Senate Bill No. 99–Committee on Commerce and Labor

(On Behalf of Real Estate Division)

February 4, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Revises educational requirements for obtaining original real estate broker’s or broker-salesman’s license. (BDR 54-740)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to real estate; revising the educational requirements for obtaining an original real estate broker’s or broker-salesman’s license; abolishing the authority of the real estate commission to waive those requirements for applicants in rural areas; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 645.343 is hereby amended to read as follows:

1-2 645.343 1. In addition to the other requirements contained in this

1-3 chapter, an applicant for an original real estate salesman’s license must

1-4 furnish proof satisfactory to the real estate division that he has successfully

1-5 completed a course of instruction in the principles, practices, procedures,

1-6 law and ethics of real estate, which course may be an extension or

1-7 correspondence course offered by the University and Community College

1-8 System of Nevada, by any other accredited college or university or by any

1-9 other college or school approved by the commission. The course of

1-10 instruction must include the subject of disclosure of required information in

1-11 real estate transactions, including instruction on methods a seller may use to

1-12 obtain the required information.

1-13 2. An applicant for an original real estate broker’s or broker-

1-14 salesman’s license must furnish proof satisfactory to the real estate division that he has successfully 1-15 completed 45 semester units or the equivalent in

1-16 quarter units of college level courses which include:

2-1 (a) Three semester units or an equivalent number of quarter units in real

2-2 estate law, including at least 18 classroom hours of the real estate law of

2-3 Nevada and another course of equal length in the principles of real estate;

2-4 (b) Nine semester units or the equivalent in quarter units of college level

courses in real estate appraisal and business or economics; [and]

2-5 (c) Nine semester units or the equivalent in quarter units of college level

courses in real estate, business or economics [.] ; and

2-6 (d) Three semester units or an equivalent number of quarter units in

2-7 broker management.

3. On and after January 1, 1986, in addition to other requirements

2-8 contained in this chapter, an applicant for an original real estate broker’s or

broker-salesman’s license must furnish proof satisfactory to the real estate

2-9 division that he has completed 64 semester units or the equivalent in

2-10 quarter units of college level courses. This educational requirement

includes and is not in addition to the requirements listed in subsection 2.

2-11 4. For the purposes of this section, each person holding a valid real

estate salesman’s license under the provisions of this chapter is entitled to

2-12 receive credit for the equivalent of 16 semester units of college level

2-13 courses for each [two] 2 years of active experience he has as a licensed real

estate salesman. This credit may not be applied against the requirement in

2-14 subsection 2 for three semester units or an equivalent number of quarter

units in broker management or 18 classroom hours of the real estate law

2-15 of Nevada.

2-16 5. [The educational requirements of this section may be waived partially

or completely by the commission if the applicant for an original real estate

2-17 broker’s or broker-salesman’s license furnishes proof satisfactory to the

commission that he resides in a rural county where educational resources

2-18 are not available and where excess travel would work a hardship on the

2-19 applicant in meeting the requirements.

6.] An applicant for a broker’s license pursuant to NRS 645.350 must

2-20 meet the educational prerequisites applicable on the date his application is

received by the real estate division.

2-21 [7. For the purposes of]

2-22 6. As used in this section, "college level courses" are courses offered

by any accredited college or university or by any other institution which

2-23 meet the standards of education established by the commission. The

commission may adopt regulations setting forth standards of education

2-24 which are equivalent to the college level courses outlined in this subsection.

2-25 The regulations may take into account the standard of instructors, the scope

and content of the instruction, hours of instruction and such other criteria as

2-26 the commission requires.

2-27 Sec. 2. NRS 645.440 is hereby amended to read as follows:

2-28 645.440 1. If the division, after an application for a license in proper

form has been filed with it, accompanied by the proper fee, denies an

2-29 application, the division shall give notice of the fact to the applicant within

15 days after its ruling, order or decision.

2-30 2. Upon written request from the applicant, filed within 30 days after

2-31 receipt of that notice by the applicant, the president of the commission shall

set the matter for a hearing to be conducted within 90 days after receipt of

2-32 the applicant’s request if the request contains allegations which, if true [:

(a) Qualify] , qualify the applicant for a license . [; or

2-33 (b) Would entitle the applicant to a waiver of the education

2-34 requirements of NRS 645.343.]

3. The hearing must be held at such time and place as the commission

2-35 prescribes. At least 15 days before the date set for the hearing, the division

shall notify the applicant and shall accompany the notification with an exact

2-36 copy of any protest filed, together with copies of all communications,

2-37 reports, affidavits or depositions in the possession of the division relevant

to the matter in question. Written notice of the hearing may be served by

2-38 delivery personally to the applicant, or by mailing it by certified mail to the

last known address of the applicant.

2-39 4. The hearing may be held by the commission or by a majority

2-40 [thereof,] of its members, and a hearing must be held, if the applicant so

desires. A record of the proceedings, or any part thereof, must be made

2-41 available to each party upon the payment to the division of the reasonable

cost of transcription.

2-42 5. The commission shall render a written decision on any appeal within

2-43 60 days [from] after the final hearing and shall notify the parties to the

proceedings, in writing, of its ruling, order or decision within 15 days after

2-44 it is made.

6. [Where] If an applicant has made a false statement of material fact

2-45 on his application, the false statement may in itself be sufficient ground for

2-46 refusal of a license.

Sec. 3. This act becomes effective upon passage and approval.

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