Wisconsin Legislature: Register519A

RL 25.025 (2) (a) 7. Commercial real estate broker's commission lien - s. 779.32, Stats.

SECTION 12. RL 25.025 (2) (b) and (c) are amended to read:

RL 25.025 (2) (b) Miscellaneous Wisconsin laws. Minimum of .5 hours.

(c) Review, update or more in-depth coverage of any of the contents of the 13-hour salesperson's educational course in s. RL 25.035 (2).

SECTION 13. RL 25.03 (1), (2) (title), (3) (title), (3) (intro.), (a) (intro.) and 6., (b) to (k), (L) (intro.) and 4. and (m) to (r) are amended to read:

RL 25.03 (1) GENERAL REQUIREMENTS. Each applicant for an original real estate salesperson's license shall present evidence of attendance, within 5 years before application for a license, at the 72-hour educational program in sub. (3), which has been approved by the department in accordance with this chapter s. RL 25.05 or 25.06.

(2) TEN-HOUR TEN SEMESTER-HOUR WAIVER.

(3) SALESPERSON'S 72-HOUR PRE-LICENSE PROGRAM. The 72-hour educational program for applicants for an original real estate salesperson's license shall include cover all of the following topics and, if presented as classroom education, shall be presented in no less than 72 hours:

(a) Real property. 4 hours.

6. Types of housing Mobile homes - s. 70.043, Stats.

(b) The real estate business. 1 hour.

(d) Listing agreements. 5 hours.

(e) Interests in real estate. 5. hours.

(f) Legal descriptions. 3 hours.

(g) Taxes and other liens. 2 hours.

(h) Real estate contracts. 15 hours.

(i) Title records and transfers of title. 2 hours.

(j) Real estate finance and basic math. 7 hours.

(k) Appraisal - market analysis. 5 hours.

(L) Fair housing laws. 2 hours.

4. Equal rights - s. 101.22 106.04, Stats.

(m) Ethical real estate practices. 4 hours.

(n) Leases. 2 hours.

(o) Property management. 1 hour.

(p) Land use control and development. 3 hours.

(q) Environmental concerns. 3 hours.

(r) Miscellaneous Wisconsin license laws. 5 hours.

SECTION 14. RL 25.035 (title), (1) (intro.), (a), (b), (2) (intro.) and (a) to (h) are amended to read:

RL 25.035 Satisfaction of salesperson's 72-hour program educational requirements by out-of-state applicants. (1) An applicant who has held an active real estate salesperson's license in another licensing jurisdiction within the 2-year period prior to filing an application for an original real estate salesperson's license in Wisconsin may satisfy the educational requirements of s. RL 25.03 (3) if the applicant submits evidence of all having completed one of the following:

(a) Attendance at no less than 13 hours of education the educational program in sub. (2) at a school approved by the department under s. RL 25.05 or 25.06.

(b) Attendance at 59 hours of education on some or all contents of Satisfaction of the 10 semester-hour waiver in s. RL 25.03 (3) (2), completed at any school.

(2) The content contents of the 13-hour course educational program shall include all of the following and, if presented as classroom education, shall be presented in no less than 13 hours:

(a) Contracts. Minimum of 3.5 hours.

(b) Agency. Minimum of 2 hours.

(d) Consumer protection. Minimum of 2 hours.

(e) Fair housing. Minimum of .5 hours. Wisconsin law - s. RL 24.03 (1), ss. 66.432, 106.04, Stats.

(f) Environmental factors. Minimum of 1 hour.

(g) Trust accounts and escrows. Minimum of 1.5 hours.

(h) Miscellaneous issues. Minimum of 1.5 hours.

SECTION 15. The Note following s. RL 25.05 (1) (e) is amended to read:

Note: An applicant may obtain a copy of the Application for Approval of Pre-license Credit Courses which satisfy the 72-hour and 36-requirement, Form #828, from the Wisconsin Department of Regulation and Licensing, 1400 East Washington Avenue, Room 281, P.O. Box 8935, Madison, Wisconsin 53708.

SECTION 16. RL 25.05 (3) is amended to read:

RL 25.05 (3) When approving one or more pre-license credit courses, the department shall specify the single course or combination of courses which satisfy cover either the 36 hours topics in s. RL 25.02 (2) or the 72 hours topics in s. RL 25.03 (3).

SECTION 17. RL 25.05 (6) and the Note following (6) are repealed.

SECTION 18. RL 25.06 (title), (1) (a), the Note following (1) (a), and (b) are amended to read:

RL 25.06 Requirements for approval of pre-license noncredit programs and instructors. (1) APPROVAL OF PROGRAMS. (a) A school seeking initial approval from the department of pre-license educational noncredit programs or courses shall submit its application on a form provided by the department. The approval of programs shall expire on August 15 following the date of initial approval and every August 15 thereafter. A school shall obtain approval of credit courses before the school conducts courses in the year following August 15.

Note: An applicant may obtain a copy of the Application for Approval of Pre-license Non-credit 72-hour and 36-Hour Noncredit Programs, Form #830, and the Application for Reapproval of Programs and Courses, Form #829, from the Wisconsin Department of Regulation and Licensing, 1400 East Washington Avenue, Room 281, P.O. Box 8935, Madison, Wisconsin 53708.

