reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 9A - RULES INTERPRETING AND IMPLEMENTING THE NEW JERSEY REAL ESTATE TIMESHARE ACT, N.J.S.A. 45:15-16.50 ET SEQ › Section 11:5-9A.5 - Amendments to registrations and to public offering statements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The registrant shall file with the Commission amendments to its registration application and/or public offering statement reflecting any material or adverse change(s) in previously supplied information or documents in accordance with N.J.S.A. 45:15-16.6 0b(1), in order to ensure that the information provided to purchasers is current.
(b) Material change means any significant change, whether beneficial or adverse, in the size or character of the interest being offered or anything having a significant effect on the regular duties or obligations of the registrant, developer, or purchaser.
1. Material change includes, but is not limited to:
i. A change of the developer or registrant;
ii. A change of exchange company or association with an additional exchange company;
iii. Any substantial change in the accommodations and/or amenities that are part of the timeshare plan;
iv. An increase or decrease in the number of timeshare interests in the timeshare plan;
v. A change of escrow agent, type of escrow or alternative assurance, or a change in any substantive provisions of the escrow agreement between the registrant and escrow agent;
vi. An increase in assessments of 15 percent or more;
vii. A change in management company or a change to a substantive provision of the management agreement;
viii. The transfer of control of the association to the owners of interests in the timeshare plan by the registrant;
ix. A filing of bankruptcy on the part of the developer, registrant, or management entity;
x. Substantive changes in the procedures for obtaining reservations or access to the accommodations that are part of the timeshare plan;
xi. The refinancing of or the placing of any additional mortgages or blanket encumbrances on the timeshare property or interests subsequent to registration approval; and
xii. Any special assessments.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 9A - RULES INTERPRETING AND IMPLEMENTING THE NEW JERSEY REAL ESTATE TIMESHARE ACT, N.J.S.A. 45:15-16.50 ET SEQ › Section 11:5-9A.6 - Public offering statements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall dispose of any timeshare interest in a registered timeshare plan unless he or she delivers a current public offering statement and affords the purchaser a reasonable opportunity to read the same before the purchaser signs the contract or purchase agreement.
1. In all cases where a New Jersey purchaser has not had contact with an authorized New Jersey broker, registrants shall maintain the signed and dated receipt for the New Jersey public offering statement and a copy of the contract which the New Jersey purchaser signed for a period of seven years.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 9A - RULES INTERPRETING AND IMPLEMENTING THE NEW JERSEY REAL ESTATE TIMESHARE ACT, N.J.S.A. 45:15-16.50 ET SEQ › Section 11:5-9A.7 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who believes that an offering may be exempt from the provisions of the Act, or who is contemplating marketing property in New Jersey which he or she believes may be exempt, may apply to the Commission for a letter of exemption. Such application shall be in written affidavit form and shall list the reasons why the offering or proposed offering may be exempt from the Act. Such an application for exemption shall be accompanied by a non-refundable fee of $ 100.00.
1. In the event the Commission shall determine that the offering is exempt from the Act, it shall issue a letter of exemption setting forth the facts upon which the determination is based.
2. In the event the Commission shall determine that the offering is not exempt from the provisions of the Act, it shall deny the request for exemption in writing, setting forth therein the facts upon which the determination is based, and shall send such writing to the applicant via certified mail, return receipt requested.
3. The Commission shall issue a determination as to whether an offering is or is not exempt within 30 days of its receipt of a complete request for exemption, with the appropriate fee.
4. Any person who is aggrieved by such a determination is entitled to a hearing, in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, on the determination, provided said hearing is requested in writing no later than 30 days from the date of the applicant's receipt of notice of such determination.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 9A - RULES INTERPRETING AND IMPLEMENTING THE NEW JERSEY REAL ESTATE TIMESHARE ACT, N.J.S.A. 45:15-16.50 ET SEQ › Section 11:5-9A.8 - Advertising and sales promotions with respect to the sale and marketing of registered timeshare plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Advertisements that refer to the purchase price of a timeshare interest shall state the full purchase price and shall disclose any known or estimated additional assessments or costs to the purchaser.
