Brief Description: The Real Estate Commission proposes to update various regulations relating to examination, admission, application, licensure requirements, renewal notice, profession title, classroom and virtual course requirements, instructor approval, and definitions; to be more consistent with current times and processes.
The Real Estate Commission (Commission) proposes to adopt regulation changes in Title 12, Chapter 64 of the Alaska Administrative Code including the following:
- 12 AAC 64.010. Examination, is proposed to change the processes for application by examination for real estate salesperson or broker.
- 12 AAC 64.040. Admission to examination, is proposed to update the notification processes for admission to examination; to be more consistent with current times.
- 12 AAC 64.059. Review of license applications, is proposed to change the age and employment experience requirements for an applicant to qualify for an associate broker or broker licensure, and to conform with current statutory requirements.
- 12 AAC 64.060. Applications for licensure, is proposed to remove outdated regulations.
- 12 AAC 64.061. License by endorsement, is proposed to update the contents for licensure requirements; to be more consistent with current times and processes, and to conform with current statutory requirements.
- 12 AAC 64.071. License renewal, is proposed to update the renewal reminder notice processes to be more consistent with current times.
- 12 AAC 64.075. Employment and transfer, is proposed to update the language to be more consistent with current times and processes.
- 12 AAC 64.077. Broker authorization of license applications, is proposed to require an applicant applying to work in a branch office to submit the employing broker information form of the application; and update the language to be more consistent with current times and processes.
- 12 AAC 64.130. Grounds for revocation or suspension, is proposed to change “agent” to “licensee”.
- 12 AAC 64.135. Inspections or audits of records and accounts, is proposed to change “agent” to “licensee”.
- 12 AAC 64.410. Minimum classroom and virtual course requirements, is proposed to add the option of virtual courses and establish requirements for virtual course delivery and attendance; and update the language to be more consistent with current times and processes.
- 12 AAC 64.430. Correspondence courses, is proposed to update the language to be more consistent with current times and processes.
- 12 AAC 64.440. Instructor approval, is proposed to add an additional requirement for instructor applicants to have no disciplinary action within the last five years by any real estate regulating authority or professional real estate association; and to update contact information for the organizations listed in the editor’s note.
- 12 AAC 64.990. Definitions, is proposed to add a definition for “virtual course”.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Commission will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/202341, and using the comment link. The comments must be received not later than 4:30 p.m. on June 4, 2021. Comments received after this deadline will not be considered by the Commission.
You may submit written questions relevant to the proposed action to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Commission will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Commission’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/RealEstateCommission.aspx. The Commission may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than May 28, 2021 to ensure that any necessary accommodation can be provided.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/REC-0421.pdf.
After the public comment period ends, the Commission will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.
Statutory Authority: AS 08.88.051; AS 08.88.061; AS 08.88.071; AS 08.88.081; AS 08.88.091; AS 08.88.095; AS 08.88.111; AS 08.88.171; AS 08.88.191; AS 08.88.251; AS 08.88.263; AS 08.88.291; AS 08.88.311; AS 08.88.351; AS 08.88.401; AS 44.33.020
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.88.051; AS 08.88.061; AS 08.88.071; AS 08.88.081; AS 08.88.091; AS 08.88.095; AS 08.88.111; AS 08.88.171; AS 08.88.191; AS 08.88.251; AS 08.88.263; AS 08.88.291; AS 08.88.311; AS 08.88.351; AS 08.88.401; AS 44.33.020
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: 5/3/2021
Jun Maiquis, Regulations Specialist
Division of Corporations, Business and Professional Licensing
For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.
ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Real Estate Commission – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.
2. General subject of regulation: Examinations, admission, licensure requirements, renewal notice, profession title, employment and transfer, classroom and virtual course requirements, instructor approval, and definitions.
3. Citation of regulation: 12 AAC 64.010 through 12 AAC 64.990.
4. Department of Law file number: To be assigned.
5. Reason for the proposed action: Update and clarification of current regulations; compliance with state statutes.
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Estimated annual cost to comply with the proposed action to:
A private person: None known.
Another state agency: None known.
A municipality: None known.
8. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2021 or in subsequent years.
9. The name of the contact person for the regulation:
Shyla Consalo, Executive Administrator
Alaska Real Estate Commission
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 269-8197
E-mail: shyla.consalo@alaska.gov
10. The origin of the proposed action: Real Estate Commission.
11. Date: 5/3/2021
Prepared by: Jun Maiquis
Regulations Specialist