Real Estate Brokers and Salespersons


230-RICR-30-20-2 PROPOSED RULE

Title 230 Department of Business Regulation (includes the Office of the Health Insurance Commissioner)
Chapter 30 Commercial Licensing
Subchapter 20 Real Estate
Part 2 Real Estate Brokers and Salespersons
Type of Filing Amendment
Regulation Status Proposed View Active Rule
Filing Notice Date 11/05/2020
Public Comment Dates 11/05/2020 to 12/05/2020

Regulation Authority :

R.I. Gen. Laws § 5-20.5-6, 5-20.5-12, 5-20.5-19, 5-20.5-20, 5-20.5-26(a)(1)(v).

Purpose and Reason :

This regulation sets forth the licensing and conduct requirements for real estate brokers and salespersons in Rhode Island. Currently, in order to become licensed as a real estate salesperson or broker in Rhode Island, everyone was required to take an in-person pre-licensing classes pursuant to R.I. Gen. Laws § 5-20.5-4(b).  The salespersons pre-licensing course is 45 hours and the brokers pre-licensing course is 90 hours.  As a result of the Covid-19 pandemic, it became impossible for approved Real Estate Schools to offer pre-licensing courses in person.  In response to this problem, the Department temporarily granted permission for all pre-licensing courses to be remotely delivered through December 31, 2020.  Accordingly, DBR has decided to amend its regulation to permanently allow for remotely delivered pre-licensing courses, provided certain standards are met by the course provider. 

These amendments also add some clarity relative to continuing education (“CE”) requirements for the biennial renewal of real estate licenses.  DBR has allowed for remotely delivered instruction of CE courses but that was not included in the regulation.  The amendments include specific language allowing for remotely-delivered CE instruction and clarify the distinctions between remotely delivered pre-licensing instruction and remotely delivered CE instruction. 

The proposed amendments are as follows:

§ 2.2(A)(3) – Add a definition of “classroom,” the term used in RI Gen. Laws § 5-20.5-4 to describe the type of instruction required for real estate pre-licensing courses.  “Classroom” has been defined to include both in person and a live-virtual classroom.

§ 2.7 – Add “Pre-Licensing” to the title of the section for clarity.  Real Estate has both pre-licensing and continuing education requirements. This helps the reader distinguish between the different types of requirements. 

§ 2.7(D) – Add cross reference to new definition of “classroom.” Set forth requirements for both in-person and live-virtual classroom instruction.  Live-virtual classroom courses have extra requirements to ensure interaction between instructor and students.

§ 2.29(G)(6) – Amend current course approval requirements to reflect existing practices and to cross reference with new pre-licensing live-virtual classroom requirements.

§ 2.30(G) – Add language to codify existing DBR policy which allows for real estate continuing education (CE) courses to be taken online. This also helps to distinguish CE instruction from pre-licensing instruction. 

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Comments Received*

Received on November 5, 2020 by Tomas Avila

I’m in agreement with the amendments changing the pre-licensing course requirements to permit remotely delivered instruction and clarify requirements for CE courses taught online.. Based on the unprecedented pandemic were experiencing.

Notes by Reviewer :

Received on November 5, 2020 by Adam Osetek

I approve of this new regulation!

Notes by Reviewer :

Received on November 5, 2020 by Mary Coutu

I agree and I also like the requirements that the class be interactive and that the students will be monitored for their participation in the class.

Notes by Reviewer :

Received on November 5, 2020 by Richard Phipps

I have had great difficulty in locating the rules-regulation reference online pre licensing and continue education courses after more than 1 hour. Of course I'm looking forward to providing real estate education and information after applying for and having a Real Estate School approved in Rhode Island. It would be much easier to comment if the rule intended for review was high lighted in a manner of or provided by the link in such a way as to be able to directly access the text which is offer for a public comment. I will endorse or support the provision of Online Real Estate pre licensing and continue in education for ease of access by the public especially given the current Covid-19 Environment. Further I would recommend that School providing search education be allowed to publish verified student pass/fail ratio and be able to issue certificate of completion electronically to the Division or Examination Body.

Notes by Reviewer :

All information regarding the proposed amendments is available here: https://rules.sos.ri.gov/promulgations/part/230-30-20-2. This is the same website that was used to submit this comment. Click on the "Rulemaking Documents" tab (next to Comments) to download a PDF of the "Proposed Rule" which shows the proposed amendments in track changes. You can also click on the "Regulation" tab on the same page and then click on "Download Regulation."

Received on November 5, 2020 by Carol LaMontagne

This makes absolute sense especially during this unprecedented time!! It is the SAFE WAY and it shows that we are all watching out for each other...On Line is perfect...Good Luck!!!

Notes by Reviewer :

Received on November 5, 2020 by Sara Jacobson

I agree with this proposal! Schools, Colleges, Universities, and other programs are able to virtually attend their classes for credits and we should do the same. It's safe and we don't have to worry about any unexpected events outside of our control.

Notes by Reviewer :

Received on November 7, 2020 by Scott Blackledge

I am in agreement with the new proposed regulations.

Notes by Reviewer :

Received on November 9, 2020 by Kevin Dumont

I am in full agreement to allow Interactive Virtual Training for CE and Pre-License. As a Pre-Instructor for both I have a few comments: 2.7 D1 - 'The real estate school and its instructors shall' - I do no believe this should be left up to the instructors. This should be based on school policy how these rules are implemented. I believe Instructors should be left off the law. A school might make it it's policy to have an instructor do so, or they may have a staff person that would handle everything. 2.7 D1a - 'verify each student’s identity ... at the beginning of each session.' - If this is left up to an instructor as written, it is to much for an instructor to do at the beginning of a class. I can understand at time of Registration but for the instructor to confirm ID for each class may be an issue when you have 30-60+ Students in a class. Before a class starts we are often preparing for class or answering student questions. 2.7 D1c - 'Keep an attendance record for each course' - This should be left solely to the school, not the instructor. Another reason to remove instructor from the main section. 2.7D2b - 'Verify each student’s identity when they register for the course, at the beginning of each session and during each session.' - Same comments as above, but now you also added in during each session adding a bigger burden to the instructor and school. The other issue with Virtual is data security. How are we going to confirm someone's ID? The only way I can think of doing that would be to have them hold up their license to the camera for us to prove they are who they are, at what point anyone could take a screen shot causing a data security issue that could cause the instructor and school to be held liable. 2.7D General Thoughts - I hope that collecting the identity at time of registration would enough. It is more then we have been doing up until this point. Adding it the session itself could potential cause a time delay to the class, data security issues and an unnecessary burden on the instructors.

Notes by Reviewer :

*This count refers to the total comment submissions received on this document, as of 11:59 PM yesterday.
Note: Agencies review all submissions; however, some agencies may choose to withhold certain submissions such as those containing private or sensitive information, profane or threatening language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and the actual number of comments displayed on this page. For specific information about a comment you submitted, please contact the agency directly.