1. No advertisement shall refer to a price increase unless the amount and date of the increase are indicated.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 9A - RULES INTERPRETING AND IMPLEMENTING THE NEW JERSEY REAL ESTATE TIMESHARE ACT, N.J.S.A. 45:15-16.50 ET SEQ › Section 11:5-9A.9 - Inspection of timeshare offerings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As provided in N.J.S.A. 45:15-16.8 4, the Commission, at its discretion, may make on-site inspections of any timeshare plan which is the subject of an application for registration, either before an order of registration has been issued or thereafter. The Commission may in its discretion conduct subsequent on-site inspections.
(b) The costs of inspections shall be paid by the applicant who shall provide a deposit when requested by the Commission. After the inspection, the Commission shall provide the applicant/registrant with a statement of costs incurred and a refund of any portion of the deposit not expended or a request for additional funds if required.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 9A - RULES INTERPRETING AND IMPLEMENTING THE NEW JERSEY REAL ESTATE TIMESHARE ACT, N.J.S.A. 45:15-16.50 ET SEQ › Section 11:5-9A.10 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All applicants for registration shall pay application fees as prescribed in N.J.S.A. 48:15-16.6 4 and in (e) below.
(b) Any request for approval of a material change in, or an amendment to, an application for registration on the basis of which an order of registration has been issued and/or an order of registration and/or a public offering statement shall be accompanied by a fee of $ 300.00. No fee shall be charged for amendments to applications or proposed public offering statements made prior to the issuance of an order of registration.
1. If applications are made simultaneously for approval of a material change and/or an amendment to an order of registration and/or an amendment to a previously approved public offering statement, only one fee shall be payable.
2. If applications are made for approval of multiple material changes, and/or multiple amendments to an order of registration, and/or multiple amendments to a public offering statement simultaneously, only one fee shall be payable.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 10 - RULEMAKING AND PETITIONS FOR RULEMAKING › Section 11:5-10.1 - Rulemaking-scope

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise specified in this subchapter, the procedures governing the promulgation of administrative rules by the New Jersey Real Estate Commission pursuant to the authority granted in 45:15-6, 45:15-10.1 4, 45:15-16.4 9, 45:15-17(t), 45:15-17.4 and 45:15-42 shall be those established in the Administrative Procedure Act, P.L. 1968, c.410 (52:14B-1 et seq.) and the Rules for Agency Rulemaking, N.J.A.C. 1:30.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 10 - RULEMAKING AND PETITIONS FOR RULEMAKING › Section 11:5-10.2 - Notice of proposed adoption of new rule, or proposed amendment or repeal of existing rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall provide primary notice of any proposal to adopt a new rule, or amend or repeal any existing rule, by filing such notice with the Office of Administrative Law for publication in the New Jersey Register through the procedures established in 52:14B-1 et seq. and N.J.A.C. 1:30.
(b) With the exception of rules that , pursuant to N.J.S.A. 52:14B-4, may be adopted without prior notice, in addition to the primary notice described at (a) above in all circumstances the Commission shall provide secondary notice of proposals to adopt a new rule, or amend or repeal an existing rule, through the following methods:
1. Notice to the news media maintaining a press office to cover the New Jersey State House complex;
2. Notice posted on the bulletin board of the office of the New Jersey Real Estate Commission;
3. Notice posted on the website of the New Jersey Real Estate Commission at
www.nj.gov/dobi/division_rec/index.htm
; and
4. Notice mailed to all persons who have submitted written or e-mail requests to the Commission for advance notice of its rulemaking proposals.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 10 - RULEMAKING AND PETITIONS FOR RULEMAKING › Section 11:5-10.3 - Comments concerning proposed adoption of new rule, or proposed amendment or repeal of existing rule; extensions of time for comments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a period of no less than 30 days following the publication of any proposal to adopt a new rule, or amend or repeal an existing rule, the Commission shall afford all interested persons reasonable opportunity to submit written comments on the proposal in accordance with the procedures established in 52:14B-1 et seq. and N.J.A.C. 1:30. Said period shall be deemed the "comment period."
(b) A written comment may be submitted via mail, delivery service, facsimile transmission, e-mail or any other means which results in the Commission's receipt of a writing containing the text of the comment.
