advisory council/group in the
development and drafting of the regulation. List the specific persons and/or groups who were involved.
In compliance with Executive Order
1996-1,
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, Centre County Association, Chester County 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,
Montgomery County Association, Greater Hagerstown Realtors, Realtors Assoc. of York &
Adams Counties, Pennsylvania Realtors Institute, Pennsylvania Association of Private School
Administrators, 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, The Pennsylvania Federation of Housing Counselors and Agencies, and The Real
Estate Consumer Council.
In formulating this proposal, the Commission reviewed and considered all comments and
suggestions received by these and other interested parties during the regulatory development
process.
(23) Include a description of any alternative regulatory provisions which have been considered and
rejected and a statement that the least burdensome acceptable alternative has been selected.
Nonregulatory alternatives were not considered because policy statements on any of the issues
covered by the amendments would not have the force or effect of law.
(24) Axe there any provisions that are more stringent than federal standards? If
yes,
identify the specific
provisions and the compelling Pennsylvania interest that demands stronger regulations.
There are no federal licensure standards.
(25) How does this regulation compare with those of other states? How will this affect Pennsylvania's
ability to compete with other states?
Fourteen states currently require new licensees to complete additional education upon
obtaining a license:
STATES
Alabama
Arkansas
California
Florida
Georgia
Kansas
Louisiana
Mississippi
Ohio
Oklahoma
South Carolina
Tennessee
Washington
NUMBER OF HOTJHS
30
18 salesperson/30 broker
48 salesperson/60 broker
25
30
30
30
10
45 required to maintain an
associate broker's license
30
30 affiliates/120 brokers
30
TIME FRAME TO
COMPLETE
1 year
12 months
18 months
18 to 24 months
First year
6 months
By 12/31 of first full calendar
year of licensure
1 year
1 year
1 year
12 months
6 months affiliates/3 years
brokers
Due with first active renewal
The proposed rulemaking will not adversely affect Pennsylvania's ability to compete with other
states.
(26) Will the regulation affect any other regulations of
the
promulgating agency or other state agencies?
If
yes,
explain and provide specific citations.
The regulation will not affect any regulations of the Commission or other state agencies.
(27) Submit a statement of legal, accounting or consulting procedures and additional reporting,
recordkeeping or other paperwork, including copies of forms or reports, which will be required for
implementation of the regulation and an explanation of measures which have been taken to minimize
these requirements/
The regulations will require licensees to retain copies of their continuing education
transcripts/certificates for two biennial periods- It will also require real estate education
providers to provide instructors/attendees copies of this documentation rather than electronically
transmit it to the Commission.
(28) Please list any special provisions which have been developed to meet the particular needs of
affected groups or persons including, but not limited to, minorities, elderly, small businesses, and
farmers.
The Board is aware of no special needs of any subset or group which should be excepted.
C.M.i-1
FACE SHEET
FOR FILING DOCUMENTS
WITH THE LEGISLATIVE REFERENCE BUREAU
(Pursuant to Commonwealth Documents Law)
RECEIVED
fRRC
20I0AUG21
A 0 33
DO NOT WRITE IN THIS SPACE
Copy-below is hereby approved as to
form and legality. Attorney General
k
(DEPUTY ATTORNEY GENERAL)
'MIS
11
2010
DATE OF APPROVAL
[ ] Check if applicable
Copy not approved
Objections attached.
Copy below is hereby certified to be a true and correct Copy below is approved as
copy of a document issued, prescribed or promulgated by: to form and legality.
Executive or Independent
Agencies.
State Real Estate Commission
(AGENCY)
DOCUMENT/FISCAL NOTE NO. 16A-5613
DATE OF ADOPTION
fTINO,
JR.
Chairman
(EXECUTIVE OFFICER, CHAIRMAN OR SECRETARY)
DATE OF APPROVAL
(Deputy General Counsel
(Chawr Cuuiifefel,
ladopondont Agouey
(Stroke inapplicable title)
[ ] Check if Applicabl
No Attorney General approval
or Objection within 30 days
after submission
PROPOSED RULEMAKTNG
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF STATE
BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS
STATE REAL ESTATE COMMISSION
49 Pa. Code, Chapter 35
EDUCATION
Education
16A-5613
December 31,2009
The State Real Estate Commission (Commission) proposes to amend §§
35.201, 35.271—
35.273,
35.275,
35.341,
35.359, 35.384 and 35.385, to read as set forth in Annex A.
