reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0200 - GENERAL PROVISIONS › Section 58A .0201-.0204

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(a),(c),(d);
Eff. February 1, 1976;
Readopted Eff. September 30,
					 1977;
Amended Eff. April 11, 1980; September 1, 1979;
Repealed Eff. June 1, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0300 - APPLICATION FOR LICENSE › Section 58A .0301 - LICENSE APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An individual
				  seeking licensure as a real estate broker shall submit a license application
				  that is available on the Commission's website and shall include the
				  applicant's:
(1) legal name;
(2) mailing, physical, and email
				  address;
(3) telephone
				  number;
(4) social security number
				  and date of birth;
(5)
				  qualification for license application;
(6) real estate license history;
(7) places of residence for the past seven
				  years;
(8) employment history for
				  the past three years;
(9) criminal
				  offenses, military courts-martial convictions, professional license
				  disciplinary actions, including the jurisdiction, file number, and explanation
				  of each offense;
(10) liens or
				  unpaid judgments;
(11)
				  certification the applicant has read the Real Estate Licensing in North
				  Carolina brochure that is available on the Commission's website; and
(12) declaration and signature.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0300 - APPLICATION FOR LICENSE › Section 58A .0302 - LICENSE APPLICATION AND FEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The fee for an
				  original application of a broker or firm license shall be one hundred dollars
				  ($100.00).
(b) An applicant shall
				  update information provided in connection with a license application in writing
				  to the Commission or submit a new application form that includes the updated
				  information without request by the Commission to ensure that the information
				  provided in the application is current and accurate. Failure to submit updated
				  information prior to the issuance of a license may result in disciplinary
				  action against a broker or firm in accordance with
				  G.S.
				  93A-6(b)(1). Upon the
				  request of the Commission, an applicant shall submit updated information or
				  provide additional information necessary to complete the application within 45
				  days of the request or the license application shall be canceled.
(c) The license application of an individual
				  shall be canceled if the applicant fails to:
(1) pass a scheduled license examination
				  within 180 days of filing a complete application pursuant to Rule .0301 of this
				  Section; or
(2) appear for and take
				  any scheduled examination without having the applicant's examination postponed
				  or absence excused pursuant to Rule .0401 of this Subchapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0300 - APPLICATION FOR LICENSE › Section 58A .0303 - EXPIRED - PAYMENT OF APPLICATION FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 93A-4(a),(d);
Eff. February 1, 1976;
Readopted Eff. September 30,
					 1977;
Amended Eff. April 1, 2004; July 1, 2000; December 1,
					 1985;
Expired Eff. June 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0300 - APPLICATION FOR LICENSE › Section 58A .0304 - WAIVER OF 75-HOUR PRELICENSING EDUCATION REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission shall grant a waiver of the 75-hour
					 education program pursuant to
					 G.S.
					 93A-4(a) if an applicant
					 submits:
(1) an application pursuant
				  to Rule .0301 of this Section;
(2)
				  a written request for a waiver of the 75-hour education program; and
				  either
(3) a transcript and copy of
				  a baccalaureate or higher degree in the field of real estate, real estate
				  brokerage, real estate finance, real estate development, or a law degree
				  conferred on the applicant from any college or university accredited by a
				  college accrediting body recognized by the U. S. Department of Education;
				  or
(4) a course completion
				  certificate or transcript evidencing the completion of a prelicensing education
				  program in another state that:
(a) consisted
				  of at least 75-hours of instruction;
(b) was completed within one year prior to
				  license application while the applicant was a resident of said state;
				  and
(c) is parallel to the topics
				  and timings described in the Commission's Prelicensing course
				  syllabus.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0300 - APPLICATION FOR LICENSE › Section 58A .0305 - PETITION FOR PREDETERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  individual who wishes to file a petition for a predetermination of whether the
				  individual's criminal history will likely disqualify the individual from
				  obtaining a real estate license shall submit a petition on the Commission's
				  website.
(b) The petition shall
				  include the petitioner's:
(1) legal
				  name;
(2) mailing, physical, and
				  email addresses;
(3) social
				  security number;
(4) date of
				  birth;
(5) telephone
				  number;
(6) places of residence for
				  the past seven years;
(7)
				  employment history since the date the crime was committed;
(8) criminal record report prepared no more
				  than 60 days prior to the date of petition;
(9) written statement describing the
				  circumstances surrounding the commission of the crime(s);
(10) written statement of any rehabilitation
				  efforts, if applicable;
(11)
				  rehabilitative drug or alcohol treatments, if applicable;
(12) Certificate of Relief granted pursuant
				  to G.S.
