Register February 2017 No. 734
Chapter REEB 12
APPLICATIONS
REEB 12.005   Authority.
REEB 12.01   Applications.
REEB 12.011   Criminal conviction predetermination.
REEB 12.013   Salesperson application requirements.
REEB 12.017   Broker application requirements.
REEB 12.025   Examinations.
REEB 12.04   Renewal and reinstatement.
Ch. REEB 12 Note Note: Chapter REB 2 as it existed on April 30, 1972 was repealed and a new chapter REB 2 was created, Register, April, 1972, No. 196, effective May 1, 1972. Renumbered to be chapter RL 12, effective March 1, 1983. Chapter RL 12 was renumbered chapter REEB 12 under s. 13.92 (4) (b) 1., Stats., Register November 2011 No. 671.
REEB 12.005 REEB 12.005Authority. The rules in this chapter are adopted pursuant to ss. 227.11 (2), 440.05, 440.06, 440.07, 440.08, 452.07, 452.09, 452.10, 452.11 and 452.12, Stats.
REEB 12.005 History History: Cr. Register, July, 1998, No. 511, eff. 8-1-98.
REEB 12.01 REEB 12.01Applications.
REEB 12.01(1) (1)Forms. Applications for licenses and accompanying documents required by the provisions of ch. 452, Stats., and the rules of the board shall be made on forms provided by the department.
REEB 12.01(2) (2)Action on completed applications. The board shall review and make a determination on an original application for a license within 60 business days after a completed application is received by the department. An application is completed when all materials necessary to make a determination on the application and all materials requested by the board have been received.
REEB 12.01(3) (3)Verification.
REEB 12.01(3)(a)(a) Individuals. All applications for a license as an individual shall be affirmed or verified by the applicant.
REEB 12.01(3)(b) (b) Business entities. Applications for a license made by a business entity must be verified by a business representative of the business entity.
REEB 12.01 Note Note: Applications are available upon request to the department offices located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935; phone (608) 266-1212 or available for download on the department webpage: http://dsps.wi.gov/LIcenses-Permits/Credentialing/Business-Professions/.
REEB 12.01(4) (4)Fees prepaid. No action shall be taken on any application until the prescribed fees are paid and deposited at the office of the department.
REEB 12.01(5) (5)Previously licensed brokers and salespersons. No action shall be taken on any new application of an applicant who has previously been licensed by the board until the applicant furnishes sufficient proof to the board that the applicant has not acted as a salesperson or broker since the expiration of his or her license. The board may in its discretion waive this requirement.
REEB 12.01(6) (6)New applications; non-resident brokers and salespersons. No application for a real estate broker's or salesperson's license from any person not a resident of the state of Wisconsin may be processed prior to receipt by the department of an irrevocable consent to be sued as specified in s. 452.11, Stats.
REEB 12.01(7) (7)New applications; minors. No action shall be taken on any new application for a broker's or salesperson's license received from any applicant unless said applicant is a person of the age of 18 years or over.
REEB 12.01 History History: Cr. Register, April, 1972, No. 196, eff. 5-1-72; am. (2) (b), Register, July, 1972, No. 199, eff. 8-1-72; renum. from REB 2.01, r. (1) (b), renum. (1) (c) and (d) to be (1) (b) and (c), Register, February, 1981, No. 302, eff. 3-1-81; renum. from REB 2.02 and am. (1) (a), (c) 2., (e) and (f) and (2), Register, February, 1983, No. 326, eff. 3-1-83; am. (1) (a), (c) and (2) (a), r. and recr. (1) (b), Register, July, 1998, No. 511, eff. 8-1-98; correction in (1) (a), (b), (f) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 15-010: renum. (1) (a), (b), (c), (e), (f) to (1) to (5), renum. (2) (a), (b) to (1) (6) to (7), Register September 2015 No. 717, eff. 10-1-15; correction in (1) (title), (6) (title), (7) (title) under s. 13.92 (4) (b) 2., Stats., Register September 2015 No. 717.
REEB 12.011 REEB 12.011Criminal conviction predetermination.
REEB 12.011(1)(1) An individual who does not possess a broker's or salesperson's license may apply to the board, without submitting a full application for a determination of whether the individual would be disqualified from obtaining a license or certificate based upon a criminal conviction by submitting all of the following:
REEB 12.011(1)(a) (a) An application for predetermination.