A. Effective Date
The amendments will be effective upon publication of the final-form regulation in the
Pennsylvania Bulletin.
B.
Statutory Authority
The amendments are proposed under the authority of sections 404.1 of the Real Estate
Licensing and Registration Act (RELRA)(63 P.S. §455.404a).
C. Background and Purpose
In previous rulemaking published on December 11,2004, at 34
Pa.B.
6530, the Commission
consolidated duplicative pre-licensure and continuing education provisions and revised outdated,
burdensome and unnecessary providerrequirements in
§§
35.203,35.228,35.229,35.271—35.273,
35.275,
35.341—35.363 and 35.381—35.392. Since that time, the Commission has reviewed the
effectiveness of its regulations and determined that several provisions require additional amendment.
Specifically, the Commission determined that the provider provisions in §§ 35.271—35.273 and
35.275 require additional consolidation; the continuing education provider requirements in §§
35.352(b), 35.353(a), 35.355, 35.358(a) and 35.359(b) require-cross-referencing in section 35.385
(relating to continuing education providers); the transcript/certificate requirements in § 35.359
(relating to course transcripts) require amendment; and a required course needs to be added for new
licensees in
§
35.384(b) (relating to qualifying courses).
As part of its prior amendments, the Commission removed the requirement in
§
35.359 that
continuing education providers give transcripts or certificates of instruction
to
attendees because, at
the time, a roster of attendees was being provided to the Commission directly by the providers
following the courses. The Commission believed that this would eliminate an unnecessary
paperwork requirement for providers and assist licensees and the Commission during renewal.
However, having completed
two
renewrals applying this method, the Commission determined that the
electronic transfer system created additional administrative problems and has abandoned electronic
transfer in favor of the renewal and audit system used by other licensing Boards within the Bureau of
Professional and Occupational Affairs.
Another change made in the prior amendments was to eliminate the mandatory course
requirement in § 35.384(b) in all but pre-notified instances, and replace it with all elective courses.
As the Commission explained, except for instances where the RELRA or the regulations have been
substantively modified or
where,
in the Commission's view, licensees require specific Commission-
1
Education
16A-5613
December
31,
2009
guidance, the Commission believed that licensees should be able to take continuing education in
subjects that directly benefit their practice or
interest.
The Commission continues to hold
this
belief
generally, however, it believes that new licensees require additional guidance about agency, real
estate law and real estate documents related to their specific practice area during their first years of
practice that is not included in the pre=licensure courses. As such, instead of allowing these new
licensees to take elective courses to satisfy their continuing education requirement, the Commission
believes that these licensees should take a required 14-hour course designed specifically for new-
licensees during the first renewal cycle
in
which they
are
required
to
complete continuing education.
The Commission has discussed this requirement with real estate education providers, its Voluntary
Education Advisory Committee, real estate companies and licensees who agree that a required
continuing education course for new licensees is beneficial. Such
a
course
has
been developed and is
being offered during the 2009-2011 biennial period.
EL Description of Proposed Amendments
§ 35.201—Definitions
The Commission proposes adding a definition for "accredited college" to
§
3 5.201 (relating
to definitions) to simplify the educational requirements in Subchapter D (relating to licensing
examinations).
Subchapter D—Licensing examinations
The Commission proposes consolidating the provider requirements in § §35.271 (b)(iii) and
(iv),
35.272(b)(2) and (3), 35.273(b)(2), (3) and
(4),
and 35.275(b)(2) and
(3).
In addition, in each of
these sections, the Commission proposes cross-referencing
the
new definition of "accredited college"
in
§
35.201.
Also, the Commission proposes adding the course transcript information currently set
forth in §§35.271,35.272 and 3
5.275
(relating
to
.examination for broker s license; examination for
salesperson's license; and examination for rental listing referral agent3 s license) to
§
3
5,273
(relating
to examination for cemetery broker's license).