				  15A-173.2, if applicable;
(13) affidavits or other written documents,
				  including character references, that the petitioner intends to submit for
				  review;
(14) certification;
				  and
(15) signature.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0400 - EXAMINATIONS › Section 58A .0401 - SCHEDULING EXAMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant
				  who is required and qualified to take the licensing examination shall be
				  provided a notice of examination eligibility that shall be valid for a period
				  of 180 days and for a single administration of the licensing examination. Upon
				  receipt of the notice of examination eligibility, the applicant shall contact
				  the Commission's authorized testing service to pay for and schedule the
				  examination in accordance with procedures established by the testing service.
				  The testing service will schedule applicants for examination by computer at
				  their choice of one of the testing locations and will notify applicants of the
				  time and place of their examinations.
(b) An applicant may postpone a scheduled
				  examination provided the applicant makes the request for postponement directly
				  to the Commission's authorized testing service in accordance with procedures
				  established by the testing service. An applicant's examination shall not be
				  postponed beyond the 180 day period allowed for taking the examination without
				  first refiling another complete application with the Commission. A request to
				  postpone a scheduled licensing examination without complying with the
				  procedures for re-applying for examination described in Rule .0403 of this
				  Section shall be granted only once unless the applicant satisfies the
				  requirements for obtaining an excused absence stated in Paragraph (c) of this
				  Rule.
(c) An applicant may be
				  granted an excused absence from a scheduled examination if the applicant
				  provides evidence that the absence was the direct result of an emergency
				  situation or condition which was beyond the applicant's control and which could
				  not have been reasonably foreseen by the applicant. A request for an excused
				  absence must be promptly made in writing and must be supported by documentation
				  verifying the reason for the absence. The request must be submitted directly to
				  the testing service in accordance with procedures established by the testing
				  service. A request for an excused absence from an examination shall be denied
				  if the applicant cannot be rescheduled and examined prior to expiration of the
				  180 day period allowed for taking the examination without first refiling
				  another complete application with the Commission.
Authority
					 G.S.
					 93A-4(b),(d);
Eff. February 1, 1976;
Readopted Eff. September 30,
					 1977;
Amended Eff. April 1, 2004; October 1, 2000; July 1, 1996;
					 July 1, 1989; February 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0400 - EXAMINATIONS › Section 58A .0402 - EXAMINATION SUBJECT MATTER, FORMAT, AND PASSING SCORES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  real estate licensing examination shall test applicants on the following
				  general subject areas:
(1) real estate
				  law;
(2) real estate brokerage law
				  and practices;
(3) the Real Estate
				  License Law, rules of the Commission, and the Commission's trust account
				  guidelines;
(4) real estate
				  finance;
(5) real estate valuation
				  (appraisal);
(6) real estate
				  mathematics; and
(7) related
				  subject areas.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0400 - EXAMINATIONS › Section 58A .0403 - RE-APPLYING FOR EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  individual whose license application has been canceled pursuant to Rule
				  .0302(c) of this Subchapter and whose 180 day examination eligibility period
				  has expired who wishes to be rescheduled for the real estate license
				  examination must re-apply to the Commission by filing a complete license
				  application as described in Rule .0301 of this Subchapter and paying the
				  prescribed application fee. Subsequent examinations shall then be scheduled in
				  accordance with Rule .0401 of this Section.
(b) An individual whose license application
				  has been canceled pursuant to Rule .0302(c) of this Subchapter who wishes to be
				  rescheduled for the license examination before the expiration of his or her 180
				  day examination eligibility period may utilize an abbreviated electronic
				  license application and examination rescheduling procedure by directly
				  contacting the Commission's authorized testing service, paying both the license
				  application fee and the examination fee to the testing service, and following
				  the testing service's established procedures.
(c) An applicant who fails one or both
				  sections of the license examination shall not be allowed to retake the failed
				  section(s) of the examination for at least 10 calendar days.
Authority
					 G.S.
					 93A-4(b),(d);
Eff. February 1, 1976;
Readopted Eff. September 30,
					 1977;
Amended Eff. February 1, 1988; December 1, 1985; April 11,
					 1980;
Temporary Amendment Eff. April 24, 1995 for a period of 180
					 days or until the permanent rule becomes effective, whichever is
					 sooner;
Amended Eff. January 1, 2012; April 1, 2004; October 1,
					 2000; August 1, 1995.
