4182948 Consumer and Regulatory Affairs, Department of - Continuing education requirements for real estate professional licensees

DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the Department of Consumer and Regulatory Affairs, pursuant to the authority set forth in D.C. Official Code § 47-2853.10 (a)(12)(2005 Repl.), Mayor’s Order 2000-70, dated May 2, 2000, and Mayor’s Order 2009-11, dated February 2, 2009, hereby gives notice of the intent to adopt, in not less than thirty (30) days from the date of publication of this notice in the D.C. Register, amendments to Title 17 (Business, Occupations and Professions), Chapter 26 (Real Estate Licenses) and Chapter 27 (Real Estate Practice and Hearings) of the District of Columbia Municipal Regulations.

 

This proposed rulemaking would amend the continuing education requirements for individuals seeking to renew an inactive license or reinstate an expired, suspended, or revoked license to practice as a real estate broker, real estate salesperson, or property manager; repeal a restriction on the use of nicknames in advertisements; allow for the Real Estate Commission’s approval of distance learning courses for pre-license education and mandatory continuing education requirements; address cheating by applicants on examinations; and correct the stated amount of the maximum assessment for the Real Estate Guaranty and Education Fund.

 

Title 17, BUSINESS, OCCUPATIONS AND PROFESSIONS, of the District of Columbia Municipal Regulations (DCMR) is amended as follows:

 

Chapter 26, REAL ESTATE LICENSES, is amended as follows:

 

Section 2602, LICENSURE OF REAL ESTATE SALESPERSONS, is amended by adding a new Subsection 2602.7 to read as follows:

 

2602.7             An applicant may satisfy the pre-license education requirements by taking distance learning courses that have been approved by the Commission pursuant to § 2606.14 of this chapter.

 

Section 2604, REGISTRATION AND CERTIFICATION OF RESIDENT PROPERTY MANAGER [REPEALED], is amended to read as follows:

 

2604                CHEATING ON AN EXAMINATION

 

2604.1             No person shall cheat or assist another in cheating on an examination required by the Act or rules promulgated pursuant thereto.

 

2604.2             As used in this section, “cheating” includes, but is not limited to, the following:

 

(a)        Communication relating to the examination between applicants inside or outside of an examination room or copying another applicant’s answers while an examination is in progress;

(b)        Communication relating to an examination with others outside of an examination room while the examination is in progress;

 

(c)        Substitution by an applicant of another person to sit in an examination room in the applicant’s place; and

 

(d)       Use of crib sheets, text books, or other materials not authorized by a board inside or outside an examination room while an examination is in progress.

 

2604.3             If a person designated to proctor an examination suspects that an applicant is cheating or has cheated on the examination, the person shall do the following:

 

(a)        If necessary, seat the applicant in a segregated location for the remainder of the examination;

 

(b)        Keep a record of the applicant’s seat location and identification number, and the names and identification numbers of the applicants on either side of the applicant;

 

(c)        Confiscate any materials or devices that are suspected of being used by the applicant to cheat on the examination;

 

(d)       Permit the applicant to complete the examination; and

 

(e)        Notify the testing service, the Commission, and the Director that the applicant is suspected of cheating and provide the Commission with a copy of the examination booklet and any evidence obtained by the person proctoring the examination.

 

2604.4             If the Commission has cause to believe that an applicant has cheated or has failed to comply with an instruction of a proctor given pursuant to § 2604.3, it may propose to deny a license, impose a civil fine, or take other actions in accordance with the Act.

 

2604.5             If the Commission determines that an applicant cheated on an examination, in addition to any other consequences, the applicant shall not be eligible to take another examination for a period of one (1) year from the date of the decision of the Commission, or other period established by the Commission in its order.

 

Section 2605, CONTINUING EDUCATION REQUIREMENTS FOR REAL ESTATE BROKERS, PROPERTY MANAGERS, AND SALESPERSONS, is amended to read as follows:

 

2605                CONTINUING EDUCATION REQUIREMENTS FOR REAL ESTATE BROKERS, PROPERTY MANAGERS, AND SALESPERSONS

 

2605.1             This section shall apply to all applicants for the renewal or reinstatement of a real estate broker, real estate salesperson, or property manager license, except those applicants seeking first renewal of a license granted by examination.

 

2605.2             A continuing education credit shall be valid only if it is part of a program or activity approved by the Commission in accordance with § 2607 of this chapter. Licensees are responsible for ensuring that continuing education courses taken to satisfy the Commission’s renewal or reinstatement requirements are Commission certified or approved.