(c) If, during the comment period, sufficient public interest is demonstrated in an extension of the time for the submission of comments, the Commission shall provide an additional 30-day period for the receipt of comments from interested persons. In determining whether sufficient public interest has been demonstrated for the purposes of extending the comment period pursuant to 1:30-5.4, the Commission shall consider the following criteria:
1. Whether comments received indicated a previously unrecognized impact on regulated entities or persons; or
2. Whether comments received raise unanticipated issues related to the notice of proposal.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 10 - RULEMAKING AND PETITIONS FOR RULEMAKING › Section 11:5-10.4 - Public hearings concerning proposed adoption of new rule, or proposed amendment or repeal of existing rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission may hold a public hearing to gather information concerning any proposed rule, amendment, or repeal.
(b) The Commission shall publish a notice of the place, date and time of the hearing at least 15 business days before the date of the hearing.
(c) If, during the comment period following the publication of any proposal to adopt a new rule, or amend or repeal any existing rule, sufficient public interest in holding a public hearing on the proposal is demonstrated, the Commission shall conduct such a hearing. The Commission shall provide at least 15 days notice of such a public hearing, which shall be conducted in accordance with the procedures established in 52:14B-1 et seq. and N.J.A.C. 1:30.
(d) In determining whether sufficient public interest has been demonstrated for purposes of conducting a public hearing pursuant to 1:30-5.5, the Commission shall consider a request for such a hearing that has been submitted on a form prescribed by the Department of Banking and Insurance. Such a request shall be submitted within 60 days following the publication of the notice of proposal in the New Jersey Register.
1. A person interested in having a public hearing held on a notice of proposal shall submit an application on a form prescribed by the Department of Banking and Insurance to New Jersey Real Estate Commission, Department of Banking and Insurance, PO Box 328, Trenton, NJ 08625-0328. The application shall contain the following information:
i. The person's name, address, telephone number, agency or association (if applicable);
ii. The citation and title of the proposed rule and the date the notice of proposal was published in the New Jersey Register; and
iii. The reasons a public hearing regarding the notice of proposal is considered necessary pursuant to (e) below.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 10 - RULEMAKING AND PETITIONS FOR RULEMAKING › Section 11:5-10.5 - Petitions for rulemaking-scope

Current through Register Vol. 56, No. 14, July 15, 2024
11:5-10.5, 10.6 and 10.7 shall apply to all petitions made by interested persons for the adoption of a new rule, or the amendment or repeal of any existing rule by the New Jersey Real Estate Commission, in accordance with 52:14B-4(f).
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 10 - RULEMAKING AND PETITIONS FOR RULEMAKING › Section 11:5-10.6 - Procedure for the submission of petitions for rulemaking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any interested person may petition the Real Estate Commission to adopt a new rule, or amend or repeal an existing rule. Such interested person shall be deemed a "petitioner." The petitioner may include with any petition the text of the proposed new rule, amended rule or repealed rule. All petitions for rulemaking shall clearly and concisely state:
1. The full name and address of the petitioner;
2. The substance or nature of the rulemaking action which is requested;
3. The reasons for the request;
4. The petitioner's interest in the request, including, without limitation, any relevant organizational affiliation or economic interest; and
5. References to the Commission's authority to take the requested action.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 10 - RULEMAKING AND PETITIONS FOR RULEMAKING › Section 11:5-10.7 - Procedure for the consideration and disposition of rulemaking petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subsequent to making a determination that a petition is in substantial compliance with 11:5-10.6, the Commission shall file a notice of petition with the Office of Administrative Law for publication in the New Jersey Register. The Commission's notice shall include:
1. The name of the petitioner;
2. The substance or nature of the rulemaking action which is requested;
3. The problem or purpose which is the subject of the request; and
4. The date that the petition was received.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 11 - PROCEDURES ON DISCIPLINARY ACTIONS, CONTESTED APPLICATIONS, DECLARATORY RULING REQUESTS › Section 11:5-11.1 - Pleadings enumerated and defined

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pleadings before the Commission shall be orders to show cause, complaints, answers, petitions, and motions, which for purposes of these rules are defined as follows:
1. "Orders to show cause" means orders issued by the Executive Director on behalf of the New Jersey Real Estate Commission compelling the persons to whom the order is directed to appear and show cause before the Commission why certain actions, including, but not limited to, the imposition of sanctions, should not be taken by the Commission pursuant to the Real Estate Licensing Act, N.J.S.A. 45:15-1 et seq., and the rules promulgated thereunder.
