Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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49 Pa. Code § 35.223. Licensure as salesperson.

§ 35.223. Licensure as salesperson.

 (a)  An individual who wants to obtain a standard salesperson’s license shall comply with §  35.221 (relating to general requirements) and:

   (1)  Have scored a passing grade on each part of the salesperson’s licensing examination within 3 years prior to the submission of a properly completed license application except that an applicant who has been actively licensed as a broker or a salesperson by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See §  35.272 (relating to examination for salesperson’s license).

   (2)  Submit a completed license application to the Commission with:

     (i)   A sworn statement from the broker with whom the applicant desires to be affiliated:

       (A)   Attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence.

       (B)   Certifying that he will actively supervise and train the applicant.

     (ii)   Official transcripts evidencing the acquisition of degrees or course credits required by §  35.272(a)(2).

 (b)  An individual who wants to obtain a reciprocal salesperson’s license shall comply with §  35.221 and:

   (1)  Possess a current broker’s or salesperson’s license issued by another state that agrees to issue a license to a standard Pennsylvania licensee without further requirement or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state which would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.

   (2)  Submit a completed license application to the Commission with a verified statement that:

     (i)   To the applicant’s knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either the Commonwealth or another state.

     (ii)   The applicant has reviewed, is familiar with and agrees to be bound by the act and this chapter.

     (iii)   The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.

   (3)  Submit a certification from the real estate licensing authority of the other state:

     (i)   Confirming that the applicant’s license is active and in good standing.

     (ii)   Describing any past disciplinary action taken by the licensing authority against the applicant.

     (iii)   Listing the applicant’s office address and the name of the applicant’s employing broker.

   (4)  Submit a sworn statement from a standard or reciprocal broker with whom the applicant will be affiliated:

     (i)   Attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence.

     (ii)   Certifying that the applicant will be actively supervised and trained by the broker.

Authority

   The provisions of this §  35.223 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.223 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (308325) to (308326).



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