REEB 12.011(1)(am) (am) A fee in the amount of $68.00.
REEB 12.011(1)(b) (b) Police report.
REEB 12.011(1)(c) (c) Criminal complaint.
REEB 12.011(1)(d) (d) Judgment of conviction and sentencing.
REEB 12.011(1)(e) (e) Verification of compliance or completion with the terms of the sentencing.
REEB 12.011(1)(f) (f) Personal statement describing the facts that led to each offense and any rehabilitation completed.
REEB 12.011(1m) (1m) The fee under sub. (1) (am) may be applied to the application fee under s. REEB 12.01 (4) if the individual applies for a real estate broker or salesperson license within 1 year of the determination decision.
REEB 12.011(2) (2) An individual who has been convicted of a felony shall meet the requirements of s. 452.25 (1) (b), Stats., prior to submitting a request for predetermination.
REEB 12.011(3) (3) The board shall review the information related to the conviction and consider all of the following factors in making a determination:
REEB 12.011(3)(a) (a) The severity and nature of the conviction.
REEB 12.011(3)(b) (b) The amount of time that has elapsed.
REEB 12.011(3)(c) (c) The number or pattern of convictions or other similar incidents that gave rise to the conviction.
REEB 12.011(3)(d) (d) The circumstances surrounding the conviction that may have a bearing on whether the individual might repeat the behavior that was the subject of the conviction.
REEB 12.011(3)(e) (e) The relationship of the conviction to real estate practice.
REEB 12.011(3)(f) (f) The individual's activities since the conviction, including employment, education, participation in treatment, payment of restitution, and any other factor that may be evidence of rehabilitation.
REEB 12.011(4) (4) The individual shall receive notification of the board's determination whether the criminal convictions would disqualify the individual from obtaining a license or certificate due to the individual's criminal record.
REEB 12.011(5) (5) The determination is binding upon the board and the department if the individual subsequently applies for license or certificate, unless there is information relevant to the determination that was not available to the board at the time of the determination.
REEB 12.011 History History: CR 15-010: cr. Register September 2015 No. 717, eff. 10-1-15; EmR1620: emerg. am. (1), cr. (1) (am), eff. 7-1-16; CR 16-042: am. (1), cr. (1) (am), (1m) Register February 2017 No. 734, eff. 3-1-17.
REEB 12.013 REEB 12.013Salesperson application requirements.
REEB 12.013(1)(1)Education requirements. Except as provided in sub. (3), each applicant for a real estate salesperson's license shall submit satisfactory evidence of any of the following:
REEB 12.013(1)(a) (a) Completion, within 4 years of licensure, of real estate salesperson's education under s. REEB 25.033 through an education program that has been approved by the board or nonresident salesperson education equivalency under s. REEB 25.038.
REEB 12.013(1)(b) (b) Completion of 10 semester hour credits in real estate or real estate law courses at an accredited institution of higher education. A quarter hour credit equals 2/3 of a semester hour credit.
REEB 12.013(2) (2)Examination requirements. Except as provided in sub. (3), each applicant shall read and write a comprehensive examination in English, testing the applicant's competency to transact the business of a real estate salesperson. The examination shall be in conformity with s. 452.09 (3), Stats.
REEB 12.013(3) (3)Reciprocity. An applicant who is licensed as a salesperson in a state or territory that has entered into a reciprocal agreement with this state shall be licensed according to the terms of the reciprocal agreement.
REEB 12.013 History History: CR 15-010: cr. Register September 2015 No. 717, eff. 10-1-15.
REEB 12.017 REEB 12.017Broker application requirements.
REEB 12.017(1)(1)Education requirements. Except as provided in sub. (4), each applicant for a real estate broker's license shall submit satisfactory evidence of any of the following:
REEB 12.017(1)(a) (a) Completion, within 4 years of broker's licensure, of a real estate broker's education program in business management under s. REEB 25.023 through an education program that has been approved by the board and evidence of any of the following:
REEB 12.017(1)(a)1. 1. Licensure as a real estate salesperson.
REEB 12.017(1)(a)2. 2. Completion of a real estate salesperson's education program under s. REEB 25.033 or completion of 10 semester hour credits in real estate or real estate related law courses from an accredited institution of higher education.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.