reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.336e - Confidentiality of peer evaluation reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Office inspection and clinical evaluation
					 reports and related information shall remain confidential except as provided in
					 §
											33.336a(a)(4)
					 (relating to requirements for unrestricted permit and restricted permit I) and
					 the act of June 21, 1957 (P. L. 390, No. 212) (65 P. S. §§
												66.1-66.4), known as the Right-to-Know
					 Law.
(b) An administering approved
					 peer evaluation organization shall submit to the Board a written report of the
					 results of the office inspection and clinical evaluation within 30 days from
					 the date the office inspection and clinical evaluation was conducted that
					 documents whether the applicant has successfully completed the office
					 inspection and clinical evaluation.
(c) If a clinical evaluation or office
					 inspection reveals that the noncompliance of a dentist or dental office
					 presents an immediate and clear danger to the public health and safety, the
					 administering approved peer evaluation organization shall immediately notify
					 the Commissioner of the Bureau.
The provisions of this §
													33.336e issued under sections 3(o)
						  and 11.2(a) of The Dental Law (63 P. S. §§
														122(a) and
						  130c(a)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.337 - Requirements for restricted permit II

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To secure a restricted permit II, a
					 dentist shall have successfully completed a course in nitrous oxide/oxygen
					 analgesia comprising at least 14 hours of undergraduate or postgraduate
					 didactic instruction and clinical experience in a program that conforms to Part
					 I (for an undergraduate program) or Part III (for a postgraduate program) of
					 the ADA's
Guidelines for Teaching the Comprehensive Control of Pain and
					 Anxiety in Dentistry
.
(b)
					 Initial restricted II permit applicants shall provide the following:
(1) The make, model and serial number of any
					 nitrous oxide/oxygen analgesia equipment utilized by the applicant.
(2) Certification that the equipment is
					 properly calibrated and maintained, contains a fail-safe system and is in
					 working order.
(3) An attestation
					 that the applicant has written office procedures for administering nitrous
					 oxide/oxygen analgesia and handling emergencies related to the administration
					 of nitrous oxide/oxygen analgesia.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.337a - Requirements for temporary permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 To secure a temporary unrestricted permit, restricted permit I or restricted
					 permit II, an applicant shall include with the application proof that the
					 applicant possesses the qualifications required for the type of permit
					 requested.
(b) Temporary permits
					 expire 1 year following the effective date and may not be renewed.
The provisions of this §
													33.337a issued under sections 3(o)
						  and 11.2(a) of The Dental Law (63 P. S. §§
														122(a) and
						  130c(a)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.338 - Expiration and renewal of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A permit issued by the Board under this subchapter will expire at the same time
					 as the permitholder's dental license but may be renewed biennially at the same
					 time the dental license is renewed.
(b) A dentist who desires to renew a permit
					 shall submit the following:
(1) A renewal
					 application on a form provided by the Board.
(2) The permit renewal fee prescribed in
					 §
												33.339 (relating to fees for
					 issuance of permits).
(3) Proof of
					 current certification in ACLS (adult patients) or PALS (pediatric patients), or
					 both (for unrestricted permits and restricted I permits).
(4) An attestation, on the renewal
					 application, that any equipment used to administer general anesthesia, deep
					 sedation, conscious sedation and nitrous oxide/oxygen analgesia has been
					 installed, properly calibrated and maintained according to the equipment
					 manufacturer's guidelines and contains a fail-safe system (for all
					 permits).
(5) Proof of compliance
					 with the continuing anesthesia education requirement under §
												33.336a(d) 
					 (relating to requirements for unrestricted permit and restricted I
					 permit).
(6) Proof of compliance
					 with the office inspection and clinical evaluation requirements under §
					 33.336a(a).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.339 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													33.339 issued under sections 11.2
						  and 11.3 of The Dental Law (63 P.S. §§
														130c and
						  130d); amended under sections
						  3(o), 4(a) and (b) and 11.2(a) of The Dental Law (63 P.S. §§
														122(o),
						  123(a) and (b) and 130c(a));
						  deleted under sections 3(b), 3(f), 3(g.1), 3(j) and 3(o), 4(a) and (b),
						  11.2(a)(2), (4) and (6) and 11.11(a)(7) and (d) of The Dental Law
						  (63
						  P.S. §§
														122(b),
						  (f), (g.1), (j) and (o), 123(a) and (b),
						  130c(a)(2), (4) and (6) and 130l(a)(7) and
						  (d)).
This section cited in 49 Pa. Code §
													33.3 (relating to fees); 49 Pa.
						  Code §
													33.334 (relating to application
						  for permit); and 49 Pa. Code §
													33.338 (relating to expiration and
						  renewal of permits).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.342 - Inspection of dental offices

