b) The sponsoring broker shall be responsible for issuing sponsor cards. However, the sponsoring broker may delegate that responsibility to one or more managing brokers.
c) Upon written request within 15 days after the loss of a managing broker, OBRE shall issue a written authorization to allow the continuing operation of a licensed office or branch office, provided that the sponsoring broker or representative under a duly executed power of attorney assumes responsibility, in writing, for the operation of the office and agrees to personally supervise the operations. No authorization shall be valid for more than 60 days unless extended by OBRE for good cause and upon written request by the sponsoring broker. Good cause includes circumstances as sales under contract pending closing, loss of livelihood for sales associates, and undue hardship caused to sellers.
d) When a managing broker receives a renewal application from OBRE for a licensee supervised by the managing broker or employed by the sponsoring broker of the manager, he shall notify the licensee of the receipt, personally within 7 days or by certified or registered mail or other signature restricted delivery service within 10 days. The notice shall also inform the licensee that any unprocessed renewal form will be returned to OBRE by the manager broker. When a managing broker receives a renewal application from OBRE for a licensee not supervised by the managing broker or employed by the sponsoring broker of the managing broker, the renewal form shall immediately be returned to OBRE.
e) All managing brokers shall notify OBRE on business letterhead of any change of business address of the offices they manage within 24 hours of any change. Change of address is required for all offices and branch offices. A license returned to OBRE for the reason described in this subsection shall remain in good standing until the new licenses are issued and in the possession of the licensee.
f) OBRE will honor the Order of a court of competent jurisdiction appointing a legal representative for the sole purpose of closing out the affairs of a deceased broker or a broker who has been adjudicated disabled, who was a sole proprietor, until the real estate brokerage is closed but not to actively engage in the brokerage business as defined in Section 1-10 of the Act.
Section 1450.130 Supervision
a) A managing broker shall exercise reasonable supervision over the activities of licensees and unlicensed assistants working in those offices managed by the managing broker. This would include:
1) the implementation of office policies and procedures established by the sponsoring broker;
2) training of licensees or unlicensed assistants;
3) assisting licensees as necessary in real estate transactions;
4) supervising those special (escrow) accounts over which the sponsoring broker has delegated responsibility to the managing broker in order to ensure compliance with the special (escrow) account provisions of the Act and this Part;
5) supervising all advertising of any service for which a license is required;
6) familiarizing sponsored licensees with the requirements of federal and state laws relating to the practice of real estate; and
7) compliance with this Part for licensees and offices under his/her supervision.
b) The sponsoring broker shall remain ultimately responsible for compliance with this Part. The sponsoring broker shall name a managing broker for every office.
Iowa Administrative Code-IAC Real Estate Commission [193E]
193E—7.10(543B) Agency-designated broker responsibilities. The following conditions and circumstances, together with the education and experience of licensed and unlicensed employees and independent contractors, shall be considered when determining whether or not the designated broker has met the supervisory responsibilities as set forth by Iowa Code section 543B.62, subsection (3), paragraph “b."
7.10(1) When making a determination, the commission may consider, but is not limited to consideration of, the following:
a. Availability of the designated broker/designee to assist and advise regarding brokerage related activities;
b. General knowledge of brokerage-related staff activities;
c. Availability of quality training programs and materials to licensed and unlicensed employees and independent contractors;
d. Supervisory policies and practices in the review of competitive market analysis, listing contracts, sales contracts and other contracts or information prepared for clients and customers;
e. Frequency and content of staff meetings;
f. Written company policy manuals for licensed and unlicensed employees and independent contractors;
g. Ratio of supervisors to licensed employees and independent contractors; and
h. Assignment of an experienced licensee to work with new licensees.
7.10(2) The designated broker shall disseminate, in a timely manner, to licensed employees and independent contractors all regulatory information received by the brokerage pertaining to the practice of real estate brokerage.
193E—7.11(543B) Supervision required. An employing or affiliated broker is responsible for providing supervision of any salesperson or broker associate employed by or otherwise associated with the broker as a representative of the broker. The existence of an independent contractor relationship or any other special compensation arrangement between the broker and the salesperson or broker associate shall not relieve either the broker or the salesperson or broker associate of duties, obligations or responsibilities required by law.
