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Home > Agendas > 2005-2006 > P&FR > Real Estate Commission

2005-2006 Regulatory Agendas

02-039
Real Estate Commission

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

CONTACT PERSON: Carol J. Leighton

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2005-2006 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. The Commission does not plan to use consensus-based rule development in proposing any needed changes.
ANTICIPATED SCHEDULE: Within one year if needed.
AFFECTED PARTIES: Real estate licensees and the public.

CHAPTER 320: Agency/Designated Broker Responsibilities
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This Chapter sets the standards for maintaining a real estate company. Statutory changes to the trust account section will require amendments to adopt standards for electronic records. In addition, adoption of a record schedule and format for other types of brokerage records will be necessary to comply with recent statutory changes. The Commission does not plan to use consensus-based rule development in proposing any changes.
ANTICIPATED SCHEDULE: Within one year, if needed.
AFFECTED PARTIES: Real estate licensees and the public.

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 to the Commission to amend the Chapter to ensure that the standards remain current and appropriate to protect the public In addition, recently enacted legislation will require amendments to several sections of Chapter 330 to identify agent-level duties and transaction broker duties. The Commission does not plan to use consensus-based rule development in proposing any changes.
ANTICIPATED SCHEDULE: Within one year, if needed.
AFFECTED PARTIES: Real estate licensees and the public.

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. The Commission does not plan to use consensus-based rule development in proposing any changes.
ANTICIPATED SCHEDULE: Within one year, if needed.
AFFECTED PARTIES: Real estate licensees and complainants.

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. The Commission does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one year, if needed.
AFFECTED PARTIES: Real estate licensees and hearing participants.

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. In addition, recently enacted legislation will require amendments to the sales agent and associate broker level license qualifications. The Commission does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one year, if needed.
AFFECTED PARTIES: Real estate license applicants and course providers.

CHAPTER 370: Continuing Education
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This Chapter sets the guidelines for review and approval of continuing education courses. Change may be required to comply with the OLR’s continuing education audit rule. 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 qualify educational programs. Recently enacted legislation to increase the number of required clock hours may also require changes to some of the continuing education standards. The Commission does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one year, if needed.
AFFECTED PARTIES: Real estate licensees and continuing education providers.

CHAPTER 390: Licensing Procedures and Requirements
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This chapter provides information regarding examinations and explains the procedure for filing various license applications. Recently enacted legislation will require amending the examination sections of Chapter 390 to comply with the statutory changes. In addition, changes to Chapter 360 to implement changes in the qualifications for licensure may require corresponding changes to Chapter 390. The Commission does not plan to use consensus-based rule development in proposing changes.
ANTICIPAED SCHEDULE: Within one year, if needed.
AFFECTED PARTIES: Real estate licensees, license applicants and course providers.