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0400 - EXAMINATIONS › Section 58A .0404 - EXAMINATION RELATED CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When taking
				  a license examination, an applicant shall not:
(1) cheat or attempt to cheat on the
				  examination by any means, including giving or receiving assistance or using
				  notes of any type;
(2) communicate
				  with any person other than an examination supervisor for any purpose in any
				  manner;
(3) have in his or her
				  possession or utilize in any manner study materials or notes or any device that
				  may be used to:
(A) communicate with
				  others;
(B) access information;
				  or
(C) record or store photographs,
				  visual images, audio or other information about the examination;
(4) have in his or her possession
				  or utilize a calculator that:
(A) permits the
				  storage, entry or retrieval of alphabetic characters; or
(B) is not silent, hand-held and either
				  battery-powered or solar-powered;
(5) have in his or her possession a wallet,
				  pocketbook, bag or similar item that can be used to store materials prohibited
				  by this Rule;
(6) refuse to
				  demonstrate to the examination supervisor that pockets on any item of clothing
				  do not contain materials prohibited by this Rule;
(7) leave or attempt to leave the testing
				  area with any materials provided for the purpose of taking the examination or
				  with any information, notes or other information about the content of the
				  examination; or
(8) refuse to
				  comply with the instructions of the Commission and the Commission's test
				  provider for taking the examination; or
(9) disrupt in any manner the administration
				  of the examination.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0400 - EXAMINATIONS › Section 58A .0405 - CONFIDENTIALITY OF EXAMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Licensing examinations are confidential. No applicant or
					 licensee shall obtain, attempt to obtain, receive, or communicate to other
					 persons examination questions or answers. Violation of this Rule is grounds for
					 denial of a real estate license if the violator is an applicant and
					 disciplinary action if the violator is a licensee or becomes a licensee prior
					 to the discovery of the violation by the Commission.
Authority
					 G.S.
					 93A-3(c);
					 93A-4(d);
					 93A-6;
Eff. December
					 1, 1985;
Amended Eff. January 1, 2012; July 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0400 - EXAMINATIONS › Section 58A .0406 - REPEALED - EXAMINATION REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-4(d);
Eff.
					 December 1, 1985;
Amended Eff. April 1, 2006; October 1, 2000; July
					 1, 1989; February 1, 1989;
Repealed Eff. January 1,
					 2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0500 - LICENSING › Section 58A .0501 - REPEALED - CHARACTER

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-4(b),(d);
Eff. February 1, 1976;
Readopted Eff. September 30,
					 1977;
Amended Eff. October 1, 2000; July 1, 1989; February 1, 1989;
					 May 1, 1984; September 1, 1979;
Repealed Eff. July 1,
					 2003.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0500 - LICENSING › Section 58A .0503 - LICENSE RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All real estate
				  licenses issued by the Commission under G.S. 93A, Article 1 shall expire on
				  June 30 following issuance. Any broker desiring renewal of his or her license
				  shall renew on the Commission's website within 45 days prior to license
				  expiration and shall submit a renewal fee of forty-five dollars
				  ($45.00).
(b) During the renewal
				  process, every individual broker shall provide an email address to be used by
				  the Commission. The email address may be designated by the broker as private in
				  order to be exempt from public records disclosures pursuant to
				  G.S.
				  93A-4(b2).
(c) During the renewal process, every
				  designated broker-in-charge shall disclose:
(1) each federally insured depository
				  institution lawfully doing business in this State where the trust account(s)
				  for the broker-in-charge or the entity for which the broker-in-charge is
				  designated is held, if applicable; and
(2) any criminal conviction or occupational
				  license disciplinary action that occurred within the previous year.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0500 - LICENSING › Section 58A .0505 - REINSTATEMENT OF A LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The fee for
				  reinstatement of a license that has been expired, revoked, or surrendered for
				  less than two years shall be an amount equal to two times the current renewal
				  license fee pursuant to Rule .0503 of this Section.
