(c) The number or pattern of convictions or other similar incidents that gave rise to the conviction.
(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.
(e) The relationship of the conviction to real estate practice.
(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.
(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.
(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.
Section 4. REEB 12.013 is created to read:
REEB 12.013 Salesperson application requirements. (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:
(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. (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.
(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. (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.
Section 5. REEB 12.015 is repealed.
Section 6. REEB 12.017 is created to read:
REEB 12.017 Broker application requirements. (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:
(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: 1. Licensure as a real estate salesperson.
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. (b) Completion of nonresident broker equivalency under s. REEB 25.028. (c) Completion of 20 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.
(d) The applicant is licensed to practice law in this state.
(2) Examination requirements. Except as provided in sub. (4), each applicant for a real estate broker’s license shall read and write a comprehensive examination in English, testing the applicant’s competency to transact the business of a real estate broker. The examination shall be in conformity with s. 452.09(3), Stats. (3) Experience requirements. Except as provided in sub. (4), (a) Each applicant for a real estate broker’s license shall submit evidence satisfactory to the board that the applicant has practiced as a licensed salesperson under the direct supervision of a licensed broker for at least 2 years within the last 4 years preceding the date of application, excluding any time the applicant spent in an apprenticeship. Except as provided in pars. (b) to (d), the evidence shall demonstrate that the applicant’s experience as a licensed salesperson qualifies the applicant for a total of at least 40 points based on the following point system:
1. Each completed or closed residential transaction is worth 5 points.
2. Each completed or closed commercial transaction is worth 10 points.
3. Each property management contract is worth 0.5 points per month.
4. Each completed or closed time share is worth one point.
(b) An applicant who is licensed to practice law in this state may satisfy the requirement under par. (a) by submitting to the board any of the following:
1. Evidence satisfactory to the board that the applicant has experience related to real estate.
2. Evidence that the applicant has at least one year experience as a licensed salesperson under the direct supervision of a licensed broker that qualifies the applicant for a total of at least 20 points based upon the point system in par. (a) 1 to 4.
(c) An applicant who holds a current certificate of financial responsibility under s. 101.654, Stats., may satisfy the requirement under par. (a) by submitting to the board any of the following: 1. Evidence satisfactory to the board that the applicant has experience related to real estate sales.
2. Evidence that the applicant has at least one year experience as a licensed salesperson under the direct supervision of a licensed broker that qualifies the applicant for a total of at least 20 points based upon the point system in par. (a) 1 to 4.
(d) A nonresident applicant may satisfy the requirement under par. (a) by submitting to the board evidence satisfactory to the board that the applicant has been a licensed broker under the laws of another state for at least 2 years within the last 4 years preceding the date of the applicant’s application.
(4) Reciprocity. An applicant who is licensed as a broker 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.
Section 7. REEB 12.02 is repealed.
Section 8. REEB 12.025(title) is amended to read:
REEB 12.025 Review of examinations and examination results Examinations.
Section 9. REEB 12.025 (1) is repealed.
Section 10. REEB 12.025 (1m) is created to read:
REEB 12.025 (1m) Passing score. The board shall determine the level of examination performance required for minimum acceptable competence after consultation with subject matter experts who have received a representative sample of the examination questions and available candidate performance statistics. The board shall set the passing score at the point that represents minimum acceptable competence in the profession.
Section 11. REEB 12.025(2) is amended to read:
REEB 12.025(2) Reports Review. All applicants who obtain a failing grade shall receive, for facilitating further study, a report detailing the results of the applicant’s examination in the major content areas of the examination.
Section 12. REEB 12.026 is renumbered REEB 12.025(3).
Section 13. REEB 12.03 is repealed.
Section 14. REEB 12.04 (title) is amended to read:
REEB 12.04 Renewal after license expiration and reinstatement.
Section 15. REEB 12.04(1)(intro) and (a) are consolidated, renumbered REEB 12.04 (1) (a), and amended to read:
REEB 12.04(1) Renewal less than 5 years after license expiration. (a) If an applicant files an application for renewal of the applicant’s a licensee renews his or her real estate license with the department less than 5 years after the renewal date, as defined in s. 440.01 (1) (dm), Stats., the applicant licensee shall pay the applicable renewal fee and penalty late renewal fee specified in s. 440.08, Stats., and provide evidence of having satisfied the continuing education required by s. 452.12 (5), Stats., in one of the following manners: (a) The applicant shall either provide proof of having successfully completed the classroom education which was required during the biennium preceding the date of renewal of the applicant’s license, provide proof of having successfully passed the test−out examination which was administered during the biennium preceding the date of renewal of the applicant’s license, or provide proof of having successfully completed any 8 of the 15 hours of education in s. REEB 25.03 (3) (h) and the 4 hours of education in s. REEB 25.03 (3) (m), or of having successfully completed the educational program in s. REEB 25.035 (2). In this paragraph “successfully completed” means passing an examination pursuant to s. REEB 25.066 (6) (d). Section 16. REEB 12.04 (1) (c) is amended to read:
(c) The applicant licensee shall also before the next renewal date satisfy the continuing education required of all licensees during the biennium in which the applicant licensee renews his or her the license.
Section 17. REEB 12.04 (2) is repealed.
Section 18. REEB 12.04 (2m) and (3) are created to read:
REEB 12.04(2m) Renewal of license more than 5 years after license expiration. (a) General. A licensee with an expired license may not reapply for the license using the initial application process.
(b) Salesperson license. A licensee who renews a salesperson license more than 5 years after the license expiration shall submit evidence of all of the following:
1. ‘Education’. Completion of any of the following:
a. Real estate salesperson education under s. REEB 25.033 within 5 years of renewal of license. b. Ten semester hour credits in real estate or real estate law courses from an accredited institution of higher education.
c. Real estate salesperson education under s. REEB 25.038. This option only applies to a licensee who held an active license in another jurisdiction within 2 years of renewal of Wisconsin license. 2. ‘Examination’. Passage of the examination required under s. REEB 12.013(2). 3. ‘Continuing education’. Completion of the continuing education required by s. 452.12, Stats. for the biennium preceding the date of renewal of the license. A licensee completing education under subds. 1.a. and c. meets the continuing education requirement. (c) Broker license. A licensee who renews a broker license more than 5 years after the license expiration shall submit evidence of all of the following:
1. ‘Education’. Completion of any of the following:
a. Real estate business management education under s. REEB 25.023 and real estate salesperson’s education under s. REEB 25.033 within 5 years of renewal of license. The real estate salesperson education is not required if the license is currently licensed in this state as a real estate salesperson.