 

2605.3             The continuing education renewal requirements of a real estate broker’s, real estate salesperson’s, or property manager’s license shall be as follows:

 

(a)        An applicant for renewal of a real estate broker’s license, a real estate salesperson’s license, or a property manager’s license shall submit proof pursuant to § 2605.6 of this section that the applicant has completed no fewer than fifteen (15) hours of acceptable continuing education credit during the two- (2-) year period preceding the date the license expires.

 

(b)        Of the fifteen (15) hours noted in Subsection (a), nine (9) hours shall consist of mandated courses with curriculums administratively established and approved by the Commission and six (6) hours will be general elective courses as approved by the Commission.

 

2605.4             A licensee applying to renew a property manager’s license who also possesses an active real estate broker’s or real estate salesperson’s license shall be considered to have satisfied the continuing education requirements for renewal of the property manager license if the licensee has satisfied the renewal requirements for the real estate broker’s or real estate salesperson’s license.

 

2605.5             Licensees who also hold equivalent licenses in another jurisdiction may, at the Commission’s discretion, substitute continuing education credit completed in the other jurisdiction for the general elective continuing education requirements under this section if the licensee earned the continuing education credit during the two- (2-) year period preceding the date that the licensee’s District license expires.

 

2605.6             An applicant shall prove completion of required continuing education credits by submitting with the application a certification of completion that includes the following:

 

(a)        The name and address of the sponsor of the program;

 

(b)        The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

 

(c)        The dates on which the applicant attended the program;

 

(d)       The hours of credit claimed; and

 

(e)        A verification of completion with the signature or stamp of the sponsor.

 

2605.7             An applicant for renewal of an inactive license or reinstatement of an expired, suspended or revoked real estate broker’s, real estate salesperson’s, or property manager’s license shall submit proof pursuant to § 2605.6 of this section of having completed the following continuing education credits:

 

(a)        Nine (9) hours of mandated courses with curriculums administratively established and approved by the Commission; and

 

(b)        Six (6) hours of general elective courses, as approved by the Commission, per licensing cycle that the applicant’s license was inactive, expired, revoked or suspended.

 

2605.8             An applicant for the renewal of a license who fails to submit proof of having completed the continuing education requirements by or before the expiration date may renew the license within sixty (60) days after expiration by submitting proof pursuant to § 2605.6 of this section and by paying the required late fee. Upon renewal, the Commission will deem the applicant to have possessed a valid license during the period between the expiration of the license and its renewal.

 

2605.9             If an applicant for the renewal of a license fails to submit proof of having completed required continuing education prior to the expiration date of the license within sixty (60) days after the expiration of the applicant’s license, the license shall be deemed to have lapsed on the date of expiration, and the applicant shall be required to apply for reinstatement of the expired license pursuant to § 2622 of this chapter.

 

2605.10           The Commission may grant an extension of the sixty (60) day period to renew after expiration if the applicant’s failure to submit proof of completion was for good cause. For purposes of this subsection, “good cause” includes proof of the following:

 

(a)        Serious and protracted illness of the applicant, who must submit a doctor’s statement verifying the illness;

 

(b)        The death or serious and protracted illness of a member of the applicant’s immediate family, if the death or illness resulted in the applicant’s inability to complete the continuing education requirements within the specified time. For the purposes of this subsection, the term “immediate family” means the applicant’s spouse and any parent, brother, sister, or child of the applicant and the spouse of any such parent, brother, sister, or child; or

 

(c)                Due to age (seventy (70) years of age or older), the applicant is unable to complete the requirements within the specified time.

 

Section 2606, ACCREDITATION AND CERTIFICATION OF PRE-LICENSE EDUCATION PROGRAMS, is amended by adding a new Subsection 2606.14 to read as follows:

 

2606.14           The Commission may approve distance learning courses for pre-license education that meet the requirements of § 2607.9 of this chapter.

