Current through Register Vol. 54, No. 44, November 2, 2024
(a) An individual who wants to obtain a
standard cemetery broker'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 submission of a properly completed license application except that an
applicant who has been actively licensed as a cemetery broker by another state
within the last 5 years shall take and pass only the Pennsylvania portion of
the examination. See §
35.273 (relating to examination
for cemetery broker's license).
(2)
Comply with §§
35.241 and
35.242 (relating to general office
requirement; and office of broker or cemetery broker).
(3) Submit a completed application to the
Commission with recommendations attesting to the applicant's good reputation
for honesty, trustworthiness, integrity and competence from:
(i) One real estate broker holding either a
current standard or reciprocal license issued by the Commission.
(ii) Two persons unrelated to the applicant
who own property in the county where the applicant resides or has a place of
business.
(iii) Two persons
unrelated to the applicant who own property in the county where the applicant
previously resided, if the applicant changed his county of residence within 1
year prior to the submission of the application.
(b) An individual who wants to obtain a
reciprocal cemetery broker's license shall comply with § 35.221 and:
(1) Possess a current cemetery broker's
license issued by a 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 that 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) Comply with § 35.241 and §
35.242.
(3) 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
this 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.
(4) If the
applicant will be acting as an associate cemetery broker, submit a sworn
statement from the 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.
(5) 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.
(c) A partnership, association or
corporation that wants to obtain a standard cemetery broker's license shall:
(1) Ensure that each member of the
partnership, association or each officer of the corporation, who intends to
engage in the real estate business possesses a standard license as a broker or
cemetery broker issued by the Commission.
(2) Designate an individual who is licensed
by the Commission as a broker or cemetery broker to serve as broker of
record.
(3) Comply with
§§ 35.241 and 35.242.
(4)
Submit a complete license application to the Commission.
(d) A partnership, association or corporation
that wants to obtain a reciprocal cemetery broker's license shall:
(1) Ensure that each member of the
partnership, association or each officer of the corporation, who intends to
engage in the real estate business possesses a standard or reciprocal license
as a broker or cemetery broker issued by the Commission.
(2) Designate a broker or cemetery broker
holding a standard or reciprocal license to serve as broker of
record.
(3) Comply with
§§ 35.241 and 35.242.
(4)
Submit a complete license application to the Commission.
The provisions of this §35.224 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).