Section 28 specifies the requirements for prelicensure salesperson curriculum.
Section 29 repeals the out-of-state salesperson requirements.
Section 30 creates the requirements for the nonresident salesperson education equivalency.
Section 31 and 33 repeal the requirements for approval of courses taken for academic credit and the noncredit programs.
Section 32 creates the approval process for pre-licensure education programs or courses. The school or organization is required to obtain approval at least 30 days prior to offering the course and provide specified information about the program or course as well as documentation that the instructor meets specified qualifications. Any substantive changes made after approval has been obtained would require notification to the board. A school or organization is required to provide a certificate of completion to the student and maintain records for at least 5 years.
Section 34 removes the outdated reference to continuing education examination.
Section 35 repeals a note which is no longer necessary due to this rule change.
Section 36 specifies a person is required to satisfy the continuing education requirement during the biennium in which the license is received unless the person receives an original salesperson’s license after October 1 in an even year.
Section 37 is repealed due to being obsolete provisions.
Section 38 is amended to clarify the sentence relating to receiving credit for teaching a course.
Section 39 removes the provision relating to the obsolete continuing education examination.
Section 40 creates a provision for a licensee to maintain continuing education records.
Section 41 repeals the requirements for approval of continuing education schools, courses and instructors.
Section 42 creates the approval process of continuing education programs or courses. The school or organization is required to obtain approval at least 30 days prior to offering the course and provide specified information about the program or course as well as documentation that the instructor meets specified qualifications. Any substantive changes made after approval has been obtained would require notification to the board. A school or organization is required to provide a certificate of completion to the student and maintain records for at least 5 years.
Section 43 repeals the sections relating to certification of attendance at pre-licensure and continuing education programs, continuing education examination and investigation and review of programs.
Section 44 creates a section indicating the board may deny or withdraw approval of a program or course.
Section 45 has an initial applicability of January 1, 2016 for the education content and approval requirements.
Section 46 has an effective date of the first day of the month following publication.
Summary of, and comparison with, existing or proposed federal regulation: None
Comparison with rules in adjacent states:
Illinois: Illinois requires an applicant for a broker’s license to be at least 21 years of age, graduated from high school or equivalent, complete 120 credit hours of specified education or be admitted to practice law in Illinois and pass an examination. An applicant for a managing broker’s license is required to be at least 21 years of age, graduated from high school or equivalent, complete 165 credit hours of specified education or be admitted to practice law in Illinois, be actively licensed for 2 of the last 3 years and pass an examination. An out of state applicant who holds a license in a state with standards substantially equivalent to Illinois is required to take a Illinois specific real estate brokerage laws exam. Illinois brokers are required to complete 12 hours of continuing education and managing brokers are required to complete 6 hours of continuing education and a 12 hours broker management continuing education course. Illinois approves school with curriculum which conforms to the requirements, have instructors with a valid instructor’s license, administer a final course exam and maintain student records for a period of 5 years.
Iowa: Iowa requires an applicant for a salesperson’s license to complete 96 hours of specified education and pass an examination. An applicant for a broker’s license is required to complete 72 hours of education in addition to the required salesperson’s education, have engaged in real estate practice for a period of at least 24 months and pass an examination. An application may be denied for convictions. Iowa licensees shall complete 36 hours of continuing education approved programs, courses or activities. A licensee who fails to renew expired license within 3 years must start over in the licensing process. Iowa approves schools, courses and instructors. The school is required to provide course outlines at least 30 days prior to the first offering, have no more than 8 hours of instruction per day, maintain records for a period of five years and issue certificates of attendance. Instructors must demonstrate ability to teach by meeting specific requirements and demonstrate in-depth knowledge of subject matter by meeting specific requirements.
Michigan: Michigan requires an applicant for a salesperson’s license to complete 40 hours of education and pass an examination. An applicant for a broker’s license must complete 90 hours of education (a law degree counts towards 60 hours of education and a master’s degree in business administration counts as 60 hours of education), have real estate experience and pass an examination. Schools or sponsors of education shall obtain pre-approval. Instructors are approved as determined by the department.
Minnesota: Minnesota requires an applicant for salesperson to complete 30 hours of instruction prior to passing an examination and then additional 60 hours of education after passing the examination. An applicant for a broker’s license is required to complete 30 hours of education and 3 years of experience as a licensed salesperson. Minnesota requires schools to be approved and specify required curriculum content.
Summary of factual data and analytical methodologies:
The Council on Real Estate Curriculum and Examinations made curriculum revision recommendations to the Board based on current law and practices. The Board updated the rules based on 2013 Acts 133 and 288 as well as changes in the profession. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
This rule was posted for 14 days for economic comments and none were received. The Board determines that the modification of existing rules relating to applications and education does not create an effect on small business nor have an economic impact.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Eric.Esser@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at Sharon.Henes@wisconsin.gov. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. REEB 12.01(1)(a), (b), (c), (e), and (f) are renumbered to REEB 12.01 (1), (2), (3), (4), and (5).
Section 2. REEB 12.01(2)(a) and (b) are renumbered to REEB 12.01 (6) and (7).
Section 3. REEB 12.011 is created to read:
REEB 12.011 Criminal conviction predetermination. (1) An individual who does not possess a broker’s or salesperson’s license or a time-share salesperson’s certificate may apply to the board, without submitting a full application and payment of application fee, 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:
(a) An application for predetermination.
(b) Police report.
(c) Criminal complaint.
(d) Judgment of conviction and sentencing.
(e) Verification of compliance or completion with the terms of the sentencing.
(f) Personal statement describing the facts that led to each offense and any rehabilitation completed.
(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. (3) The board shall review the information related to the conviction and consider all of the following factors in making a determination:
(a) The severity and nature of the conviction.
(b) The amount of time that has elapsed.
(c) The number or pattern of convictions or other similar incidents that gave rise to the conviction.