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Inspections
. The Board, through its authorized agents, may
					 conduct inspections of a dental office with or without prior notice, for the
					 purpose of determining whether the office is in compliance with the equipment
					 and facility requirements prescribed in §
											33.340(a)(2),
					 §
											33.340a(a)(2) or
					 §
											33.340b(a)(2),
					 (relating to duties of dentists who are unrestricted permitholders; duties of
					 dentists who are restricted permit I holders; and duties of dentists who are
					 restricted permit II holders) or as follows:
(1) Upon a death or injury related to the
					 administration of general anesthesia, deep sedation, conscious sedation or
					 nitrous oxide/oxygen analgesia in the office.
(2) Upon a complaint that the office or the
					 dentist who operates the office is not in compliance with this
					 subchapter.
(3) Upon a reasonable
					 belief that conditions exist in the office that pose a danger to the health or
					 safety of the public.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter E - ADMINISTRATION OF GENERAL ANESTHESIA, DEEP SEDATION, CONSCIOUS SEDATION AND NITROUS OXIDE/OXYGEN ANALGESIA › Section 33.343 - Suspension, revocation, limitation of permit; refusal to issue or renew

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may, following notice and a hearing under
						section 4.1(c) of the act (63 P. S. §
												123.1(c)), refuse to issue
						or renew a permit, or may suspend, revoke or limit a permit, for any of the
						following reasons:
(1) Noncompliance
					 with the requirements of the act or this subchapter.
(2) Fraud or deceit in obtaining or
					 attempting to obtain a permit.
(3)
					 Knowingly aiding or abetting the improper issuance of a permit.
(4) Incompetence, negligence or misconduct in
					 rendering services authorized by a permit.
(5) Having a dental license suspended or
					 revoked under section 4.1 of the act.
The provisions of this §
													33.343 issued under sections 11.2
						  and 11.3 of The Dental Law (63 P. S. §§
														130c and
						  130d).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter F - CONTINUING DENTAL EDUCATION › Section 33.401 - Credit-hour requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 applicant shall complete the following continuing education credit hours during
					 the preceding biennial period:
(1) Dentists-30
					 hours.
(2) Dental hygienists-20
					 hours.
(3) Expanded function dental
					 assistants-10 hours.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter F - CONTINUING DENTAL EDUCATION › Section 33.402 - Continuing education subject areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsections
					 (c)-(e), the required credit hours shall be completed in subjects which
					 contribute directly to the maintenance of clinical competence of a dentist,
					 dental hygienist, public health dental hygiene practitioner or expanded
					 function dental assistant. Examples of acceptable subjects include:
(1) Diagnosis and treatment of oral
					 pathosis.
(2) Clinical and
					 technological subjects.
(3)
					 Emergency procedures excluding hours required for cardiopulmonary resuscitation
					 (CPR) certification.
(4) Infection
					 control.
(5) Abuse and
					 neglect.
(6) Medical and scientific
					 subjects.
(7) Laws and regulations
					 pertaining to dentists, dental hygienists and expanded function dental
					 assistants.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter F - CONTINUING DENTAL EDUCATION › Section 33.403 - Program sponsors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Board has approved the following as program sponsors:
(1) An accredited dental, dental hygiene or
					 expanded function dental assisting school or program.
(2) The medical or osteopathic medical school
					 or college accredited by an accrediting body recognized by the State Board of
					 Medicine, State Board of Osteopathic Medicine or State Board of
					 Nursing.
(3) The American Dental
					 Association Continuing Education Review Program, the American Dental
					 Association's specialty associations, the American Dental Hygienists
					 Association and the American Dental Assistants Association.
(4) The National Dental Association and its
					 specialty societies and the National Dental Hygienists Association.
(5) The American Medical Association,
					 American Osteopathic Medical Association and the American Nursing
					 Association.
(6) The Pennsylvania
					 Academy of Dental Hygiene Studies.
(7) The Academy of General Dentistry National
					 Sponsor Approval Program.
(8) The
					 Veterans' Administration.
(9) The
					 United States military services.
(10) The National Institutes of
					 Health.
(11) The United States
					 Public Health Services.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 33 - STATE BOARD OF DENTISTRY › Subchapter F - CONTINUING DENTAL EDUCATION › Section 33.404 - Reporting continuing education credit hours

