An Act Regarding Qualifications for Real Estate Licensees
Maine Legislature, Session 126, LD 1071
Committee: Labor, Commerce, Research and Economic Development
Sponsors: VOLK, CUSHING, CLARK, WILLETTE, WILSON, HAMPER
Amends: 32 MRSA §13062, 32 MRSA §13065, 32 MRSA §13194, 32 MRSA §13197, 32 MRSA §13198, 32 MRSA §13199, 32 MRSA §13200

Legislative Document 
No. 1071 
H.P. 764 
House of Representatives, March 19, 2013 
An Act Regarding Qualifications for Real Estate Licensees 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative VOLK of Scarborough. 
Cosponsored by Senator CUSHING of Penobscot and 
Representatives: CLARK of Easton, WILLETTE of Mapleton, WILSON of Augusta, Senator: 
HAMPER of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §13062, sub-§1, as amended by PL 2007, c. 402, Pt. BB, §4, is 
further amended to read: 
1.  Real Estate Commission composition. The Real Estate Commission, established 
by Title 5, section 12004-A, subsection 37, consists of 4 industry members, one member 
of the real estate education field and 2 one public members member as defined in Title 5, 
section 12004-A. 
Sec. 2.  32 MRSA §13065, sub-§6, as enacted by PL 1987, c. 395, Pt. A, §212, is 
repealed. 
Sec. 3.  32 MRSA §13194, as amended by PL 2007, c. 402, Pt. BB, §23, is further 
amended to read: 
§13194.  License renewal 
Licenses expire on December 31st, or at such other times as the Commissioner of 
Professional and Financial Regulation may designate, of each biennial period for which it 
was issued, except those licenses issued under section 13200. The director shall issue a 
renewal license for each ensuing biennial period in the absence of any reason or condition 
that might warrant the refusal of granting a license, upon receipt of the written request of 
the applicant, the biennial fee as set under section 13007 for the license and upon the 
applicant presenting evidence of compliance with the requirements of section 13197. The 
director shall deny a renewal license to any applicant whose license has lapsed for more 
than 90 days, unless the renewal license applicant passes the license examination 
designated by commission rule for this purpose. 
Sec. 4.  32 MRSA §13197, sub-§1, as amended by PL 2005, c. 378, §8 and 
affected by §29, is further amended to read: 
1.  Requirement. As a prerequisite to renewal of a license, applicants must complete 
clock hours of continuing education within 2 years prior to the date of application in 
programs or courses approved by the commission.  Programs or courses under this 
subsection may be on any topic generally relevant to the practice of real estate brokerage.  
This requirement does not apply to agency and company licenses. 
Sec. 5.  32 MRSA §13198, sub-§2, as repealed and replaced by PL 2009, c. 112, 
Pt. A, §17, is amended to read: 
2.  Professional qualifications.  An applicant for a broker license must meet the 
following qualifications under paragraphs A and B. 
A.  The applicant must have been licensed as an associate broker affiliated with a real 
estate brokerage agency for 2 4 years within the 5 years immediately preceding the 
date of application. 
B.  The applicant must satisfactorily complete the course of study meeting guidelines 
established by the commission. 
C.  The applicant must pass a written broker examination to be taken at a time and 
place as the director may designate. 
Sec. 6.  32 MRSA §13199, sub-§2-A, as amended by PL 2009, c. 112, Pt. A, §18, 
is further amended to read: 
2-A.  Professional qualifications.  An applicant for an associate real estate broker 
license must have been licensed as a real estate sales agent affiliated with a real estate 
brokerage agency for 2 years within the 5 years immediately preceding the date of 
application and satisfactorily completed a course of study meeting guidelines established 
by the commission pass a written associate broker examination to be taken at a time and 
place as the director may designate in order to qualify for the license.  The commission 
may not issue a license under this section until an individual has completed 2 years as a 
licensed real estate sales agent. 
Sec. 7.  32 MRSA §13200, as amended by PL 2005, c. 378, §11 and affected by 
§29, is repealed. 
SUMMARY 
This bill changes the composition of the Maine Real Estate Commission by removing 
one public member and adding one member representing the real estate education field.  
The bill eliminates the real estate agent license and instead requires an applicant 
qualifying for a real estate broker license or an associate real estate broker license to 
successfully pass a written examination.  The bill increases the number of years a real 
estate broker applicant must have been licensed as an associate broker affiliated with a 
real estate brokerage agency within the 5 years immediately preceding the date of 
application, from 2 years to 4 years.  The bill also removes the authority of the Real 
Estate Commission to adopt rules determining whether educational programs meet 
license qualifications required by the real estate brokerage licensing laws.