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02-039
Department of Professional and Financial Regulation
Real Estate Commission

2001-2002 Regulatory Agenda

UMBRELLA-UNIT NUMBER: 02-039
AGENCY NAME: Department of Professional & Financial Regulation, Office of Licensing & Registration, Real Estate Commission

CONTACT PERSON: Carol J. Leighton, 35 State House Station, Augusta, ME 04333-0035, (207) 624-8520

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2001-2002 RULE-MAKING ACTIVITY:

CHAPTER 300: General Information
STATUTORY AUTHORITY: 32 MRSA 13065
PURPOSE: This Chapter sets the guidelines for meetings and maintenance of Commission records. It may be necessary to amend the "records" section to clarify access to electronic records of other issues resulting from changes in technology.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Real estate licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 320: Agency/Designated Broker Responsibilities
STATUTORY AUTHORITY: 32 MRSA 13065
PURPOSE: This Chapter sets the standards for maintaining a real estate company. Changes in banking practices, particularly electronic records, may require changes to the trust account sections.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Real estate licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 330: Minimum Standards of Practice
STATUTORY AUTHORITY: 32 MRSA 13065
PURPOSE: This Chapter sets the minimal standards for practicing real estate brokerage. Changes in industry practice may require the Commission to amend the Chapter to ensure that the standards remain current and appropriate to protect the public. For example, the mandatory insulation disclosure rule and the requirement that licensees disclose who they are representing when contacting another licensee may be amended or repealed.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Real estate licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 340: Complaints and Investigations
STATUTORY AUTHORITY: 32 MRSA 13065
PURPOSE: This Chapter sets the guidelines for filing complaints and conducting investigations. As Commission decisions go through the appellate process, procedural issues may arise that would require the Commission to change its complaint and/or investigative process. Commission complaints are not typically filed under oath and the reference to filing a complaint under oath may be repealed.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Real estate licensees and complainants.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 350: Adjudicatory Hearings
STATUTORY AUTHORITY: 32 MRSA 13065
PURPOSE: This Chapter establishes the guidelines for adjudicatory hearings. As Commission decisions go through the appellate process, procedural issues may arise that would require the Commission to change its hearing process.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Real estate licensees and hearing participants.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 360: Prerequisites to Licensure by Individuals
STATUTORY AUTHORITY: 32 MRSA 13065
PURPOSE: This Chapter establishes the educational qualifications for licensure. Clarification of the educational options available to individuals at the different levels of licensure may be necessary. The Commission will contract for exam services within the year and it is anticipated that the number of exam questions will be amended consistent with the examination contract.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Real estate license applicants and course providers.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 370: Continuing Education
STATUTORY AUTHORITY: 32 MRSA 13065
PURPOSE: This Chapter sets the guidelines for review and approval of continuing education courses. It is anticipated that the Office of Licensing and Registration will adopt a uniform continuing education monitoring procedure that will require that the Commission repeal sections in conflict with the audit process. Changes in approved course topics may be necessary to reflect changes in the industry. In addition, changes may be necessary to ensure that course filing procedures for all types of educational programs are consistent and provide for reasonable standards to ensure the delivery of quality educational programs.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Real estate licensees and continuing education providers.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 380: Fees
STATUTORY AUTHORITY: 32 MRSA 13065
PURPOSE: This Chapter sets the fees charged for all purposes. It is anticipated that the fees for examination services will be amended consistent with the examination contract and the recording fee for continuing education sponsors will be repealed with the adoption of the continuing education audit process set by the Office of Licensing and Registration.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Real estate licensees and educational providers.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 390: Licensing Procedures and Requirements
STATUTORY AUTHORITY: 32 MRSA 13065
PURPOSE: This Chapter provides information regarding examinations and license application procedures. It is anticipated that the examination contract will require that examination procedure standards be amended or repealed consistent with the contract terms.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Real estate license applicants and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


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