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Home > Agendas > 2007-2008 > P&FR > Real Estate Commission

2007-2008 Regulatory Agendas

02-039
Real Estate Commission

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

CONTACT PERSON: Carol J. Leighton. P&FR – OLR, 35 State House Station, Augusta, ME 04333-0035. Tel.: (207) 624-8520. E-mail: carol.j.leighton@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 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: 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 Commission complaints are not typically filed under oath and the reference to filing a complaint under oath may be repealed.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. 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. 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. 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, license applicants and course providers

CHAPTER 400: Agency/Designated Broker Responsibilities
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This chapter details requirements of maintaining a real estate brokerage agency and establishes the specific supervisory responsibilities of the designated broker. Chapter 400 replaces the former Chapter 320 effective July 1, 2006. Amendments to the recently adopted rules may be necessary to clarify the rule.
ANTICIPATED SCHEDULE: Within one year, if needed
AFFECTED PARTIES: Real estate companies, designated brokers, licensee and the public

CHAPTER 410: Minimum Standards of Practice
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This chapter clarifies and establishes standards for practicing real estate brokerage. Chapter 410 replaces the former Chapter 330 effective July 1, 2006. Amendments to the recently adopted rules may be necessary to clarify the rule.
ANTICIPATED SCHEDULE: Within one year, if needed
AFFECTED PARTIES: Real estate licensee and the public