(b) The reinstatement application form is
				  available on the Commission's website and shall include the applicant's:
(1) legal name;
(2) mailing, physical, and email
				  address;
(3) telephone
				  number;
(4) previous license
				  number;
(5) Secretary of State
				  identification number, if applicable;
(6) social security number and date of birth,
				  if applicable;
(7) qualifying
				  broker and broker-in-charge's legal name and license number, if
				  applicable;
(8) criminal record
				  report from a designated criminal reporting service obtained within six months
				  prior to application;
(9)
				  certification; and
(10)
				  signature.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0500 - LICENSING › Section 58A .0506 - PROVISIONAL BROKER TO BE SUPERVISED BY BROKER-IN-CHARGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  provisional broker may engage in or hold himself or herself out as engaging in
				  activities requiring a real estate license only while his or her license is on
				  active status pursuant to Rule .0504 of this Section and he or she is
				  supervised by the broker-in-charge of the real estate firm or office with which
				  the provisional broker is affiliated. A provisional broker shall be supervised
				  by only one broker-in-charge at a time except that a provisional broker may be
				  supervised by no more than two brokers-in-charge of two licensed affiliated
				  firms located in the same physical location and acting as co-listing or
				  co-selling agents in real estate transactions. When a provisional broker is
				  supervised by more than one broker-in-charge, both brokers-in-charge shall bear
				  all supervision responsibility at all times.
(b) Upon a provisional broker's affiliation
				  with a real estate broker or brokerage firm, the broker-in-charge of the office
				  where the provisional broker will be engaged in the real estate business shall
				  file with the Commission a License Activation and Broker Affiliation form that
				  sets forth the:
(1) provisional broker's:
(A) name;
(B) license number, type of license, and
				  current license status;
(C)
				  physical, mailing, and emailing addresses;
(D) public and private phone
				  numbers;
(E) completed
				  Postlicensing courses, if necessary;
(F) completed continuing education courses,
				  if necessary; and
(G)
				  signature.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0500 - LICENSING › Section 58A .0507 - PAYMENT OF FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Checks, credit cards, and other forms of payment given the
					 Commission for fees due which are returned unpaid shall be considered cause for
					 license denial, suspension, or revocation.
Authority
					 G.S.
					 93A-3(c);
					 93A-4(c),(d);
					 150A-11;
Eff.
					 February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. September 1, 2002; May 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0500 - LICENSING › Section 58A .0508 - REPEALED - DUPLICATE LICENSE FEE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 93A-4(c),(d);
					 150A-11;
Eff.
					 February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0500 - LICENSING › Section 58A .0509 - REPEALED - DUPLICATE LICENSE FEE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-4(c),(d);
Eff. December 1, 1985;
Amended Eff. February 1, 1989;
Repealed Eff. July 1, 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0500 - LICENSING › Section 58A .0510 - REPEALED - CANCELLATION OF SALESPERSON LICENSE UPON BROKER LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 93A-4(d);
Eff. July 1, 1996;
Amended Eff, October 1, 2000;
Repealed Eff. April 1, 2006.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0500 - LICENSING › Section 58A .0511 - LICENSING OF PERSONS LICENSED IN ANOTHER JURISDICTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  For purposes of this Rule, "Jurisdiction" shall mean a state, territory, or
				  possession of the United States or Canada.
(b) An individual seeking a real estate
				  license who, at the time of application, holds a current real estate
				  salesperson or broker license in another jurisdiction that has been on active
				  status in good standing within the three years prior to application may satisfy
				  the 75-hour prelicensing education program and examination requirements
				  prescribed in
				  G.S.
				  93A-4 by electing to either:
(1) pass the "State" section of that
				  examination. A person qualifying for licensure under this provision shall be
				  issued a North Carolina broker license on a status comparable to the category
				  of license held by the person in the jurisdiction where the qualifying license
				  is held; or
(2) be issued a North
				  Carolina broker license on provisional status only and then comply with the
				  provisions of
				  G.S.
				  93A-4(a1).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0500 - LICENSING › Section 58A .0512 - DEATH OR INCAPACITY OF SOLE PROPRIETOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a
				  licensed real estate broker engaged in business as a sole proprietor pursuant
				  to G.S.
				  93A-2(a) dies or becomes
				  incapacitated, the Commission shall issue a temporary license to the executor
				  or administrator of the estate of the deceased sole proprietor broker or to the
				  court-appointed fiduciary of the incapacitated sole proprietor broker upon
				  receipt of the following:
(1) a written
				  notification to the Commission of the date of the broker's death or disability;
				  and
(2) a certified copy of the
				  court order appointing the executor, administer, or fiduciary.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0601 - COMPLAINTS/INQUIRIES/MOTIONS/OTHER PLEADINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  individual may file a complaint against a broker at any time. A complaint
				  shall:
(1) be in writing;
(2) identify the respondent broker or firm;
				  and
(3) apprise the Commission of
				  the facts which form the basis of the complaint.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0602 - REPEALED - PRIMA FACIE CASE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 93A-6(a);
					 150A-11;
Eff.
