§ 35.273. Examination for cemetery broker’s license.

 (a)  An individual who wants to take the salesperson’s examination for the purpose of obtaining a standard cemetery broker’s license shall:

   (1)  Be 21 years of age or older.

   (2)  Have worked at least 3 years as a licensed salesperson or cemetery salesperson, with experience qualifications that the Commission considers adequate for practice as a cemetery broker, or possess at least 3 years of other experience, education, or both, that the Commission considers the equivalent of 3 years’ experience as a licensed salesperson or cemetery salesperson.

   (3)  Have successfully completed four credits, or 60 hours of instruction, in basic real estate courses as determined by the Commission under subsection (b).

   (4)  Submit a completed examination application to the Commission or its designee with:

     (i)   Official transcripts evidencing the acquisition of degrees or course credits.

     (ii)   A detailed resume of real estate activities performed by the candidate while working as a salesperson or cemetery salesperson, and a sworn statement from the candidate’s employing broker confirming that these activities were performed if the candidate is a licensed salesperson or cemetery salesperson.

     (iii)   A complete description of work experience and education that the candidate considers relevant to the requirements of paragraph (2) if the candidate is not a licensed salesperson or cemetery salesperson.

     (iv)   The fee for review of the candidate’s qualifications to take the examination prescribed in §  35.203 (relating to fees) and the fee for administration of the examination.

 (b)  The Commission will apply the following standards in determining whether an examination candidate has met the education requirements of subsection (a)(3):

   (1)  A candidate who has obtained one of the following degrees will be deemed to have met the education requirement and will not be required to show completion of course work in specific areas of study:

     (i)   A bachelor’s degree with a major in real estate from an accredited college, university or institute of higher learning.

     (ii)   A bachelor’s degree from an accredited college, university or institute of higher learning, having completed course work equivalent to a major in real estate.

     (iii)   A juris doctor degree from an accredited law school.

   (2)  Credits will be allowed for each of the Commission-developed real estate courses—Real Estate Fundamentals and Real Estate Practice—when offered by:

     (i)   An accredited college, university or institute of higher learning in this Commonwealth.

     (ii)   A real estate education provider approved by the Commission in this Commonwealth.

   (3)  Credits will be allowed for cemetery courses when offered by:

     (i)   An accredited college, university or institute of higher learning in this Commonwealth.

     (ii)   A real estate education provider in this Commonwealth approved by the Commission.

   (4)  Credits will be allowed for acceptable basic real estate courses when offered by:

     (i)   An accredited college, university or institute of higher learning located outside this Commonwealth.

     (ii)   A real estate education provider outside this Commonwealth that has been approved by the real estate licensing authority of the jurisdiction where the real estate education provider is located.

     (iii)   A cemetery association outside this Commonwealth, if the course taught by the cemetery association is equivalent to a course taught by a real estate school in this Commonwealth approved by the Commission.

   (5)  Courses shall have been completed within 10 years prior to the date of successful completion of the licensing examination.

 (c)  A reciprocal licensee who is converting a reciprocal license to a standard cemetery broker’s license is exempt from subsection (a) and is only required to pass the state portion of the examination.

   The provisions of this §  35.273 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

   The provisions of this §  35.273 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended September 3, 2004, effective September 4, 2004, 34 Pa.B. 4883; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (308339) to (308341).

   This section cited in 49 Pa. Code §  35.224 (relating to licensure as cemetery broker).