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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2014

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24 DE Admin. Code 2900
After due notice in the Delaware Register of Regulations and two Delaware newspapers, a public hearing was held on April 10, 2014 at a scheduled meeting of the Delaware Real Estate Commission (“the Commission”) to receive comments regarding proposed amendments to the Commission’s rules and regulations. The Commission has proposed a new Rule 13.1.3 to state that Modules 1 – 6 automatically qualify for Module 7 credit. The Commission has also proposed an amendment to Rule 13.0 to add a new Rule 13.2.1.4 to clarify the CE hours required where an individual has been licensed for at least eighteen months but less than twenty-four months.
The proposed changes to the rules and regulations were published in the Register of Regulations, Volume 17, Issue 7, on January 1, 2014. Notice of the rescheduled hearing was published in the Register of Regulations, Volume 17, Issue 9, on March 1, 2014. Notice of the April 10, 2014 hearing was published in the News Journal (Exhibit 1) and the Delaware State News. Exhibit 2. Pursuant to 29 Del.C. §10118(a), the date to receive final written comments was April 25, 2014, 15 days following the public hearing. The Commission deliberated on the proposed revisions at its regularly scheduled meeting on May 8, 2014.
Commission Exhibit 1: News Journal Affidavit of Publication.
Commission Exhibit 2: Delaware State News Affidavit of Publication.
Pursuant to 24 Del.C. §2906(a)(1), the Commission has the statutory authority to promulgate rules and regulations. The proposed revisions will facilitate licensee compliance with the Commission’s continuing education standards. The Commission concludes that adoption of the Guidelines as amended advances professional standards and is in the best interest of the public.
The text of the revised Guidelines remains as published in the Delaware Register of Regulations, Volume 17, Issue 7, on January 1, 2014.
SO ORDERED this 8th day of May, 2014.
DELAWARE REAL ESTATE COMMISSION
1.1 Authority [24 Del.C. §2906(a)(1)]
1.1.1 Pursuant to 24 Del.C. §2906(a)(1), the Delaware Real Estate Commission is authorized and empowered and hereby adopts these Rules and Regulations.
1.1.2 Pursuant to the Administrative Procedure Act, 29 Del.C. Ch. 101, the Commission reserves the right to make any amendments, modifications or additions to the Rules and Regulations that, in its discretion, are necessary or desirable.
1.3 Broker's Responsibilities [24 Del.C. §§2902(a)(2), 2902(a)(11), 2919(d)]
1.3.5 The failure of any Licensee to comply with the provisions of 24 Del.C. Ch. 29 and the Commission's Rules and Regulations may also result in disciplinary action against his or her Broker's license.
3.5 Applications shall include the applicable fees as described in 24 Del.C. §2907(g) as a financial prerequisite for licensure.
5.2 In addition to meeting the requirements set forth in 29 Del.C. §2909(b), a Salesperson applicant who is seeking licensure pursuant to §2909(b)(1) shall provide a list of at least twenty sale or lease transactions completed by the applicant in a licensed capacity within the 3 years immediately preceding application. Upon approval of the Commission, the twenty transactions may include real estate services performed for an employer, while licensed, during the 3 years immediately preceding application. If the applicant, as a designated agent or team leader, has directly supervised licensees who completed the transactions, then the transactions completed by those supervised licensees may be a part of this list. The list of transactions shall be signed by the Broker(s) who supervised the transactions.
5.3 In addition to meeting the requirements set forth in 29 Del.C. §2909(c), an Associate Broker applicant shall provide a list of at least thirty sale or lease transactions completed by the applicant in a licensed capacity within the 5 years immediately preceding application. Upon approval of the Commission, the thirty transactions may include real estate services performed for an employer, while licensed, during the 5 years immediately preceding application. If the applicant, as a designated agent or team leader, has directly supervised licensees who completed the transactions, then the transactions completed by those supervised licensees may be a part of this list. The list of transactions shall be signed by the Broker(s) who supervised the transactions.
5.4 In addition to meeting the requirements set forth in 29 Del.C. §2909(d), a Broker applicant shall also meet the requirements of Rules 4.3 and 5.3.
6.0 Escrow Accounts [24 Del.C. §2923]
8.2 Buyer Agency Agreements [24 Del.C. §2930(a)]
8.4 Advertising [24 Del.C. §§2906(a)(1), 2912(a)]
8.4.3 A Licensee who violates the advertising rules may be in violation of one or more of the provisions set forth in 24 Del.C. §2912(a) and subject to the disciplinary sanctions set forth in 24 Del.C. §2914.
8.5 Office Permits [24 Del.C. §2919]
9.8 Radon Disclosure [6 Del.C. §2572A]
10.0 Open Houses [24 Del. C. §2901(a)]
13.0 Continuing Education [24 Del.C. §§2909(a)(7), 2910(d)]
13.2.1.45 Twenty-one (21) hours of continuing education are required after twenty-four months of licensure, consisting of: the twelve (12) hours of CE set forth in Rule 13.1.2, three (3) hours in agency and fair housing (Module 1), three (3) hours in legislative issues (Module 5) and three (3) hours in practices of real estate (Module 6).
15.1.42 Theft. 11 Del.C. §841
15.1.98 Profiteering. 11 Del.C. §1212
15.1.140 Drug paraphernalia; felony. 16 Del.C. §4771 (b) and (c) [manufacture and sale, delivery to a minor]
Last Updated: December 31 1969 19:00:00.
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