 

Section 2607, APPROVED CONTINUING EDUCATION PROGRAMS, is amended as follows:

 

Subsection 2607.9 is amended to read as follows:

 

2607.9             Distance learning courses may be approved as follows:

 

(a)        Distance learning courses that are certified by the Association of Real Estate Licensing Law Officials (ARELLO) shall be considered for approval by the Commission under this section if they provide the Commission with appropriate documentation that ARELLO certification is in effect, that the distance learning course meets the content requirements of § 2607.8 of this section, and the course meets the following other requirements of the Commission:

 

(1)        Distance learning courses shall be in a mastery-based format defined as follows:

 

(i)         Having at least one (1) objective;

 

(ii)        Having a method for measuring student progress;

 

(iii)       Having delivery formats that are interactive, which may include computer based instruction via CD-ROM or the Internet; and

 

(iv)       Having a delivery format that does not deliver course material in a passive, text only format consisting primarily of questions similar to those found on the licensing examination;

 

(2)        Distance learning courses shall be equivalent to in-class continuous instruction and attendance formats;

 

(3)        Distance learning providers located outside the District of Columbia approved by ARELLO shall offer courses through District-based and Commission-approved distance learning providers; and

 

(4)        Secondary providers of distance learning courses shall obtain certification by ARELLO;

 

(b)        Approval under this section shall be revoked immediately should ARELLO certification be discontinued for any reason;

 

(c)        The distance learning provider shall inform the Commission immediately if ARELLO certification is discontinued for any reason; and

 

(d)       A student shall complete the distance learning course within three (3) months of the date of enrollment in the course.

 

Section 2609, APPROVED CONTINUING EDUCATION PROGRAMS, is amended as follows:

 

Subsections 2609.4, 2609.5, and 2609.6 are amended to read as follows:

 

2609.4             A real estate broker shall not advertise without disclosing the broker’s name and telephone number or the company’s name and telephone number as shown by the records of the Department of Consumer and Regulatory Affairs.

 

2609.5             A real estate broker shall not knowingly permit a real estate salesperson or associate broker to use the salesperson’s or associate broker’s name in any advertisement without the name of the brokerage company with whom the salesperson or associate broker is affiliated, and the main telephone number of the brokerage company or branch office which serves as the salesperson’s or associate broker’s regular place of employment.

 

2609.6             A real estate salesperson or associate broker shall not knowingly permit the use of his or her name in any advertisement without the name of the brokerage company with whom he or she is affiliated, and the main telephone number of the brokerage company or branch office which serves as his or her regular place of employment.

 

Section 2615, ADVERTISING REQUIREMENTS, is amended as follows:

 

Subsection 2615.4 is amended to read as follows:

 

2615.4             [RESERVED].

 

Section 2622, REINSTATEMENT OF AN EXPIRED LICENSE, is amended as follows:

 

Subsection 2622.7 is amended to read as follows:

 

2622.7             An applicant for reinstatement of an expired license shall submit proof of having completed all continuing education credits required pursuant to § 2605.7 of this chapter.

 

Section 2623, REINSTATEMENT OF SUSPENDED OR REVOKED LICENSE, is amended as follows:

 

Subsection 2623.3 is amended to read as follows:

 

2623.3             An applicant shall satisfy the continuing education requirements of § 2605.7 of this chapter and shall demonstrate fitness to resume practice by submitting evidence satisfactory to the Commission that the applicant has the moral qualifications, competency, and knowledge of District and federal laws necessary to resume practice, and that the applicant’s resumption of practice will not be detrimental to the public interest or the integrity of the real estate profession.

 

Chapter 27, REAL ESTATE PRACTICE AND HEARINGS, is amended as follows:

 

Section 2704, REAL ESTATE GUARANTY AND EDUCATION FUND ASSESSMENT, is amended as follows:

 

Subsection 2704.6 is amended to read as follows:

 

2704.6             Any time the amount of the Fund falls below the minimum amount established under this section, the Commission shall assess each licensee up to fifty dollars ($50) during any license year to bring the balance of the Fund up to the minimum amount.

 

 

All persons desiring to comment on these proposed regulations should submit comments in writing to Helder Gil, Legislative Affairs Specialist, Department of Consumer and Regulatory Affairs, 1100 Fourth Street, S.W., Room 5134, Washington, D.C. 20024, or via e-mail at [e-mail], not later than thirty (30) days after publication of this notice in the D.C. Register.  Copies of the proposed rules can be obtained from the address listed above.  The agency can be reached by telephone at 202-442-4400. A copy fee of one dollar ($1.00) will be charged for each copy of the proposed rulemaking requested. Free copies are available on the DCRA website at dcra.dc.gov by going to the “About DCRA” tab, clicking “News Room”, and clicking on “Rulemaking.”