					 February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. April 22, 1980;
Repealed Eff. September 1,
					 1983.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0603-.0606

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 150A-11;
					 150A-25(a);
Eff. February 1, 1976;
Readopted Eff. September 30,
					 1977;
Repealed Eff. May 1, 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0607 - PETITION TO REOPEN PROCEEDING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) After a
				  final decision has been reached by the Commission in a contested case, a party
				  may petition the Commission to reconsider a case. Petitions will not be granted
				  except when the petitioner can show that the reasons for reconsidering the case
				  are to introduce newly discovered evidence which was not presented at the
				  initial hearing because of some justifiable, excusable or unavoidable
				  circumstance. Upon the running of the 30 day period for seeking judicial
				  review, such petitions will have no effect.
(b) Decisions on petitions to reopen cases
				  are within the discretion of the Commission.
Authority
					 G.S.
					 150B-38(h);
Eff.
					 February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. February 1, 1989; May 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0608 - REPEALED - ANSWER

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 150A-11;
					 150A-25(b);
Eff. February 1, 1976;
Repealed Eff. May 1,
					 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0609 - REPEALED - INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 150A-11;
					 150A-23(d);
Eff. February 1, 1976;
Readopted Eff. September 30,
					 1977;
Amended Eff. May 1, 1984;
Repealed Eff. February
					 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0610 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Subpoenas
				  issued in preparation for, or in the conduct of, a contested case pending
				  before the Commission shall be issued in the name of the Commission and shall
				  be signed by the Commission's legal counsel, chairman, vice chairman, the
				  officer presiding at the hearing if a member of the Commission other than the
				  chairman or vice chairman has been designated to preside.
(b) After a notice of hearing in a contested
				  case has been issued and served upon a respondent or, in a case concerning an
				  application for licensure, the applicant, the respondent, or the attorney for
				  the respondent or applicant may request subpoenas for the attendance of
				  witnesses and the production of evidence. The subpoenas may be signed by the
				  respondent or applicant, or the respondent's or applicant's attorney.
(c) All subpoenas issued in connection with a
				  contested case pending before the Commission shall be on a form approved by the
				  Commission. Subpoena forms shall be provided by the Commission without charge
				  upon request.
(d) Motions to quash
				  a subpoena issued in preparation for, or in connection with, a contested case
				  pending before the Commission shall be submitted to the Commission in writing
				  and shall clearly state the grounds therefor. The disposition of any motion to
				  quash a subpoena shall be made by the chairman of the Commission in his or her
				  discretion. If the chairman is unavailable, then the vice chairman or other
				  Commission member designated to preside over the hearing may dispose of such a
				  motion in the chairman's place.
Authority
					 G.S.
					 93A-6(a);
					 150B-38(h);
					 150B-39(c);
					 150B-40;
Eff.
					 February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. October 1, 2000; August 1, 1996; May 1, 1992; February 1, 1989;
					 May 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0611 - REPEALED - ANSWERS AND OTHER PLEADINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 150B-11;
Eff. July
					 1, 1988;
Repealed Eff. February 1,
					 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0612 - PRESIDING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission may designate any of its members to preside
					 over the hearing in a contested case. When no designation is made, the Chairman
					 of the Commission shall preside, or, in his or her absence, the Vice Chairman
					 shall preside. The presiding officer shall rule on motions or other requests
					 made in a contested case prior to the conduct of the hearing in that case
					 except when the ruling on the motion would be dispositive of the case. When the
					 ruling on a motion or request would be dispositive of the case, the presiding
					 officer shall make no ruling and the motion or request shall be determined by a
					 majority of the Commission.
Authority
					 G.S.
					 93A-3(c);
					 150B-40(b);
Eff. May 1, 1992;
Amended Eff. October 1, 2000;
Readopted Eff. July 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0613 - REPEALED - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
Eff.
					 May 1, 1992;
Repealed Eff. August 1,
					 1998.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0614 - SUMMARY SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the
				  Commission finds that the public health, safety, or welfare requires emergency
				  action, it may, pursuant to
				  G.S.
