Unit 2

PA Real Estate Comission

11 members 1 The Commissioner of Professional and Occupational Affairs 2 The Director of the Bureau of Consumer Protection 3,4,5 Three members of the public at large 6,7,8,9,10 -Five members, who are at the time of the appointment licensed and qualified real estate brokers of PA, 11 - A cemetery broker or a real estate broker practicing as a cemetery broker

Real Estate Commission Meetings

A quorum for the Real Estate Commission is a majority of its members. The commission elects its own chairman, vice-chairman and secretary from its own members. Any member who fails to attend three consecutive meetings will forfeit his seat unless the Commissioner of Professional and Occupational Affairs, upon written request from the member, finds that the member should be excused from a meeting because of illness or death of a family member.

Compensation

Each member of the commission except for the Commissioner of Professional and Occupational Affairs receives compensation of $60 per day for the time actually devoted to the business of the commission.

Public Meetings to be held by the Commission

In addition to the regularly scheduled meetings, the Real Estate Commission shall have three public meetings, one each, in the cities of Pittsburgh, Philadelphia and Harrisburg each year." The commissioners shall solicit from members of the public, suggestions, comments and objections about real estate practice in the Commonwealth at these meetings. At least 15 days prior to the meeting, the commission shall give public notice in a newspaper of public circulation in the city where the meeting will be held.

What is the Department?

The Department is the Department of State acting through the Commissioner of Professional Occupational Affairs. The Department is the administrative wing to the Commission. It is the duty of the Department to: Arrange for the services of professional testing services to write and administer examinations on behalf of the Commission with Commission guidance and approval. Issue license and registration certificates to any person who complied with the Real Estate Act.

Term of office for Real Estate Commissioners

The governor appoints the real estate commissioners. The term of each commissioner shall be five years from the appointment or until a successor has been appointed, not to exceed six months beyond the five year appointment. If a commissioner dies or resigns during the term, the governor shall appoint a new commissioner to the unexpired term.

Responsibilities of Real Estate Commission

Through the assistance of the Department of State, the Pennsylvania Real Estate Commission has the following responsibilities. The Commission: approves schools who seek to teach real estate courses. is empowered to prescribe the subjects to be tested. promulgates rules or regulations in order to administer and make effective the purposes of the Real Estate Act. adopts, promulgates and enforces rules and regulations consistent with the provisions of continuing education. approves courses, materials, locations and instructors for continuing education. informs licensees of the continuing education requirement prior to renewal time. administers and enforces the laws of Pennsylvania relating to: activities which require licensing and prosecutions for unauthorized or unlawful practices; activities involving cemeteries and cemetery companies and prosecutions for unauthorized or unlawful practices; activities involving campground memberships and prosecutions for unauthorized or unlawful practices. holds hearings to determine if any violation of the Act has occurred. conducts periodic inspections. prosecutes, adjudicates, fines and sanctions violators. sets fees as required, subject to review by the BPOA. Fees will be increased if not sufficient to match expenses over a two-year period. submits an annual report to the Professional License Committee of the House and to the Consumer Protection and Professional Licensure Committee of the senate. gives a description of the types of complaints received, a status of cases, actions taken and length of time from initial complaint to final resolution. prepares a budget request for the upcoming fiscal year 15 days after the Governor has submitted his budget to the General Assembly. has the ability to fine a civil penalty of up to $1000 on any current licensee or any person who acts as a licensee without the required license. administers and enforces the state laws relating to cemetery companies, campground memberships, and has the ability to prosecute for unauthorized or unlawful acts. revisits licensing standards in order to keep pace with the changes in the profession and advises the legislature about the proposed changes.

The Commissioner of Professional and Occupational Affairs

epresents the Bureau of Professional and Occupational Affairs. The Bureau was created in 1963 as part of the Department of State. Its purpose is to provide administrative, logistical and legal support services to the Pennsylvania Real Estate Commission in its function as a licensing board.

cemetary broker

or a real estate broker practicing as a cemetery broker for a period of at least 5 years and shall have been engaged in selling cemetery lots for at least ten years prior to the appointment by the governor. a person engaging in or carrying on the business in the capacity of a broker within the Commonwealth exclusively within the limited field or branch of business which applies to cemetery lots, plots and mausoleum spaces or openings.

The Director of the Bureau of Consumer Protection

represents the Bureau of Consumer Protection. The director may appoint a designee to serve for this position on the Real Estate Commission. The Bureau of Consumer Protection is authorized to: Investigate commercial and trade practices affecting consumers; Conduct studies, investigation and research affecting consumers' interests; Advise the legislature on matters of consumer interest; Investigate fraud and deception in the sale, servicing and furnishing of goods and products and strive to eliminate such illegal practices; Promote consumer education on consumer fraud, deception and misrepresentation.

3 members of public at large

shall be appointed by the governor.

5 PA Real Estate Brokers

who are at the time of the appointment licensed and qualified real estate brokers of PA, have engaged in the real estate business for a period of not less than 10 years prior to the appointment by the governor.