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The applicant shall provide the requested
					 information concerning the required hours on an application for biennial
					 renewal.
(b) The applicant shall
					 provide a copy of the documentation supporting the completion of the required
					 credit hours when requested to do so by the Board.
(c) Acceptable documentation consists of any
					 one of the following:
(1) A continuing
					 education certificate or sponsor-generated printouts.
(2) A certified transcript of courses taken
					 for credit in an accredited university or college. For noncredit courses taken,
					 a statement of hours of attendance, signed by the instructor.
(3) Evidence of publication for published
					 articles, books or continuing education programs.
(4) Evidence obtained from the program
					 sponsor of having been an instructor, including an agenda.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter B - GENERAL PROVISIONS › Section 35.204 - Accuracy and veracity of papers filed with the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application, statement, character
					 reference or other paper that is required to be filed by, or on behalf of, an
					 applicant for examination, licensure, registration or approval under the act or
					 this chapter will be subject to investigation by the Commission to confirm its
					 accuracy and truthfulness.
(b) An
					 applicant's knowing failure to provide accurate and truthful information in the
					 application, or in the statements and papers that accompany the application,
					 will be grounds for the Commission's denial of the application.
(c) A licensee's knowing failure to provide
					 accurate and truthful information in connection with an application for
					 examination, licensure, registration or approval under the act or this chapter
					 will be grounds for disciplinary action against the licensee.
The provisions of this §
													35.204 issued under the Real
						  Estate Licensing and Registration Act (63 P. S. §§
														455.101-455.902).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › LICENSURE REQUIREMENTS › Section 35.221 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to meeting the other requirements of this
						  subchapter pertaining to the specific license sought, an applicant for a
						  standard or reciprocal real estate license shall submit the following to the
						  Commission with the license application:
(1) The license fee prescribed in §
						35.203 (relating to fees).
(2)
						Complete details of a conviction of, or plea of guilty or nolo contendere to, a
						felony or misdemeanor and the sentence imposed. In the case of an applicant
						that is a corporation, partnership or association, this requirement applies to
						each member of the partnership or association and to each officer of the
						corporation.
(3) Written consent
						that valid and binding service of process may be made on the applicant by
						serving the Chairperson of the Commission and the Secretary of the Commonwealth
						if the service of process cannot be made on the applicant under 231 Pa. Code
						(relating to rules of civil procedure) for actions at law or in equity arising
						out of the applicant's real estate activities in this Commonwealth.
The provisions of this §
														35.221 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902); amended under sections 201,
							 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act
							 (63
							 P. S. §§
															455.201,
							 455.501,
							 455.601,
							 455.602 and
							 455.604).
This section cited in 49 Pa. Code §
														35.222 (relating to licensure as a
							 broker); 49 Pa. Code §
														35.223 (relating to licensure as
							 salesperson); 49 Pa. Code §
														35.224 (relating to licensure as
							 cemetary broker); 49 Pa. Code §
														35.225 (relating to licensure as
							 cemetery salesperson); 49 Pa. Code §
														35.226 (relating to licensure as
							 builder-owner salesperson); 49 Pa. Code §
														35.227 (relating to licensure as
							 rental listing referral agent); 49 Pa. Coce §
														35.228 (relating to licensure as
							 campground membership salesperson); and 49 Pa. Code §
														35.229 (relating to licensure as
							 time-share salesperson).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › LICENSURE REQUIREMENTS › Section 35.222 - Licensure as a broker

