Real Estate Brokers and Salespersons
|Title||230||Department of Business Regulation (includes the Office of the Health Insurance Commissioner)|
|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.