2. "Complaint" means a filing by the Office of the Attorney General of New Jersey alleging violations of one or more of the provisions of 45:15-1 et seq. and/or of the Commission's rules.
3. "Answer" means the pleading filed by a licensee or other party against whom an order to show cause or complaint is directed which sets forth the respondent's position with the respect to each factual and legal allegation in the order or complaint and specifies all affirmative defenses raised by the respondent.
4. "Petition" means the pleading filed by an interested person to request a rulemaking action or declaratory ruling by the Commission or the pleading filed by an interested person seeking to intervene in any rulemaking or declaratory ruling proceeding.
5. "Motion" means the application filed incidental to an action before the Commission for the purpose of obtaining a ruling or order directing that some action be taken in favor of the movant.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 11 - PROCEDURES ON DISCIPLINARY ACTIONS, CONTESTED APPLICATIONS, DECLARATORY RULING REQUESTS › Section 11:5-11.2 - Answers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party against whom an order to show cause or complaint is directed and who desires to contest the same or make any representation to the Commission in connection therewith shall file an answer in writing with the Commission.
(b) The answer shall apprise the Commission fully and completely of the nature of all defenses and shall admit or deny specifically and in detail all material allegations of the order to show cause or complaint.
(c) Matters alleged by way of affirmative defense shall be separately stated and numbered in the answer.
(d) An Answer must be filed within 20 days after service of the Order to Show Cause or complaint unless the deputy attorney general or staff member who represents the complainant consents, or the Commission orders an extension of time to Answer.
(e) Filing of an Answer shall be made by forwarding an original and two copies to the Executive Director of the Commission and a copy to the deputy attorney general or staff member who is representing the complainant in the matter.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 11 - PROCEDURES ON DISCIPLINARY ACTIONS, CONTESTED APPLICATIONS, DECLARATORY RULING REQUESTS › Section 11:5-11.3 - Adversary hearing determination by the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Promptly after the answer is filed, the Commission will review the pleadings at a Commission meeting and decide whether any material fact or issue of law is contested. If the Commission determines that a matter is contested, a hearing will be scheduled. On its own motion or at the request of either party, the Commission may, in its discretion, transmit the case to the Office of Administrative Law for hearing and initial decision.
(b) If, upon review of the pleadings, the Commission determines that no material facts or issues of law are contested, the Commission shall afford the respondent an opportunity to be heard and to present witnesses and documentary evidence, which presentation shall be limited to the issue of the severity of any sanction or penalty to be imposed. By stipulation or other means, the deputy attorney general or staff member representing the complainant shall present evidence sufficient to establish the factual basis for all alleged violations and may present documentary evidence or witnesses in rebuttal of any mitigation testimony or evidence presented by the respondent.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 11 - PROCEDURES ON DISCIPLINARY ACTIONS, CONTESTED APPLICATIONS, DECLARATORY RULING REQUESTS › Section 11:5-11.4 - Motions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In all matters heard by the Commission, motions and replies shall be made in the manner and form prescribed by the rules which establish the procedures for motion practice before the Office of Administrative Law, N.J.A.C. 1:1-12. In construing those rules, the terms "Executive Director" and "Commission" are substituted for the terms "Clerk" and "Judge", respectively.
(b) Filing of a motion or reply shall be made by forwarding an original and 15 copies to the Executive Director of the Commission and a copy to all other attorneys and pro se parties, if any, in the matter.
(c) A motion shall be considered by the Commission at a regularly scheduled meeting pursuant to the requirements of N.J.A.C. 1:1-12.
(d) Oral argument on a motion when permitted or directed by the Commission shall be presented to the Commission by the parties or their representatives in person at a Commission meeting; motions will not be heard by telephone conference.