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						individual who wants to obtain a standard broker's license shall comply with
						§
												35.221 (relating to general
						requirements) and:
(1) Have scored a passing
						grade on each part of the broker's licensing examination within 3 years prior
						to submission of a properly completed license application except that an
						applicant who has been actively licensed as a broker by another state within
						the last 5 years shall take and pass only the Pennsylvania portion of the
						examination. See §
													35.271 (relating to examination
						for broker's license).
(2) Comply
						with §§
													35.241 and
						35.242 (relating to general office
						requirement; and office of broker or cemetery broker).
(3) Submit a completed application to the
						Commission with recommendations attesting to the applicant's good reputation
						for honesty, trustworthiness, integrity and competence from:
(i) One real estate broker holding either a
						current standard or reciprocal license issued by the Commission.
(ii) Two persons unrelated to the applicant
						who own property in the county where the applicant resides or has a place of
						business.
(iii) Two persons
						unrelated to the applicant who own property in the county where the applicant
						previously resided, if the applicant changed his county of residence within 1
						year prior to the submission of the application.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › LICENSURE REQUIREMENTS › Section 35.223 - Licensure as salesperson

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						individual who wants to obtain a standard salesperson's license shall comply
						with §
												35.221 (relating to general
						requirements) and:
(1) Have scored a passing
						grade on each part of the salesperson's licensing examination within 3 years
						prior to the submission of a properly completed license application except that
						an applicant who has been actively licensed as a broker or a salesperson by
						another state within the last 5 years shall take and pass only the Pennsylvania
						portion of the examination. See §
													35.272 (relating to examination
						for salesperson's license).
(2)
						Submit a completed license application to the Commission with:
(i) A sworn statement from the broker with
						whom the applicant desires to be affiliated:
(A) Attesting to the applicant's good
						reputation for honesty, trustworthiness, integrity and competence.
(B) Certifying that he will actively
						supervise and train the applicant.
(ii) Official transcripts evidencing the
						acquisition of degrees or course credits required by §
						35.272(a)(2).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › LICENSURE REQUIREMENTS › Section 35.224 - Licensure as cemetery broker

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						individual who wants to obtain a standard cemetery broker's license shall
						comply with §
												35.221 (relating to general
						requirements) and:
(1) Have scored a passing
						grade on each part of the salesperson's licensing examination within 3 years
						prior to submission of a properly completed license application except that an
						applicant who has been actively licensed as a cemetery broker by another state
						within the last 5 years shall take and pass only the Pennsylvania portion of
						the examination. See §
													35.273 (relating to examination
						for cemetery broker's license).
(2)
						Comply with §§
													35.241 and
						35.242 (relating to general office
						requirement; and office of broker or cemetery broker).
(3) Submit a completed application to the
						Commission with recommendations attesting to the applicant's good reputation
						for honesty, trustworthiness, integrity and competence from:
(i) One real estate broker holding either a
						current standard or reciprocal license issued by the Commission.
(ii) Two persons unrelated to the applicant
						who own property in the county where the applicant resides or has a place of
						business.
(iii) Two persons
						unrelated to the applicant who own property in the county where the applicant
						previously resided, if the applicant changed his county of residence within 1
						year prior to the submission of the application.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › LICENSURE REQUIREMENTS › Section 35.225 - Licensure as cemetery salesperson

