Subchapter H. CONTINUING EDUCATION

§ 35.381. [Reserved].

 (a)  Condition precedent to renewal of current standard license. A broker or salesperson holding a standard license who desires to renew a current license shall, as a condition precedent to renewal, complete 14 hours of Commission-approved continuing education during the preceding license period. The continuing education shall be completed by the May 31 renewal deadline.

 (b)  Condition precedent to reactivation and renewal of noncurrent standard license. A broker or salesperson holding a standard license who desires to reactivate and renew a noncurrent license shall, as a condition precedent to reactivation and renewal, complete 14 hours of Commission-approved continuing education during the 2-year period preceding the date of submission of the reactivation application. A broker or salesperson holding a standard license may not use the same continuing education coursework to satisfy the requirements of this subsection and subsection (a).

 (c)  Exception. The continuing education requirement does not apply to reciprocal license holders or cemetery brokers, cemetery salespersons, builder-owner salespersons, timeshare salespersons, campground membership salespersons and rental listing referral agents who hold standard licenses.

 (d)  Documentation. A licensee shall provide the Commission with information necessary to establish the licensee’s compliance with this subchapter.

   The provisions of this §  35.382 issued under sections 402, 404, 404.1 and 513 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.402, 455.404, 455.404a and 455.513); 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 §  35.382 adopted July 31, 1992, effective August 1, 1992, 22 Pa.B. 3980; 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 (308365) to (308366).

 (a)  The Commission may waive all or part of the continuing education requirement of §  35.382 (relating to requirement) upon proof that the standard license holder seeking the waiver is unable to fulfill the requirement because of illness, emergency or hardship. The following are examples of situations in which hardship waivers will be granted.

   (1)  A standard license holder who seeks to renew a current license that was initially issued within 6 months of the biennial license period for which renewal is sought will be deemed eligible, on the basis of hardship, for a full waiver of the continuing education requirement.

   (2)  A standard license holder who seeks to renew a current license that was reactivated from noncurrent status within 6 months of the biennial license period for which renewal is sought will be deemed eligible, on the basis of hardship, for a full waiver of the continuing education requirement.

   (3)  A standard license holder who is a qualified continuing education instructor will be deemed eligible, for the waiver of 1 hour of continuing education for each hour of actual classroom instruction in an approved continuing education topic that the instructor is qualified to teach. Duplicate hours of instruction in the same topic during the same biennial license period will not be considered for waiver purposes.

 (b)  Requests to waive the continuing education requirement must be filed with the Commission on or before March 31 of the renewal year unless the applicant proves to the satisfaction of the Commission that it was impracticable to do so.

   The provisions of this §  35.383 issued under sections 402, 404, 404.1 and 513 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.402, 455.404, 455.404a and 455.513); 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).

 (a)  Except as provided in subsection (b), a licensee shall complete 14 hours of continuing education in acceptable courses in a minimum of 2-hour increments. A standard license holder shall satisfy the continuing education requirement by doing one of the following:

 (b)  The Commission may, for a given biennial license period and with adequate notice to standard license holders, require that all or part of the 14 hours be completed in required topics.

 (c)  Acceptable courses include the following:

   (1)  Real estate ethics.

   (2)  Laws affecting real estate.

   (3)  Real estate financing and mathematics.

   (4)  Real estate valuation and evaluation.

   (5)  Property management.

   (6)  Land use and zoning.

   (7)  Income taxation as applied to real property.

   (8)  Ad valorem tax assessment and special assessments.

   (9)  Consumer protection and disclosures.

   (10)  Agency relationships.

   (11)  Landlord-tenant laws.

   (12)  Environmental issues in real estate.

   (13)  Antitrust issues in real estate.

   (14)  Current litigation related to real estate.

   (15)  Legal instruments related to real estate transactions.

   (16)  Legalities of real estate advertising.

   (17)  Developments in building construction techniques, materials and mechanical systems.

   (18)  Real estate investment analysis.

   (19)  Management of real estate brokerage operations.

   (20)  Property development.

   (21)  Real estate securities and syndication.

   (22)  Real property exchange.

   (23)  Broker courses encompassing supervisory duties and standards of conduct and practice contained in Subchapter E (relating to standards of conduct and practice).

   (24)  Marketing promotion and advertising of real estate inventory.

   (25)  Use of technology in delivering real estate services.

 (d)  Unacceptable courses include: mechanical office and business skills; for example, typing, speed writing, preparation of advertising copy, development of sales promotional devices, word processing, calculator and computer operation and office management and related internal operations procedures that do not have a bearing on the public interest.

   The provisions of this §  35.384 issued under sections 402, 404, 404.1 and 513 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.402, 455.404, 455.404a and 455.513); 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 following providers may offer instruction for continuing education:

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

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

   (3)  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.

   The provisions of this §  35.385 issued under sections 402, 404, 404.1 and 513 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.402, 455.404, 455.404a and 455.513).

   The provisions of these § §  35.386—35.392 adopted July 31, 1992, effective August 1, 1992, 22 Pa.B. 3980; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial pages (201909) to (201911).