GENERAL ASSEMBLY OF NORTH CAROLINA

1993 SESSION

 

 

CHAPTER 492

SENATE BILL 913

 

AN ACT TO REQUIRE ANNUAL CONTINUING EDUCATION FOR REAL ESTATE BROKERS AND SALESPERSONS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 93A of the General Statutes is amended by adding a new section to read:

"§ 93A-4A.  Continuing education.

(a)       The Commission shall establish a program of continuing education for real estate brokers and salespersons.  A person licensed as a real estate broker or salesperson must present evidence to the Commission upon the second license renewal following initial licensure, and every renewal thereafter, that during the 12 months preceding the annual license expiration date the person has completed eight classroom hours of real estate instruction in courses approved by the Commission.

(b)       The Commission shall establish procedures allowing for a deferral of continuing education for brokers and salespersons while they are not actively engaged in real estate brokerage.

(c)       The Commission may adopt any reasonable rules not inconsistent with this Chapter to give purpose and effect to the continuing education requirement, including rules that govern:

(1)       The content and subject matter of continuing education courses.

(2)       The curriculum of courses required.

(3)       The criteria, standards, and procedures for the approval of courses, course sponsors, and course instructors.

(4)       The methods of instruction.

(5)       The computation of course credit.

(6)       The ability to carry forward course credit from one year to another.

(7)       The deferral of continuing education for brokers and salespersons not engaged in brokerage.

(8)       The waiver of or variance from the continuing education requirement for hardship or other reasons.

(9)       The procedures for compliance and sanctions for noncompliance.

(d)       The Commission may establish a nonrefundable course application fee to be charged to a course sponsor for the review and approval of a proposed continuing education course.  The fee shall not exceed one hundred twenty-five dollars ($125.00) per course.  The Commission may charge the sponsor of an approved course a nonrefundable fee not to exceed seventy-five dollars ($75.00) for the annual renewal of course approval.

The Commission may also require a course sponsor to pay a fee for each licensee completing an approved continuing education course conducted by the sponsor.  The fee shall not exceed five dollars ($5.00) per licensee.

The Commission shall not charge a course application fee, a course renewal fee, or any other fee for a continuing education course sponsored by a community college, junior college, college, or university located in this State and accredited by the Southern Association of Colleges and Schools.

(e)       The Commission may award continuing education credit for an unapproved course or related educational activity.  The Commission may prescribe procedures for a licensee to submit information on an unapproved course or related educational activity for continuing education credit.  The Commission may charge a fee to the licensee for each course or activity submitted.  The fee shall not exceed fifty dollars ($50.00)."

Sec. 2.  G.S. 115D-5 is amended by adding a new subsection to read:

"( g)     Whenever a community college offers real estate continuing education courses pursuant to G.S. 93A-4A, the courses shall be offered on a self-supporting basis."

Sec. 3.  This act becomes effective upon ratification and applies to the renewal of real estate broker and salesperson licenses during 1995 and every year thereafter.

In the General Assembly read three times and ratified this the 23rd of July, 1993.

 

 

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Dennis A. Wicker

President of the Senate

 

 

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Daniel Blue, Jr.

Speaker of the House of Representatives