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						An individual who wants to obtain a standard cemetery salespersons license
						shall comply with §
												35.221 (relating to general
						requirements) and:
(1) Be 18 years of age or
						older.
(2) Submit a completed
						license application to the Commission with a sworn affidavit from the broker or
						cemetery broker with whom the applicant will be affiliated:
(i) Attesting to the applicant's good
						reputation for honesty, integrity, trustworthiness and competence.
(ii) Certifying that he will actively
						supervise and train the applicant.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › LICENSURE REQUIREMENTS › Section 35.226 - Licensure as builder-owner salesperson

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual who wants to obtain a
						standard builder-owner salesperson's license shall comply with §
												35.221 (relating to general
						requirements) and:
(1) Have scored a passing
						grade on each part of the salesperson's licensing examination within 3 years
						prior to submission of a properly completed license application except that an
						applicant who has been actively licensed as a broker, salesperson or
						builder-owner salesperson by another state within the last 5 years shall take
						and pass only the Pennsylvania portion of the examination. See §
													35.274 (relating to examination
						for builder-owner salesperson's license).
(2) Submit a completed license application to
						the Commission with a sworn statement from a builder-owner:
(i) Attesting to the applicant's good
						reputation for honesty, trustworthiness, integrity and competence.
(ii) Certifying that he:
(A) Is a builder-owner of single or
						multifamily dwellings.
(B) Employs
						the applicant.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › LICENSURE REQUIREMENTS › Section 35.227 - Licensure as rental listing referral agent

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual who wants to obtain a
						standard rental listing referral agent's license shall comply with §
												35.221 (relating to general
						requirements) and:
(1) Have scored a passing
						grade on each part of the salesperson's examination within 3 years prior to
						submission of a properly completed license application except that an applicant
						who has been actively licensed as a broker, salesperson or rental listing
						referral agent by another state within the last 5 years shall take and pass
						only the Pennsylvania portion of the examination. See §
													35.275 (relating to examination
						for rental listing referral agent's license).
(2) Comply with §
													35.241 (relating to general office
						requirement).
(3) Submit a
						completed license application to the Commission.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › LICENSURE REQUIREMENTS › Section 35.228 - Licensure as campground membership salesperson

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual who wants to obtain a
						standard campground membership salesperson's license shall comply with §
												35.221 (relating to general
						requirements) and:
(1) Be 18 years of age or
						older.
(2) Have successfully
						completed the one-credit (15 hours), Commission-developed course titled
						Campground Membership Sales, provided the following conditions are met:
(i) The course was taken prior to onsite
						training.
(ii) The course was
						taught at an accredited college, university or institute of higher learning in
						this Commonwealth or a real estate education provider in this Commonwealth
						approved by the Commission.
(3) Have successfully completed 30 days of
						onsite training at a campground membership facility subject to the following
						conditions:
(i) The 30 days of onsite
						training shall be completed during a 90-day period within 3 years prior to the
						submission of a license application.
(ii) The trainee shall be actively supervised
						and trained by a broker.
(4) Submit a completed license application to
						the Commission with:
(i) An official
						transcript evidencing acquisition of the qualifying coursework or
						degree.
(ii) A sworn statement from
						the broker under whom the applicant received his onsite training certifying
						that he actively trained and supervised the applicant and providing other
						information regarding the onsite training as the Commission may
						require.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › LICENSURE REQUIREMENTS › Section 35.229 - Licensure as time-share salesperson