For each licensure
class,
the Commission has determined that pre-licensure education courses
must be taken from one of four sources: (1) an accredited college; (2) a real estate education
provider in this Commonwealth; (3)
a
real estate education provider outside of this Commonwealth
that has been approved by the Real Estate Commission in the jurisdiction where the provider is
located; and (4) a real estate industry organization outside of this Commonwealth that has been
approved by the Real Estate Commission in the jurisdiction where the organization is located. As
such, in proposed form, the Commission
has
consolidated
§
35.271 (b)(3)(iii) and (iv) and has added
"industry organizations" to current §§ 35.272(b)(3)(iii), 35.273(b)(4)(iii) and 35.275(b)(3)(iii). In
addition, the Commission proposes removing redundant language and consolidating
the
requirements
in §§ 35.272(b)(2) and (3), 35,273(b)(2), (3) and (4), and 35.275(b)(2) and (3).
Education
16A-5613
'December 31,2009
§ 35.341—Approval of real estate education provider
Because real estate.education providers can be limited liability corporations and limited
liability partnerships as well as corporations, the Commission proposes amending the documentation
required to be submitted with a provider application in §
35.341 (6)(iv)
to require a copy of the
registration documentation approved by the Department of State's Corporation Bureau.
§ 35.359—Course documentation.
The Commission proposes amending the continuing education documentation requirements
in § 35.359(b) by removing the electronic transfer requirement and requiring continuing education
providers to again provide signed course transcripts/certificates of instruction to course attendees and
instructors. New paragraph (1) institutes a 2-year retention requirement for continuing education
documentation. New paragraph (2) imposes an affirmative requirement on licensees to produce the
transcripts/certificates verifying completion of the continuing education requirement to the
Commission if audited.
§§ 35.384 and 35.385—Qualifying courses and continuing education providers
The Commission proposes amending current § 35.384(b) to require that in addition to any
required course mandated by the Commission, licensees complete the Commission developed 14
hour post-licensure education course as satisfaction of the continuing education requirement within
the first biennial period in which continuing education is required for new
licensees.
Additionally,
the Commission proposes adding new § 35.385(b) to cross reference §§ 35.352(b), 35.353(a),
35355,
35.358(a) and 35.359(b) pertaining
to
standards for real estate education
providers,
because
those sections are equally applicable to continuing education providers.
R . Fiscal Impact and Paperwork Requirements
The amendments should have no fiscal impact on the Commonwealth, its political
subdivisions or the
public.
The amendments will impose a paperwork requirement which may have
a slight fiscal impact on the regulated community because the amendments require real estate
education providers to provide signed transcripts/certificates of completion
to
continuing education
participants/instructors at the end of each course, and licensees are required to retain this
documentation for 2 years following the end of the biennial renewal period for purposes of audit.
R Sunset Date
The Commission reviews the effectiveness of its regulations on an ongoing
basis.
Therefore,
no sunset date has been assigned.
• 3 - .
Education
16A-5613
December
31,
2009
GK Regulatory Review
Under section 5 (a) of the Regulatory Review Act
(71
P. S. § 745.5(a)), on August 27,2010,
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 shall 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 Board/Commission, the General
Assembly and the Governor of
comments,
recommendations or objections raised.
L 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, or jschulder@state.pa.us within 30 days
of publication of this proposed rulemaking. Please reference
No.
16A-5613 (Continuing Education),
when submitting comments.
Joseph Tarantino, Jr., Chairman
16A-5613
December 31,2009
Education
AN]NEXA
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PARTI. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 35. STATE REAL ESTATE COMMISSION
SttbchapterB. 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:
Accredited college—A college, university or institute of higher learning
accredited by the Middle States Commission on Higher Education or an equivalent
accrediting body.
*****
Subchapter D. LICENSING EXAMINATIONS
§
3.5.271.
Examination for broker's license,
*****
(b) The Commission will apply the following standards in determining
whether an examination candidate has met the education requirement of subsection
(a)(4);
* *
*. *
*
(3) To be counted toward the education requirement, a real estate course
[shall] must have been offered by:
16A-5613
December
31;
2009
Education
(i) An accredited college[5 university or institute of higher learning,
whether in this Commonwealth or outside this Commonwealth] as defined
in § 35,201 (relating to definitions),
*****
(iii) A real estate education provider or industry organization
outside this Commonwealth that has been approved by the real estate
licensing authority of the jurisdiction where the real estate education
provider or industry organization is located. The course transcript or
certificate of completion [shall] must state that the course is approved by
the licensing authority of the jurisdiction where the real estate education
provider or industry organization 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.]