(e) Motions for the reconsideration of sanctions imposed by the Commission must be filed within 30 days of the date upon which notice of the decision imposing sanctions was provided to the movant. Such motions must be accompanied by a recitation of the particular facts and legal basis which purportedly support the application.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 11 - PROCEDURES ON DISCIPLINARY ACTIONS, CONTESTED APPLICATIONS, DECLARATORY RULING REQUESTS › Section 11:5-11.5 - Hearing procedure

Current through Register Vol. 56, No. 14, July 15, 2024
The Executive Director may, on behalf of the Commission, issue an Order to Show Cause requiring a licensee or other person to appear before the Commission for a hearing, pursuant to the rules of the Office of Administrative Law, in circumstances where violations of N.J.S.A. 45:15- 17(d), 17(n), 17(o) and/or 19.1 are alleged to have occurred or where there is danger of imminent harm to the public.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 11 - PROCEDURES ON DISCIPLINARY ACTIONS, CONTESTED APPLICATIONS, DECLARATORY RULING REQUESTS › Section 11:5-11.6 - Sanctions: failure to answer or appear; default

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In all matters heard by the Commission, the imposition of sanctions for the failure to appear and/or to comply with any order of the Commission or the requirements of these procedural rules shall be governed by the procedures established for the imposition of sanctions in matters heard by the Office of Administrative Law at 1:1-14.4.
(b) The Commission shall have the discretionary authority to grant extensions of the time to file an answer or appear.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 11 - PROCEDURES ON DISCIPLINARY ACTIONS, CONTESTED APPLICATIONS, DECLARATORY RULING REQUESTS › Section 11:5-11.7 - Settlements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parties to a proposed settlement shall present the settlement to the Commission pursuant to the requirements of 1:1-19.1.
(b) Such a settlement shall be presented to the Commission during the public session of a Commission meeting. Should a proposed settlement be rejected by the Commission, the proposal shall not be considered or used for any purpose in any subsequent hearing. Any settlement approved by the Commission shall be a public record.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 11 - PROCEDURES ON DISCIPLINARY ACTIONS, CONTESTED APPLICATIONS, DECLARATORY RULING REQUESTS › Section 11:5-11.8 - Decisions in enforcement actions, motions for reconsideration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All final decisions of the Real Estate Commission on contested and uncontested matters shall be reduced to writing, in the form of an Order of the Commission, which shall be served upon all parties to the matter either personally or by registered or certified mail sent to the last known business address of all parties. Unless otherwise ordered, all fines imposed by order of the Commission shall be payable within 30 days of the effective date of the order as established by the Administrative Procedure Act, 52:14B-1 et seq.
(b) Motions for reconsideration of final decisions of the Real Estate Commission shall be made within the time frame specified in 11:5-11.4. All such motions shall be considered on the papers unless oral argument is requested and that request is granted by the Commission or the Commission directs oral argument on the motion.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 11 - PROCEDURES ON DISCIPLINARY ACTIONS, CONTESTED APPLICATIONS, DECLARATORY RULING REQUESTS › Section 11:5-11.9 - Applications for temporary suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission may on its own motion, and upon the terms and conditions as set forth in 45:15-17.1 and as the Commission deems appropriate, enter an order temporarily suspending the license of any licensee upon making a finding that prima facie evidence exists that:
1. The licensee has failed to account for or to pay over any moneys belonging to others that have come into the possession of the licensee, in violation of 45:15-17(d); or
2. The licensee has commingled his or her personal money or property with the money or property of others or has failed to maintain and deposit such moneys in a special account, separate and apart from personal or other business accounts, when acting in the capacity of a real estate broker, or escrow agent, or as the temporary custodian of the funds of others, in a real estate transaction, in violation of 45:15-17(o).