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual who wants to obtain a
						standard time-share salesperson's license shall comply with §
												35.221 (relating to general
						requirements) and:
(1) Be at least 18 years
						of age.
(2) Have successfully
						completed the two-credit (30 hours), Commission-developed course titled Time
						Share Sales, provided the following conditions are met:
(i) The course was taken prior to onsite
						training.
(ii) The course was
						taught at an accredited college, university or institute of higher learning in
						this Commonwealth or a real estate education provider in this Commonwealth
						approved by the Commission.
(3) Have successfully completed 30 days of
						onsite training at a time share facility subject to the following conditions:
(i) The 30 days of onsite training shall be
						completed during a 90-day period within 3 years prior to the submission of a
						license application.
(ii) The
						trainee shall be actively supervised and trained by a
						broker.
(4) Submit a
						completed license application to the Commission with:
(i) An official transcript evidencing
						acquisition of the qualifying coursework or degree.
(ii) A sworn statement from the broker under
						whom the applicant received his onsite training certifying that he actively
						trained and supervised the applicant and providing other information regarding
						the onsite training the Commission may require.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › OFFICES › Section 35.241 - General office requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						broker, cemetery broker, or rental listing referral agent shall maintain a main
						office in this Commonwealth unless he maintains a main office in another state
						where he holds the equivalent of a standard license.
(b) A broker, cemetery broker or rental
						listing referral agent may maintain more than one office in this Commonwealth.
						A branch office license is required for each additional office maintained by a
						broker or cemetery broker. See §
												35.243 (relating to licensure of
						branch office).
The provisions of this §
														35.241 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902); amended under sections 201,
							 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act
							 (63
							 P. S. §§
															455.201,
							 455.501,
							 455.601,
							 455.602 and
							 455.604).
This section cited in 49 Pa. Code §
														35.222 (relating to licensure as
							 broker); 49 Pa. Code §
														35.224 (relating to licensure as
							 cemetery broker); and 49 Pa. Code §
														35.227 (relating to licensure as
							 rental listing referral agent).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › OFFICES › Section 35.242 - Office of broker or cemetery broker

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The office of a broker or cemetery broker
						in this Commonwealth shall be devoted to the transaction of real estate
						business and be arranged to permit business to be conducted in
						privacy.
(b) If the office of a
						broker or cemetery broker in this Commonwealth is located in a private
						residence, the entrance to the office shall be separate from the entrance to
						the residence.
(c) The business
						name of the broker or cemetery broker, as designated on the license, shall be
						displayed prominently and in permanent fashion outside the office in this
						Commonwealth.
(d) A branch office
						operated by a broker or cemetery broker in this Commonwealth shall be in
						compliance with this section.
The provisions of this §
														35.242 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902); amended under sections 201,
							 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act
							 (63
							 P. S. §§
															455.201,
							 455.501,
							 455.601,
							 455.602 and
							 455.604).
This section cited in 49 Pa. Code §
														35.222 (relating to licensure as
							 broker); 49 Pa. Code §
														35.224 (relating to licensure as
							 cemetery broker); and 49 Pa. Code §
														43b.8 (relating to schedule of
							 civil penalties-real estate and cemetery brokers, real estate
							 schools).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › OFFICES › Section 35.243 - Licensure of branch office

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						broker or cemetery broker may not open a branch office in this Commonwealth
						without first obtaining a branch office license for that location from the
						Commission. A broker or cemetery broker who wants to obtain a Pennsylvania
						branch office license shall submit a completed license application to the
						Commission with the license fee prescribed in § 35.203 (relating to
						fees).
(b) A branch office license
						will be issued in the name under which the broker or cemetery broker is
						licensed to conduct business at the main office.
(c) A branch office license terminates
						automatically with the suspension, revocation or discontinuance, for whatever
						reason, of the license of the broker or cemetery broker to whom the branch
						office license was issued.
The provisions of this §
														35.243 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
This section cited in 49 Pa. Code §
														35.241 (relating to general office
							 requirement); and 49 Pa. Code §
														43b.8 (relating to schedule of
							 civil penalties-real estate and cemetery brokers, real estate
							 schools).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › OFFICES › Section 35.244 - Supervision and operation of office