*****
§ 35.272. Examination for salesperson's license.
*****
(b) The Commission will apply the following standards in determining whether an
examination candidate has met the education requirement of subsection (a)(2):
*****
16A-5613
December
3.1,
2009
Education
(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] and all acceptable basic real estate courses
when offered by:
(i) An accredited college[5 university or institution of higher
learning located outside this Commonwealth] as defined in § 35.201
(relating to definitions).
(ii) A real estate education provider in this Commonwealth
approved by the Commission.
(iii) A real estate education provider or industry organization
outside this Commonwealth that has been approved by the real estate
licensing authority of the jurisdiction where the real estate education
provider or industry organization is located. The course transcript or
certificate of completion must state that the.course is approved by the
licensing authority of the jurisdiction where the real estate education
provider or industry organization is located.
[(4)] {3} Courses [shall] must have been completed within 10 years prior
to the date of successful completion of the licensing examination.
16A-5613
December 31,2009
Education
*****
§ 35.273. Examination for cemetery broker's license.
T* n* •?* . *f* *r*
(b) The Commission will apply the following standards in determining whether an
examination candidate has met the education requirement of subsection (a)(3):
*****
(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] and all basic real estate courses
when offered by: • .
(i) An accredited college [, university or institute of higher learning
located outside this Commonwealth] as- defined in § 35.201 (relating to
definitions).
16A-5613
December
31,
2009
Education
(ii) A real estate education provider in this Commonwealth
approved by the Commission.
(iip A real estate education provider or industry organization
outside this Commonwealth that has been approved by the real estate
licensing authority of the jurisdiction where the real estate education
provider or industry organization is located. The course transcript or
certificate of completion must state that the course is approved by the
licensing authority of the jurisdiction where the real estate education
provider or industry organization is located. . '
[(iii)] £iY} 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] education provider in this Commonwealth
approved by the Commission.
[(5)] (3) Courses [shall] must have been completed within 10 years prior
to the date of successful completion of the licensing examination.
* * * * *
§ 35.275, Examination for rental listing referral agent's license.
. *****
(b) The Commission will apply the following standards in determining whether an
examination candidate has met the education requirement of subsection (a)(2):
*****
16A-5613
, December
31,
2009
Education
(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. 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.
(3) Credits will be allowed for] and all acceptable basic real estate courses
when offered by:
(i) An accredited college [, university or institute of higher learning
in this Commonwealth] as defined in § 35.201 (relating to definitions).
(ii) A real estate education provider in this Commonwealth
approved by the Commission.
(iii) A real estate education provider or industry organization
outside this Commonwealth that has been approved by the real estate
licensing authority of the jurisdiction where the real estate education
provider or industry organization is located. The course transcript or
certificate of completion must state that the course is approved by the
licensing authority of the jurisdiction where the real estate education
provider is located.
. . 16A-5613
December
31,
2009
Education
[(4)] 0} Courses [shall] must have been completed within 10 years prior
to the date of successful completion of the licensing examination.
*****
SubchapterF. REAL ESTATE SCHOOLS
APPROVAL. OF REAL ESTATE EDUCATION PROVIDERS
§ 35.341. Approval of real estate education provider.
A real estate education provider shall obtain the Commission's approval before
commencing operations in this Commonwealth. To obtain approval from the
Commission, the real estate education provider shall:
*****
(6) Submit a completed real estate education provider approval application to
the Commission with:
,*****
(iv) A [certificate of incorporation] copy of the registration
documentation approved by the Department of State's Corporation Bureau, if the real
estate education provider is a corporation, limited liability partnership, limited
partnership or limited liability company.
* * * * *
ADMINISTRATION OF REAL ESTATE EDUCATION PROVIDERS
§ 35,359. Course [Transcripts] Documentation.