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 11 - PROCEDURES ON DISCIPLINARY ACTIONS, CONTESTED APPLICATIONS, DECLARATORY RULING REQUESTS › Section 11:5-11.10 - Procedures applicable to appeals of initial denials of licensing applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Initial denials of the following applications may be appealed to the Real Estate Commission through compliance with all of the requirements established in (b) below:
1. License applications;
2. Applications from disabled veterans for education waivers and/or broker experience requirement waivers;
3. Applications for the issuance of education waivers by persons other than disabled veterans;
4. Applications for the issuance of broker experience requirement waivers by broker licensees of other states; and
5. Applications by broker license candidates for the Commission's approval of their experience as a salesperson so as to qualify to challenge the broker license examination.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement 45:15-16.2a et seq. by establishing continuing education requirements for real estate brokers, broker-salespersons and salespersons as a condition of biennial licensure renewal, and by establishing standards for the approval of continuing education courses, course providers and course instructors.
(b) This subchapter shall apply to all individuals licensed as real estate brokers, and to all broker-salespersons and salespersons licensed in this State, and to all applicants for the approval of continuing education courses or for approval as continuing education course instructors or providers.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:
"ARELLO" means the Association of Real Estate License Law Officials, which may be contacted at 334-260-2928 and at mailbox@arello.org.
"Commission" means the New Jersey Real Estate Commission.
"Continuing education coordinator" means the individual designated by an approved continuing education provider as the person responsible for assuring compliance with the provisions of 45:15-16.2a et seq., and the rules in this chapter that are applicable to continuing education providers.
"Distance learning" means any educational process based on the geographical separation of instructor and learner (for example, CD-ROM, disk, on-line courses, correspondence courses, webinars or video conferencing).
"Real estate broker" or "broker" means a person, firm or corporation as defined at 45:15-3.
"Real estate broker-salesperson" or "broker-salesperson" means a person as defined at 45:15-3.
"Real estate salesperson" or "salesperson" means a person as defined at 45:15-3.
"Volunteer Advisory Committee" means the committee established pursuant to 45:15-16.2a.b(1)(b), which is responsible for recommending continuing education course providers, instructors and courses for approval by the Commission.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.3 - Continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless granted a waiver pursuant to 11:5-12.5, commencing with the July 1, 2013 renewal and continuing for every renewal thereafter, in order to qualify for license renewal every individual licensed as a real estate broker and every licensed broker-salesperson or salesperson shall, during the 24-month period prior to that renewal, have completed 12 hours of approved continuing education as set forth in this subchapter, two hours of which shall have been on the topic of ethics, except that:
1. A Commission-licensed real estate instructor or Commission-approved continuing education course instructor shall earn credit for teaching an approved continuing education course offered by an approved provider. Notwithstanding the number of times the instructor teaches an approved course during a two-year license term, the instructor shall earn the number of continuing education credits granted to a licensee who attends and completes that course one time during that license term;
2. A person who successfully completes one or more broker pre-licensure education courses as set forth in 11:5-2.1 shall be deemed to have fulfilled the continuing education requirement applicable to the license that such person may seek to renew upon the conclusion of the license term during which the broker pre-licensure course was completed; and
3. A person who is initially licensed as a salesperson in the second year of a biennial license term shall not be required to fulfill any continuing education requirements in order to renew the salesperson's license upon the conclusion of that license term. A person who is initially licensed as a salesperson during the first year of a biennial license term shall complete all applicable continuing education requirements in order to renew the salesperson's license upon the conclusion of that license term.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.4 - Curricula

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The continuing education requirement may be fulfilled by acquiring credits exclusively in the core topic areas listed below in this subsection. Licensees shall acquire at least six of the 12 continuing education credits required for license renewal pursuant to this subchapter in one or more of the following core topic areas:
1. Agency;
2. Disclosure;
3. Legal issues, for example, listing agreements, contracts of sale, leases, attorney review, forms of ownership and deed restrictions;
4. Ethics;
5. Fair housing and the New Jersey Law Against Discrimination;
6. New Jersey real estate brokers and salesmen statute and rules;
7. New Jersey and Federal environmental laws/rules pertinent to the practice of real estate brokerage; and
8. Legal requirements regarding escrow monies and financial recordkeeping.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.5 - Waiver of continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for license renewal who was unable to fulfill the continuing education requirements imposed by 45:15-16.2a and this subchapter may request and be granted a waiver, in whole or part, of the continuing education requirement by the Commission.
