1. Senate Bill No. 99–Committee on Commerce and Labor

CHAPTER........

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:

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

  1. 645.343 1. In addition to the other requirements contained in this
  1. chapter, an applicant for an original real estate salesman’s license must
  1. furnish proof satisfactory to the real estate division that he has successfully
  1. completed a course of instruction in the principles, practices, procedures,
  1. law and ethics of real estate, which course may be an extension or
  1. correspondence course offered by the University and Community College
  1. System of Nevada, by any other accredited college or university or by any
  1. other college or school approved by the commission. The course of
  1. instruction must include the subject of disclosure of required information in
  1. real estate transactions, including instruction on methods a seller may use to
  1. obtain the required information.
  1. 2. An applicant for an original real estate broker’s or broker
  1. -salesman’s license must furnish proof satisfactory to the real estate division
  1. that he has successfully completed 45 semester units or the equivalent in
  1. quarter units of college level courses which include:
  1. (a) Three semester units or an equivalent number of quarter units in real
  1. estate law, including at least 18 classroom hours of the real estate law of
  1. Nevada and another course of equal length in the principles of real estate;
  1. (b) Nine semester units or the equivalent in quarter units of college level
  1. courses in real estate appraisal and business or economics; [and]
  1. (c) Nine semester units or the equivalent in quarter units of college level
  1. courses in real estate, business or economics [.] ; and
  1. (d) Three semester units or an equivalent number of quarter units in
  1. broker management.
  1. 3. On and after January 1, 1986, in addition to other requirements
  1. contained in this chapter, an applicant for an original real estate broker’s or
  1. broker-salesman’s license must furnish proof satisfactory to the real estate
  1. division that he has completed 64 semester units or the equivalent in
  1. quarter units of college level courses. This educational requirement
  1. includes and is not in addition to the requirements listed in subsection 2.
  1. 4. For the purposes of this section, each person holding a valid real
  1. estate salesman’s license under the provisions of this chapter is entitled to
  1. receive credit for the equivalent of 16 semester units of college level
  1. courses for each [two] 2 years of active experience he has as a licensed real
  2. estate salesman. This credit may not be applied against the requirement in
  1. subsection 2 for three semester units or an equivalent number of quarter
  1. units in broker management or 18 classroom hours of the real estate law
  1. of Nevada.
  1. 5. [The educational requirements of this section may be waived
  1. partially or completely by the commission if the applicant for an original
  1. real estate broker’s or broker-salesman’s license furnishes proof
  1. satisfactory to the commission that he resides in a rural county where
  1. educational resources are not available and where excess travel would work
  1. a hardship on the applicant in meeting the requirements.
  1. 6.] An applicant for a broker’s license pursuant to NRS 645.350 must
  1. meet the educational prerequisites applicable on the date his application is
  1. received by the real estate division.
  1. [7. For the purposes of]
  1. 6. As used in this section, "college level courses" are courses offered
  1. by any accredited college or university or by any other institution which
  1. meet the standards of education established by the commission. The
  1. commission may adopt regulations setting forth standards of education
  1. which are equivalent to the college level courses outlined in this subsection.
  1. The regulations may take into account the standard of instructors, the scope
  1. and content of the instruction, hours of instruction and such other criteria as
  1. the commission requires.

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

  1. 645.440 1. If the division, after an application for a license in proper
  1. form has been filed with it, accompanied by the proper fee, denies an
  1. application, the division shall give notice of the fact to the applicant within
  1. 15 days after its ruling, order or decision.
  1. 2. Upon written request from the applicant, filed within 30 days after
  1. receipt of that notice by the applicant, the president of the commission shall
  1. set the matter for a hearing to be conducted within 90 days after receipt of
  1. the applicant’s request if the request contains allegations which, if true [:
  1. (a) Qualify] , qualify the applicant for a license . [; or
  1. (b) Would entitle the applicant to a waiver of the education
  1. requirements of NRS 645.343.]
  1. 3. The hearing must be held at such time and place as the commission
  1. prescribes. At least 15 days before the date set for the hearing, the division
  1. shall notify the applicant and shall accompany the notification with an exact
  1. copy of any protest filed, together with copies of all communications,
  1. reports, affidavits or depositions in the possession of the division relevant
  1. to the matter in question. Written notice of the hearing may be served by
  1. delivery personally to the applicant, or by mailing it by certified mail to the
  1. last known address of the applicant.
  1. 4. The hearing may be held by the commission or by a majority
  1. [thereof,] of its members, and a hearing must be held, if the applicant so
  1. desires. A record of the proceedings, or any part thereof, must be made
  2. available to each party upon the payment to the division of the reasonable
  1. cost of transcription.
  1. 5. The commission shall render a written decision on any appeal within
  1. 60 days [from] after the final hearing and shall notify the parties to the
  1. proceedings, in writing, of its ruling, order or decision within 15 days after
  1. it is made.

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

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

refusal of a license.

Sec. 3. This act becomes effective on January 1, 2001.

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