*****
7
• 16A-5613
December
31,
2009
. Education
(b) Continuing education, [Effective with the renewal period commencing
June 1, 2004, within] Within 30 days after a continuing education course has ended, the
continuing education provider shall provide [the Commission with a roster in a format
approved by the Commission, listing] each licensee who satisfactorily completed/taught
the course [. Continuing education providers shall be required to issue course]
transcripts/certificates of instruction [to students only upon request] that contain the
information in § 35.360(a)(5)(i)-(viii) (relating to records) signed by the provider.
(1) Licensees shall retain the transcripts/certificates of instruction for 2
years following-the biennial renewal period during wiiich the courses were taken
to renew the license.
(2) Licensees shall provide a copy of the transcripts/certificates of
instruction to the Commission verifying completion of the continuing education
requirement upon request.
* * * * *
Subchapter H. CONTINUING EDUCATION
*t*
*F *f* ^f* *t*
§ 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 miaimum 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
. • . " •
16A-5613
December 31, 2009
Education
required topics. In addition, during the first biennial period that continuing education is
required, a new licensee shall complete the Commission-developed 14-hour required
course for new licensees in satisfaction of the continuing education requirement.
•%. 1* 5JC % ^C
§ 35385, Continuing education providers.
(a) The following providers may offer instruction for continuing education:
(1) An accredited college[, university of institute of higher learning
whether in this Commonwealth or outside this Commonwealth] as defined in §
35,201 (relating to definitions).
*****
(3) A real estate education provider or industry organization outside
this Commonwealth that has been approved by the real estate licensing authority
of the jurisdiction where the real estate education provider or industry
organization is located.
(b) Continuing education providers shall comply with the standards for real
estate education providers set forth in §§ 35.352(b), 35.353(a\ 35.358(a\ 35.355 and
35.359(b).
*****
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF STATE
BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS
STATE REAL ESTATE COMMISSION
Post Office Box 2649
Harrisburg, Pennsylvania 17105-2649
(717)783-3658
August 27, 2010
The Honorable Arthur Coccodrilli, Chairman
INDEPENDENT REGULATORY REVIEW COMMISSION
14th
Floor, Harristown 2, 333 Market Street
Harrisburg, Pennsylvania 17101
Re:
Proposed Regulation
State Real Estate Commission
16A-5613:
Education
Dear Chairman Coccodrilli:
Enclosed is a copy of a proposed rulemaking package of the State Real Estate Commission
pertaining to Education.
The Commission will be pleased to provide whatever information the Commission may
require during the course of its review of the rulemaking.
Sincerely,
^^g^Ss^^
"
'Joseph Tarantino, Jr., Chairman
State Real Estate Commission
JT/JPS:bac
Enclosure
cc:
Basil L. Merenda, Commissioner
Bureau of Professional and Occupational Affairs
Steven V. Turner, Chief Counsel
Department of State
Joyce McKeever, Deputy Chief Counsel
Department of State
Cynthia Montgomery, Regulatory Counsel
Department of State
Judith Pachter Schulder, Counsel
State Real Estate Commission
State Real Estate Commission
TRANSMITTAL SHEET FOR REGULATIONS SUBJECT TO THE
REGULATORY REVIEW ACT
LD.
NUMBER:
SUBJECT:
AGENCY:
16A-5613
EDUCATION
DEPARTMENT OF STATE
STATE REAL ESTATE COMMISSION
XTYPE OF REGULATION
Proposed Regulation
Final Regulation
Final Regulation with Notice of Proposed Rulemaking Omitted
120-day Emergency Certification of the Attorney General
120-day Emergency Certification of the Governor
ts>
cr>
—* PO'-S
•;
Delivery of Tolled Regulation
a. With Revisions
b.
Without Revisions
DATESIGNATURE
^IMM,
m-
^XillO
^
Capper-
XP4
2x.
FILING OF REGULATION
DESIGNATION
HOUSE COMMITTEE ON PROFESSIONAL LICENSURE
MAJORITY CHAIRMAN MirhaP1 MrRpphan
SENATE COMMITTEE ON CONSUMER PROTECTION &
PROFESSIONAL LICENSURE
MAJORITY CHAIRMAN KnWt Tnmiin^nn
INDEPENDENT REGULATORY REVIEW COMMISSION
ATTORNEY GENERAL (for Final Omitted only)
LEGISLATIVE REFERENCE BUREAU (for Proposed only)
August
11,
2010
