The DLLR website will be unavailable from about 8:00 AM ET until about 12:00 PM ET on Saturday, October 4, 2014. We apologize for the inconvenience. Thank you for your patience.

About DLLR

 

09.11.01.02 - Real Estate Commission - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 40, ISSUE 11,
FRIDAY, MAY 31, 2013

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION
Subtitle 11 REAL ESTATE COMMISSION

09.11.01 General Regulations

Authority: Business Occupations and Professions Article, ß17-208, Annotated Code of Maryland

Notice of Proposed Action
[13-150-P]

The Real Estate Commission proposes to repeal Regulation .05 and amend Regulation .14 under COMAR 09.11.01 General Regulations. This action was considered by the Commission at a public meeting held on March 20, 2013, notice of which was given in accordance with State Government Article, ß10-506(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to provide that the 3 years of experience as a real estate salesperson required by statute to qualify for the brokerís license must immediately precede the submission of the application, to make the period of licensure for waiver of the education requirement for the brokerís license the same 3-year period, to require that an applicant for a brokerís license pass both portions of the licensing examination within 1 year of completion of prelicensing education, and to phase in the 1-year requirement for those who have completed their education prior to August 31, 2013. The proposal would also delete outdated language regarding the time of applying for a license after successful completion of the brokerís examination.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. An applicant for a brokerís license who does not successfully complete the licensing examination within 1 year of completing prelicensing education must complete a new set of prelicensing education requirements in order to be eligible to take or retake the examination. The cost of a broker prelicensing course is approximately $500.

 
Revenue (R+/R-)
 
II. Types of Economic
Impact.
Expenditure
(E+/E-)
Magnitude

A. On issuing agency: NONE
 
B. On other State agencies: NONE
 
C. On local governments: NONE
Benefit (+)
Cost (-)
Magnitude

D. On regulated
industries or trade groups:
NONE
  Broker's prelicensing education course (-) Approximately $500 per applicant
 
E. On other industries or trade groups: NONE
 
F. Direct and indirect effects on public: NONE  
 

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. An applicant who does not successfully complete both portions of the broker licensing examination within 1 year of finishing a prelicensing course would have to take a new prelicensing course.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Katherine Connelly, Executive Director, Real Estate Commission, 500 North Calvert Street, Third Floor, Baltimore, MD 21202, or call 410-230-6227, or email to kconnelly@dllr.state.md.us, or fax to 410-333-0023. Comments will be accepted through July 8, 2013. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Real Estate Commission during a public meeting to be held on July 17, 2013, at 10:30 a.m., at 500 N. Calvert Street, Third Floor, Baltimore, MD 21202.

.14 Instruction in Real Estate Principles [&] and Practice for Brokers.
  A. ó E. (text unchanged)
  F. Experience Requirement for Broker. An individual who demonstrates by evidence satisfactory to the Commission active, regular, and lawful engagement in real estate practice as a licensed salesperson or broker in good standing for at least the 3 years immediately preceding submission of the application in Maryland or any other jurisdiction of the United States, District of Columbia, or United States territories may be deemed to have satisfied the 3 years experience as a salesperson required for licensure as a broker.
 
[F.] G. Waiver of Educational Requirement for Broker. An individual who demonstrates by evidence satisfactory to the Commission [that he has actively and regularly engaged] active, regular, and lawful engagement in real estate practice as a licensed real estate broker in good standing in a jurisdiction other than Maryland for at least 3 [of the 5] years immediately preceding submission of [his] the application may be deemed to have satisfied the educational requirement for broker.
  H. Licensing Examination.
    (1) Subject to ßH(2) and (3) of this regulation, an applicant for a brokerís license shall have 1 year from full completion of prelicensing education requirements to pass both portions of the broker licensing examination. An applicant who does not pass both portions of the licensing examination within 1 year of completion of the requirements shall complete a new set of prelicensing education requirements in order to be eligible to take or retake the examination.
    (2) An applicant who has fully completed prelicensing education requirements more than 1 year prior to August 31, 2013, shall pass both portions of the brokerís licensing examination no later than February 28, 2014.
    (3) An applicant who has fully completed prelicensing education requirements less than 1 year prior to August 31, 2013, shall pass both portions of the brokerís licensing examination within 1 year of completion of the requirements to avoid the need to complete a new set of prelicensing education requirements.
 
[G.] I. Application for Licensure. An applicant who has successfully completed both portions of the licensing exam shall apply for licensure within 1 year of successfully completing the exam in order for the applicantís test results to remain valid. [All applicants who have successfully completed both portions of the licensing exam more than 1 year before the effective date of this section shall apply for licensure not later than January 1, 1998.]

J. NICHOLAS DĎAMBROSIA
Chairman
Real Estate Commission