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The main or branch office in this Commonwealth of a broker shall be under the
						direction and supervision of a broker or associate broker holding either a
						standard or reciprocal license.
(b)
						The main or branch office in this Commonwealth of a cemetery broker shall be
						under the direction and supervision of a broker, cemetery broker, associate
						broker or associate cemetery broker holding either a standard or reciprocal
						license.
(c) An associate broker,
						salesperson, cemetery salesperson, campground membership salesperson or
						time-share salesperson shall practice in affiliation with a broker holding
						either a reciprocal or standard license issued by the Commission.
(d) A branch office in this Commonwealth may
						not be operated in a manner that permits, or is intended to permit, an employee
						to carry on the business of the office for the employee's sole
						benefit.
(e) The office in this
						Commonwealth of a rental listing referral agent shall be under the direction
						and supervision of a rental listing referral agent holding either a standard or
						reciprocal license issued by the Commission. A rental listing referral agent
						may not supervise more than one office.
The provisions of this §
														35.244 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902); amended under sections 201,
							 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act
							 (63
							 P. S §§
															455.201,
							 455.501,
							 455.601,
							 455.602 and
							 455.604).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › OFFICES › Section 35.245 - Display of licenses in office

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Commencing with the 2006-2008 renewal period the current license of a broker,
						cemetery broker or rental listing referral agent and those licensees employed
						by or affiliated with that broker, cemetery broker or rental listing referral
						agent shall be maintained at the main office.
(b) A broker or cemetery broker shall
						maintain a list of licensees employed or affiliated with the broker or cemetery
						broker at the branch office out of which each licensee works.
The provisions of this §
														35.245 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902); amended under sections 201,
							 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act
							 (63
							 P. S. §§
															455.201,
							 455.501,
							 455.601,
							 455.602 and
							 455.604).
This section cited in 49 Pa. Code §
														43b.8 (relating to schedule of
							 civil penalties-real estate and cemetery brokers, real estate
							 schools).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › OFFICES › Section 35.246 - Inspection of office

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Routine inspections.
No more than four times a year during
						regular business hours, the Commission or its authorized representatives may
						conduct a routine inspection of the main office or branch office of a broker,
						cemetery broker or rental listing referral agent for the purpose of determining
						whether the office is being operated in compliance with the act and this
						chapter.
(b)
Special
						inspections.
In addition to the routine inspections authorized by
						subsection (a), the Commission or its authorized representatives may conduct a
						special inspection of a main or branch office:
(1) Upon a complaint or reasonable belief
						that the broker, cemetery broker or rental listing referral agent, or a
						licensed employe of a broker, cemetery broker or rental listing referral agent,
						has violated the act or this chapter.
(2) As a follow-up to a previous inspection
						that revealed the office's noncompliance with the act or this
						chapter.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › STATUS OF LICENSURE › Section 35.251 - Relicensure following revocation

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will not authorize relicensure of an
						  individual whose license has been revoked for at least 5 years following the
						  date revocation begins. After the 5-year period, the individual may petition
						  the Commission for relicensure. The decision to permit relicensure is within
						  the Commission's discretion. If relicensure is permitted, the individual shall
						  comply with current requirements for licensure before the license is
						  issued.
The provisions of this §
														35.251 issued under the Real
							 Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › STATUS OF LICENSURE › Section 35.252 - Termination of business of deceased broker with sole proprietorship

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 15 days
						following the death of a broker with a sole proprietorship, the deceased
						broker's estate shall notify the Commission that the estate has appointed
						another licensed broker to supervise the termination of the deceased broker's
						business. The appointment is subject to verification that the appointed broker
						has a current license.
(b) The
						appointed broker shall observe the following rules during the termination
						period:
(1) New listing agreements may not be
						entered into.
(2) Unexpired listing
						agreements may be promoted unless the seller or lessor elects to cancel the
						agreement. Unexpired listings will expire automatically 90 days after the
						broker dies and may not be renewed.
(3) Pending agreements of sale or lease may
						proceed to consummation.
(4) New
						licensees may not be hired.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › STATUS OF LICENSURE › Section 35.253 - Replacement of broker of record due to death

