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09.11.01.11 - Real Estate Commission - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 39, ISSUE 23,
FRIDAY, NOVEMBER 16, 2012

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

09.11.01 General Regulations

Authority: Business Occupations and Professions Article, §§17-208, 17-303, and 17-306, Annotated Code of Maryland

Notice of Proposed Action
[12-308-P]

The Real Estate Commission proposes to amend Regulation .11 under COMAR 09.11.01 General Regulations. This action was considered by the Real Estate Commission at a public meeting held on September 26, 2012, notice of which was given by publication in 39:17 Md. R. 1180 (August 24, 2012), pursuant to State Government Article, §10-506(c)(1), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to delete two provisions of the regulation that are outdated, and to add a requirement that applicants successfully complete the real estate salesperson‘s examination within 1 year of completing the prelicensing course. If the applicant does not take or pass the examination within that time, the applicant must complete another prelicensing course. There are specific time provisions for those who complete the course prior to March 1, 2013.

This requirement will insure that applicants have current information in the areas covered by the prelicensing course before they begin providing real estate brokerage services.

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 who does not pass the real estate salesperson‘s licensing examination within 1 year of completing a prelicensing course will be required to take a new course. The cost of that course ranges from $99 to $250.

 
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

E. On other industries or trade groups: NONE
 
F. Direct and indirect effects on public:
  Prelicensing course cost
(+) $99 — $250 per
affected applicant
 

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

F. An applicant who does not pass the licensing examination within 1 year of completion of a prelicensing course must retake that course. The cost of a prelicensing course ranges from $99 to $250. There will be no additional costs for applicants who successfully complete the examination within the required time period.

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 N. Calvert Street, 3rd 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 December 17, 2012. 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 January 16, 2012, at 10:30 a.m., at 500 N. Calvert Street, 3rd Floor, Baltimore, MD 21202.

.11 Instruction in Real Estate Principles and Practices for Salespersons.
A. (text unchanged)
B. The minimum 60 clock-hour educational requirement [effective
October 1, 1998,] for a salesperson [,] shall embrace the following
areas of study:
(1) — (15) (text unchanged)
C. — F. (text unchanged)
[G.] (proposed for repeal)
G. Completion of Examination.
     (1) Subject to §G(2) and (3) of this regulation, an applicant for a salesperson’s license shall have 1 year from completion of a prelicensing education course to pass both portions of the salesperson licensing examination. An applicant who does not pass both portions of the licensing examination within 1 year of the course completion date must complete a new prelicensing course in order to be eligible to take or retake the examination.
     (2) An applicant who has completed a prelicensing course more than 1 year prior to March 1, 2013, must pass both portions of the salesperson licensing examination no later than August 31, 2013, in order to avoid the need to complete a new prelicensing course.
     (3) An applicant who has completed a prelicensing course less than 1 year prior to March 1, 2013, must pass both portions of the salesperson licensing examination within 1 year of the course completion date to avoid the need to complete a new prelicensing course.

J. NICHOLAS D‘AMBROSIA
Chairman
Real Estate Commission