(b) The department may require a school seeking initial approval and reapproval of pre-license educational noncredit programs or courses to describe or furnish its organizational structure, registration policies, fee schedules, promotional materials, detailed outlines of each program or course with specific allocations of classroom hours to each topic presented as classroom education, student records system, the names and qualifications of instructors, the method of instruction, the method for evaluating instructors and a summary of evaluations conducted, and the time, date and location of each program.

SECTION 19. RL 25.06 (1) (e) is repealed and recreated to read:

RL 25.06 (1) (e) A school seeking the approval of pre-license noncredit programs or courses presented as distance education is not required to designate the number of hours of instruction; however, it shall certify to the department that it will not do all of the following:

1. Ensure that instructors approved by the department under sub. (2) are available to the students at reasonable times and by reasonable means.

2. Ensure that the distance education programs and courses will sufficiently cover the required subjects.

3. Provide reasonable oversight to ensure that students who complete the distance education program are the enrolled students.

4. Ensure that the school's distance education program and courses will provide a reasonable opportunity for student self-evaluation of mastery.

SECTION 20. RL 25.065 (5) is amended to read:

RL 25.065 (5) A person who receives an original salesperson's or broker's license during a licensing biennium, and who was not licensed as either a salesperson or broker on the first day of the biennium is not required to satisfy the continuing education requirement during the biennium in which the person becomes a licensee receives that license. However, a person who held a salesperson's license before the first day of a biennium and subsequently receives a broker's license must satisfy the continuing education requirement during the biennium in which the person receives a broker's license.

SECTION 21. RL 25.066 (1) and (4) are amended to read:

RL 25.066 (1) A school seeking initial approval from the department of the a continuing education program or a course shall submit its application on a form provided by the department. A school shall submit applications an application for approval of a continuing education programs and program or course to the department before conducting any the continuing education program or course which the department has prescribed for a licensing biennium.

(4) The department may require a school seeking initial approval and reapproval of continuing education programs and courses to describe or furnish its organizational structure, registration policies, fee schedules, promotional materials, detailed outlines of each program with specific allocations of classroom hours to each topic presented as classroom instruction, student records system, the names and qualifications of administrators and instructors, the method of instruction, a summary of evaluations conducted, information about the school's response to complaints concerning an instructor, and the time, date and location of each continuing education program.

SECTION 22. RL 25.066 (6) (b) is repealed.

SECTION 23. RL 25.066 (6) (c) to (f) are amended to read:

RL 25.066 (6) (c) A school shall submit to the department with the application for approval at least 5 15 multiple-choice questions for each hour of instruction course. The school shall clearly indicate the answer to each question and the portion of the course outline to which the question relates. The questions shall comply with reasonable standards of test development and shall relate to the substantive contents of the continuing education program or course. The questions shall be the original work of the writer and not be published. A school may only make questions available to school personnel.

(d) A school shall agree to conduct an examination at the end of each continuing education program or course. The examination shall contain at least 5 15 multiple-choice questions for each hour of instruction course. The In courses presented by classroom education, the examination shall be closed-book and the passing score shall be no less than 70%, unless the school provides substantial justification to the department for a lower score and the department approves the lower passing score.

(e) A school shall agree not to make available to students before the students take a specific examination the questions or answers to the questions. A school shall keep tests and answer sheets in a secure location at all times before and after administration of the examination, including during construction and printing.

(f) A school shall agree to inform students about the number of points of credit for each question in the examination and the passing score. It shall also provide clear instructions to students for recording their responses on the examination booklet to the questions.

SECTION 24. RL 25.066 (6) (i) is repealed.

SECTION 25. RL 25.066 (6) (j) is amended to read:

RL 25.066 (6) (j) A school may not count examination time as part of the required classroom hours required in a classroom education course.

SECTION 26. RL 25.066 (6) (k) is created to read:

RL 25.066 (6) (k) A school seeking the approval of continuing education programs and courses presented as distance education is not required to designate the number of hours of instruction; however, it shall certify to the department that it will do all of the following:

1. Ensure that instructors approved by the department under sub. (2) are available to the students at reasonable times and by reasonable means.

2. Provide a reasonable level of examination security for the examination given at the end of each distance education continuing education course.

3. Sufficiently cover the subjects specified for continuing education courses.

4. Provide reasonable oversight to ensure that the students who take the examination are the enrolled students.

5. Provide a reasonable opportunity for student self-evaluation of mastery.

SECTION 27. RL 25.07 (1) and (2) (c) 4. are amended to read:

RL 25.07 (1) ATTENDANCE REQUIREMENTS. A student shall attend all the required hours of a classroom education course and receive cover all the required contents of a classroom education course or a distance education course before a school may give a certificate of attendance to the student. In addition, for continuing education programs and courses, a student shall also satisfactorily complete the course examination administered by the school, as provided in s. RL 25.066 (6) (g) to (i) (d).

(2) (c) 4. Clearly state the number of hours the student has successfully completed both by attending the complete program or course or by passing the program or course examination in an educational program presented as classroom education.

SECTION 28. RL 25.075 (3) is amended to read:

RL 25.075 (3) The continuing education examination shall cover the subjects required for continuing education approved by the department under s. 452.05 (1) (d) and (g), Stats., and shall have no less than 5 questions for each hour of instruction required of classroom education courses in the approved continuing education program or courses.

SECTION 29. RL 25.075 (4) is repealed.

SECTION 30. RL 25.076 is repealed.

Fiscal Estimate

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

Initial Regulatory Flexibility Analysis