				  150B-3(c), summarily suspend
				  a license without a hearing or opportunity for the licensee to be heard. A
				  motion for summary suspension shall be presented to the Chairman of the
				  Commission by counsel for the State and may be presented ex parte. The motion
				  shall be supported by an affidavit of a person with first-hand knowledge of the
				  facts alleged which require emergency action.
(b) The Commission shall, when it summarily
				  suspends a license, immediately schedule a hearing, to occur at the earliest
				  practicable date, on the merits of the charges set out in a notice of hearing
				  issued contemporaneously with the order of summary suspension. The motion,
				  supporting affidavit, order for summary suspension and notice of hearing shall
				  be served on the licensee as soon as possible and the summary suspension shall
				  be effective no earlier than the date of service of the summary suspension
				  order on the licensee. The order of summary suspension shall remain in effect
				  until the Commission vacates it.
(c) A summarily suspended licensee may
				  petition the Commission to vacate the summary suspension order. If the Chairman
				  of the Commission finds that the summary suspension order was issued in error
				  or on insufficient factual grounds to justify emergency action, the Chairman of
				  the Commission may vacate the summary suspension order.
(d) Neither an order of summary suspension
				  nor a denial of a motion to vacate an order of summary suspension is a final
				  agency decision.
Authority
					 G.S.
					 93A-6(a);
					 150B-3(c);
Eff. August 1, 1998;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0615 - SETTLEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission may consider disposing of any contested
					 matter before it by consent order or upon stipulation of the respondent and the
					 Commission's legal counsel. The Commission may approve or reject any proposal
					 to dispose of a contested matter by consent or stipulation, however, any matter
					 to which a respondent and the Commission's legal counsel have stipulated which
					 is rejected by the Commission shall not thereafter bind the parties or the
					 Commission. Except as may be otherwise allowed by the presiding officer, all
					 proposals to dispose of a contested matter must be in written form and signed
					 by the respondent not later than two days prior to the date set for the hearing
					 of the matter, excluding any days during which the Commission's offices are
					 closed.
Authority
					 G.S.
					 93A-3(d);
					 93A-6(a);
					 150B-38(h);
Eff. July 1, 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0600 - REAL ESTATE COMMISSION HEARINGS › Section 58A .0616 - PROCEDURES FOR REQUESTING HEARINGS WHEN APPLICANT'S CHARACTER IS IN QUESTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the moral character of an applicant
				  for licensure or approval is in question, the applicant shall not be licensed
				  or approved until the applicant has affirmatively demonstrated that the
				  applicant possesses the requisite honesty, truthfulness, integrity, good moral
				  character, and general fitness, including mental and emotional fitness,
				  necessary to protect the public interest and promote public confidence in the
				  real estate brokerage business. For the purposes of this Rule, applicant means
				  any person or entity making application for licensure as a real estate broker
				  or for licensure or approval as an instructor.
(b) When the applicant is an entity, it shall
				  be directed and controlled by persons who possess the requisite honesty,
				  truthfulness, integrity, good moral character, and general fitness, including
				  mental and emotional fitness, necessary to protect the public interest and
				  promote public confidence in the real estate brokerage business.
(c) When the character of an applicant is in
				  question, the Commission shall defer action upon the application until the
				  applicant is notified by letter. The letter informing the applicant that his or
				  her moral character is in question shall be sent by certified mail, return
				  receipt requested, to the address shown upon the application. The applicant
				  shall have 60 days from the date of receipt of this letter to request a hearing
				  before the Commission. If the applicant fails to request a hearing within this
				  time or if a properly addressed letter is returned to the Commission
				  undelivered, applicant's right to a hearing shall be considered waived and the
				  application shall be deemed denied. If the applicant makes a timely request for
				  a hearing in accordance with the provisions of this Rule, the Commission shall
				  provide the applicant with a Notice of Hearing and hearing as required by G.S.
				  150B, Article 3A.
(d) Nothing in
				  this Rule shall be interpreted to prevent an unsuccessful applicant from
				  reapplying for licensure or approval if such application is otherwise permitted
				  by law.
Authority
					 G.S.
					 93A-4;
Eff. September 1,
					 2002;
Amended Eff. April 1, 2013; January 1, 2012; April 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018;
Amended Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0700 - PETITIONS FOR RULES › Section 58A .0701 - PETITION FOR RULE MAKING HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  wishing to file a petition requesting the adoption, amendment or repeal of a
				  rule by the Commission shall file a written petition with the executive
				  director.