7.11(1) Each salesperson and broker associate shall keep the broker fully informed of all activities being conducted on behalf of the broker and any other activities that might impact the broker's responsibilities. However, the failure of the salesperson or broker associate to keep the broker fully informed shall not relieve the broker of duties, obligations or responsibilities required by law.
Michigan – Administrative Rules
R 339.22310 Supervision.
Rule 310. A broker or associate broker shall supervise the work of a licensee. Supervision shall include, at a minimum, all of the following:
(a) Direct communication in person or by radio, telephone, or electronic communication on a regular basis.
(b) Review of the practice of the supervised licensee.
(c) Review of the supervised licensee's reports.
(d) Analyses and guidance of the licensee's performance in regulated activities.
(e) Provision of written operating policies and procedures.
Indiana Administrative Code
876 IAC 1-1-3 Definitions.
Authority: IC 25-34.1-2-5/ IC 25-34.1-2-5.1
Affected: IC 25-34.1-3-2; IC 25-34.1-5
Sec. 3. (a) The definitions in this section apply throughout this title.
(i) “Principal broker" means the individual broker, including the broker designated as representative of a corporation or partnership whom the commission shall hold responsible for the actions of licensees who are assigned to the principal broker.
876 IAC 1-1-18 Supervision of office by licensed broker; branch offices; notice by principal broker.
Authority: IC 25-34.1-2-5
Affected: IC 25-34.1-3-3.1; IC 25-34.1-3-4.1
Sec. 18. Every real estate office or real estate branch office whether operated as a corporation, partnership, or sole proprietorship, shall be directed, supervised, and managed by a licensed real estate broker. The office or branch office shall constitute the managing broker's principal and sole place of real estate business. Said managing broker may be the principal broker in cases where there is only one office. The principal broker must submit to the commission a Branch Office Registration Form prior to the opening of any branch office. Said principal broker shall notify the commission when any licensee associated with said principal broker transfers from one branch office to another branch office within the same association. (Indiana Real Estate Commission; Rule 19; filed Sep 28, 1977, 4:30 pm: Rules and Regs. 1978, p. 799; filed Mar 13, 1980, 2:30 pm: 3 IR 647; filed Dec 11, 1986, 10:40 am: 10 IR 877; readopted filed Jun 29, 29, 2001, 9:56 a.m.: 24 IR 3824)
Anticipated costs incurred by private sector
None.
Effect on small business
These proposed rules will be reviewed by the department through its small business review advisory committee to determine whether there will be a significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Agency contact person
Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708-8935. Phone: 608-266-0495. E-mail address:
pamela.haack@drl.state.wi.us.
Fiscal estimate
The Department of Regulation and Licensing will incur $500 in costs for staff to print and distribute the rule change.
Copies of this rule are available without cost by making a request to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708-8935, telephone number 608-266-0495, e-mail address:
pamela.haack@drl.state.wi.us.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of ch.
Trans 276, Wis. Adm. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways.
Hearing Information
Date: December 1, 2004
Time: 11:00 a.m.
Location: Transportation District 5
3550 Mormon Coulee Road
Mississippi Conference Room
LaCrosse, Wisconsin
(Parking is available for persons with disabilities)
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Analysis Prepared by the Department of Transportation
In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
• No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
• No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
• No state may limit the length of truck tractors.
• No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
• No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted §
348.07(4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in §
348.07(4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
This rule amends s.
Trans 276.07 (6) and creates s.
Trans 276.07 (31g), Wis. Adm. Code, to add four segments of highway to the designated highway system established under s.
348.07 (4), Stats. The actual highway segments that this rule adds to the designated highway system are:
Hwy. From To
STH 27 STH 171 at Mt. Sterling USH 14 S. of
Viroqua
CTH S CTH B 7258 CTH S
CTH B USH 53 CTH S
CTH P USH 2 CTH B
The long trucks to which this rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this rule will be to extend the provisions of s.
348.07 (2)(f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
Note: 1 The rule text often achieves these objectives by consolidating individual segments into contiguous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.
Note: 2 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