(b) An applicant requesting a waiver of the continuing education requirement shall certify that the applicant was unable to fulfill the continuing education due to:
1. An incapacitating illness;
2. Active duty service in the armed forces of the United States for one year or more of the two-year licensure period;
3. Emergency; or
4. Other substantial and unavoidable hardship. Financial hardship, unreasonable delay, and conflicts with business or personal obligations shall not constitute a basis on which the continuing education requirement may be waived pursuant to this section.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.6 - Continuing education providers; standards and application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant seeking approval from the Commission to become an approved continuing education provider shall submit a completed application on forms provided by the Commission with the required fee. The application shall include the following:
1. A non-refundable application fee of $ 300.00;
2. The business name which the Commission is to record as the official business name of the provider and any trade name or alternate name under which the provider will operate;
3. A description of the type(s) of courses to be provided (in-person or distance learning, including the specific type(s) of distance learning course(s));
4. A designation of an individual, including their phone number and e-mail address, who will serve as the provider's primary contact person with the Commission for matters relating to continuing education and who shall be designated as the provider's New Jersey continuing education coordinator; and
5. If the provider will offer in-person courses, the address(es) and a description of the known location(s) where the course(s) will be offered.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.7 - Continuing education providers; responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Providers' responsibilities shall include the following:
1. The general supervision of the continuing education courses;
2. Ensuring the offered course and instructor have been approved by the Commission;
3. Ensuring that the instructor is knowledgeable in the subject matter of each course offered by the provider that is taught by that instructor;
4. Securing, maintaining, and reporting upon evaluations of courses and instructors as set forth in 11:5-12.8(h) and (i);
5. All recordkeeping and supplying of information to the Commission or its designee in accordance with the provisions of this subchapter; and
6. Ensuring that all course offerings comply with the requirements imposed by this subchapter (for example, appropriate facilities).
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.8 - Continuing education providers; reporting and recordkeeping requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Providers shall provide to licensees who successfully complete an approved course a certificate of completion signed or affirmed by the provider, which shall include the licensee's name, the course name, date of completion, New Jersey continuing education course number, number of credits earned for the course and the provider's New Jersey continuing education provider identification number.
(b) For a period of six years, providers shall maintain and be capable of producing for inspection by a Commission representative the course and instructor evaluations referenced in (h) and (i) below and the information on the satisfactory completion of continuing education courses by licensees set forth in (d) below. In addition, providers shall maintain and be capable of producing for inspection copies of all course-specific written material provided to students who attend a course. Presuming there is no change in such written material, only one set of copies need be maintained, regardless of the number of times the provider offers the course.
(c) Providers shall use recordkeeping systems that are capable of producing written reports on attendance at approved continuing education courses which include all of the information set forth in (a) above.
(d) Providers shall electronically submit data to the Commission or its designee on a weekly basis identifying those licensees who have completed continuing education courses offered by the provider during the preceding reporting period and shall include, at a minimum, the following information in each record of the completion of a continuing education course by a licensee:
1. The licensee's name and license reference number;
2. The license term for which the licensee is seeking credit for having completed the continuing education course;
3. The provider's name and identification number; and
4. The continuing education course name, course number, course category (core or elective), completion date and number of credit hours.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.9 - Continuing education providers; advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any advertisement or promotional material used by a provider shall include the provider's official name or trade or alternate name on file with the Commission.
(b) No advertisement shall contain false, misleading or deceptive claims or misrepresentations. In all advertisements which make express or implied claims that are likely to be misleading in the absence of certain qualifying information, such qualifying information shall be disclosed in the advertisement in a clear and conspicuous manner.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.10 - Continuing education instructors; standards and application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant seeking approval from the Commission to become an approved continuing education instructor shall submit a completed application on forms provided by the Commission with the required fee. An application for approval as a continuing education instructor shall include:
1. A non-refundable application fee of $ 150.00;
2. An indication of the core and/or elective topics the applicant considers him or herself qualified to teach;
3. A resume and other material evidencing the applicant's qualifications for approval as an instructor in accordance with one or more of the criteria set forth in (d) below; and
4. Such additional information as the applicant may wish to provide in support of their application, for example, letters of professional reference.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.11 - Continuing education courses; application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) below, all continuing education courses shall require approval by the Commission. An applicant seeking approval of a course by the Commission shall submit a complete application on a form provided by the Commission with the required fee. An application for approval of a continuing education course shall include:
1. A non-refundable application fee of $ 200.00;
2. The name, address and telephone number of the applicant;
3. The title of the course to be offered;
4. The number of hours required to complete the course, which shall be expressed in increments of entire hours;
5. A detailed outline of the subject matter of the course;
6. A description of the materials to be distributed to the participants; and
7. With respect to distance learning courses, such other information as is referenced in 11:5-12.1 4.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.12 - Continuing education courses; standards and requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All courses shall be instructional and contribute to the professional competence of individuals engaged in the practice of real estate brokerage.