Current through Register Vol. 54, No. 28, July 13, 2024
Within 15 days following the death of a broker of
						  record, a partner or corporate officer shall file an application with the
						  Commission designating another individual to serve as broker of
						  record.
The provisions of this §
														35.253 issued under sections 402,
							 404, 404.1 and 513 of the Real Estate Licensing and Registration Act
							 (63
							 P. S. §§
															455.402,
							 455.404,
							 455.404a and
							 455.513).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › STATUS OF LICENSURE › Section 35.254 - Substitution of broker or broker of record due to illness or injury

Current through Register Vol. 54, No. 28, July 13, 2024
If a broker with a sole proprietorship or broker of
						  record is unable to act as a broker/broker of record due to illness or injury,
						  the broker's attorney or another with power of attorney for the broker in a
						  sole proprietorship, a corporate officer or partner shall notify the Commission
						  within 15 days that it has appointed another licensed broker to act as the
						  interim broker/broker of record for the corporation, partnership or sole
						  proprietorship until the broker/broker of record is able to resume his
						  responsibilities.
The provisions of this §
														35.254 issued under sections 402,
							 404, 404.1, and 513 of the Real Estate Licensing and Registration Act
							 (63
							 P. S. §§
															455.402,
							 455.404,
							 455.404a and
							 455.513).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter C - LICENSURE › STATUS OF LICENSURE › Section 35.255 - Reciprocal licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Renewal
. In addition to completing the application and paying
						the fee, a licensee applying for renewal of a reciprocal license shall provide
						the Commission with a certification that the license is current and in good
						standing from the state where the licensee has his principal place of
						business.
(b)
Reactivation
. A licensee who fails to renew a reciprocal
						license may reactivate the license without being reexamined provided that he
						holds the equivalent of a current standard license in the state where the
						licensee has his principal place of business.
(c)
Conversion to standard
						license
. A reciprocal licensee who designates his principal place of
						business as in this Commonwealth or who fails to maintain a current standard
						license in the state of his principal place of business shall notify the
						Commission within 30 days of the change. To continue to practice in this
						Commonwealth at the end of the renewal period, the reciprocal licensee shall
						obtain a standard license in accordance with the applicable requirements of
						this chapter. Thereafter, the standard licensee shall comply with the
						requirements for a standard license, including completion of the continuing
						education requirement.
The provisions of this §
														35.255 issued under sections 201,
							 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act
							 (63
							 P. S. §§
															455.201,
							 455.501,
							 455.601,
							 455.602 and
							 455.604).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter D - LICENSING EXAMINATIONS › Section 35.271 - Examination for broker's license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 individual who wants to take the broker's examination for a standard broker's
					 license shall:
(1) Be 21 years of age or
					 older.
(2) Be a high school
					 graduate or have passed a high school general education equivalency
					 examination.
(3) Have worked at
					 least 3 years as a licensed salesperson, with experience qualifications that
					 the Commission considers adequate for practice as a broker, or possess at least
					 3 years of other experience, education, or both, that the Commission considers
					 the equivalent of 3 years' experience as a licensed salesperson.
(4) Have acquired 16 credits, or 240 hours of
					 instruction, in professional real estate education as determined by the
					 Commission under subsection (b).
(5) Submit a completed examination
					 application to the Commission or its designee with:
(i) Official transcripts evidencing the
					 acquisition of course credits.
(ii)
					 A detailed resume of real estate activities performed by the candidate while
					 working as a salesperson and a sworn statement from the candidate's employing
					 broker confirming that these activities were performed if the candidate is a
					 licensed salesperson.
(iii) A
					 complete description of work experience and education that the candidate
					 considers relevant to the requirements of paragraph (3) if the candidate is not
					 a licensed salesperson.
(iv) A
					 certification from the real estate licensing authority of the jurisdiction in
					 which the candidate is licensed stating that the candidate had an active
					 license for each year that credits are claimed if the candidate is applying
					 brokerage experience to satisfy the professional education
					 requirement.
(v) The fee for review
					 of the candidate's qualifications to take the examination prescribed in §
													35.203 (relating to fees) and the
					 fees for administration of the examination.