(b) The petition shall
				  include the following information:
(1) name,
				  address and occupation of petitioner;
(2) a summary of the proposed action
				  (adoption, amendment, or repeal of a rule or rules);
(3) a draft of the proposed rule or other
				  action;
(4) a complete statement of
				  the reason for the proposed action; and
(5) an identification of the persons or class
				  of persons most likely to be affected by the proposed action.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0700 - PETITIONS FOR RULES › Section 58A .0702-.0703

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 150A-12;
					 150A-16;
Eff.
					 February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0800 - RULE MAKING › Section 58A .0801 - REPEALED - REQUEST TO PARTICIPATE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 150A-11;
					 150A-12(e);
Eff. February 1, 1976;
Readopted Eff. September 30,
					 1977;
Repealed Eff. May 1, 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0800 - RULE MAKING › Section 58A .0802-.0803 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 150B-12;
Eff.
					 February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. February 1, 1989; May 1, 1984;
Expired Eff. June 1,
					 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0800 - RULE MAKING › Section 58A .0804 - REPEALED - STATEMENT OF REASONS FOR DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 150A-11;
					 150A-12(e);
Eff. February 1, 1976;
Readopted Eff. September 30,
					 1977;
Repealed Eff. May 1, 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0800 - RULE MAKING › Section 58A .0805 - EXPIRED - RECORD OF PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 150B-12;
Eff.
					 February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. February 1, 1989; November 1, 1987;
Expired Eff. June
					 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0900 - DECLARATORY RULINGS › Section 58A .0901 - REPEALED - SUBJECTS OF DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 150A-17;
Eff.
					 February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0900 - DECLARATORY RULINGS › Section 58A .0902 - REQUESTS FOR RULINGS: DISPOSITION OF REQUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  requests for declaratory rulings shall be written and filed with the
				  Commission. The request must contain the following information:
(1) the name, address and signature of
				  petitioner;
(2) a concise statement
				  of the manner in which petitioner is aggrieved by the rule or statute in
				  question, or its potential application to him or her;
(3) a statement of the interpretation given
				  the statute or rule in question by petitioner;
(4) a statement of the reasons, including any
				  legal authorities, in support of the interpretation given the statute or rule
				  by petitioner.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0900 - DECLARATORY RULINGS › Section 58A .0903-.0904

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 150A-17;
Eff.
					 February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0900 - DECLARATORY RULINGS › Section 58A .0905 - EXPIRED - RECORD OF RULING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-3(c);
					 150B-17;
Eff.
					 February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. November 1, 1987;
Expired Eff. June 1, 2018 pursuant
					 to G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .1000 - SCHOOLS

Current through Register Vol. 39, No. 2, July 15, 2024
This Section .1000 of Title 21 Subchapter 58A of the North
				  Carolina Administrative Code (T21.58A .1000); SCHOOLS; has been transferred and
				  recodified to Section .0100 of Title 21 Subchapter 58C of the North Carolina
				  Administrative Code (T21.58C .0100), effective November 27,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .1100 - REAL ESTATE PRE LICENSING COURSES › Section 58A .1101 - REPEALED - PURPOSE AND APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-4(a),(d);
Eff. September 1, 1979;
Amended Eff. February 1, 1989; September 1,
					 1984;
Transferred and Recodified to
					 21 NCAC
					 58C .0301 Eff. November 27,
					 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .1100 - REAL ESTATE PRE LICENSING COURSES › Section 58A .1102 - REPEALED - PROGRAM STRUCTURING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-4(a),(d);
Eff. September 1, 1979;
Amended Eff. February 1, 1989; September 1,
					 1984; September 1, 1983; January 1, 1981;
Transferred and
					 Recodified to
					 21 NCAC
					 58C .0302 Eff. November 27,
					 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .1100 - REAL ESTATE PRE LICENSING COURSES › Section 58A .1103 - REPEALED - COURSE DURATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-4(a),(d);
Eff. September 1, 1979;
Amended Eff. September 1, 1984;
Repealed Eff. February 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .1100 - REAL ESTATE PRE LICENSING COURSES › Section 58A .1104 - REPEALED - COURSE CONTENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93A-4(a),(d);
Eff. September 1, 1979;
Amended Eff. February 1, 1989; November 1,
					 1987; May 1, 1987; September 1, 1984;
Transferred and Recodified to
					 21 NCAC
					 58C .0303 Eff. November 27,
					 1989.