(b) In order to qualify for approval, courses may but are not required to compel a licensee to pass a comprehensive examination testing the licensee's knowledge of the entire course content as a condition of the receipt of credit for the completion of the continuing education course.
(c) Approved continuing education courses may be offered in a traditional classroom setting or as distance learning courses.
(d) The following shall not qualify for approval as a continuing education course:
1. Real estate salesperson prelicensure courses offered pursuant to 45:15-10.1 and 11:5-2.1;
2. General education or review courses offered to prepare a student to take a real estate broker's or salesperson's examination;
3. Sales meetings;
4. Motivational classes or seminars; and
5. Offerings in mechanical office and business skills, such as typing, computer training, instructional navigation of the world wide web and internet, instructional use of generic computer software, speed reading, memory improvement, report writing, salesmanship and sales psychology.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.13 - Continuing education courses; elective courses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following are approved topic areas for elective continuing education courses:
1. Commercial real estate;
2. Property management;
3. Seasonal rentals;
4. Requirements of and transactions subject to the Real Estate Sales Full Disclosure Act and the New Jersey Real Estate Timeshare Act;
5. Financing;
6. Land use;
7. Real estate valuation;
8. Foreclosures and short-sale transactions; and
9. Specific aspects of residential real estate transactions.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 5 - REAL ESTATE COMMISSION › Subchapter 12 - CONTINUING EDUCATION › Section 11:5-12.14 - Distance learning continuing education courses; additional requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission may approve distance learning continuing education courses that include periodic progress assessments and the achievement of a satisfactory level of performance by the licensee on such progress assessments as a condition to continuing to a succeeding segment of the course.
(b) Except as limited in (b)1 below, distance learning courses shall meet the following criteria:
1. The course is designed to promote students' active participation in the instructional process by utilizing techniques that provide for substantial student interaction with the instructor, other students or a computer program. However, upon the recommendation of the Voluntary Advisory Committee, the Commission may approve a correspondence course or a course offered through a video modality that does not provide for such substantial interaction but fulfills all other requirements for course approval as set forth in this section and in 11:5-12.1 2 and 12.13;
2. The course, when taken without interruption, consists of no less than one hour of distance learning education, in accordance with 11:5-12.1 2(e);
3. The time required for a student of average ability to complete the course shall be at least equal to the number of course credit hours to be assigned in accordance with 11:5-12.1 2(e), as verified by the results of studies or field tests or other means;
4. Providers of distance learning courses shall, in addition to providing to students the notice containing all of the information referenced in 11:5-12.7(e), include in that notice information on how interaction is accomplished in the course and on any special requirements related to computer hardware, software or any other equipment needed to complete the distance learning course;
5. Providers of distance learning courses shall make provisions for handling equipment failures, including hardware or software failures or transmission interruptions, and provide appropriate instructor and/or technical support, as necessary, to enable students to satisfactorily complete the course in the event of such a failure or interruption;
6. Providers of distance learning courses shall use procedures that provide reasonable assurance of student identity and verification that the student receiving the continuing education credit for completing the course is actually the individual who performed all of the work required to complete the course;
7. Distance learning courses shall be equipped with a time-default mechanism for inactivity so that a student is not credited when not actively participating in the program; and
8. The provider of a distance learning course shall obtain, electronically or through other means, a signed and dated statement from each student certifying that he or she personally completed the course.