§ 20-319 — Disclosures re representation, agency relationships, confidentiality and fair housing. Regulations. Fee.

Connecticut § 20-319

• Jurisdiction: Connecticut
• Title 20: Professional and Occupational Licensing, Certification, Title Protection and Registration. Examining Boards
• Ch. 392: Real Estate Licensees

Text

(a) The commission shall authorize the department to issue a two-year renewal license to any applicant who possesses the qualifications specified in, and has otherwise complied with the provisions of, this chapter and any regulation adopted pursuant to this chapter. The commission shall authorize the department to issue a two-year renewal of a real estate broker's license to any business entity licensed pursuant to subsection (b) of section 20-312, provided such business entity: (1) Was so licensed as of September 30, 2005, notwithstanding the fact such business entity does not meet the requirements for publicly traded corporations required by subdivision (5) of subsection (b) of section 20-312, or (2) changes such business entity's designated broker pursuant to subsection (c) of section 20-312. (b) There are hereby established two-year renewal licenses to be issued by the department to real estate licensees. Each real estate licensee who files an application with the department seeking a two-year renewal license shall fulfill a continuing education requirement. Each applicant for a two-year renewal license shall, in addition to the other requirements imposed by the provisions of this chapter, submit to the commission or department proof that such applicant is in compliance with the continuing education requirements established in this section. Each real estate licensee shall pay a biennial eight-dollar continuing education processing fee to cover the administrative costs associated with reviewing and auditing continuing education submissions. The continuing education requirement for real estate licensees may be satisfied by successful completion of any of the following during the two-year period preceding a renewal: (1) A course or courses, approved by the commission or department, of continuing education in current real estate practices and licensing laws, including, but not limited to, practices and laws concerning common interest communities, consisting of not less than twelve hours of classroom study; or (2) a written examination prepared and administered by either the department, or by a national testing service approved by the department, which demonstrates a knowledge of current real estate practices and licensing laws; or (3) equivalent continuing educational experience or study as determined by regulations adopted pursuant to subsection (d) of this section. An applicant for examination under subdivision (2) of this subsection shall pay the required examination fee to the national testing service, if administered by such testing service, or to the department, if administered by the department. (c) If the commission or department refuses to grant a two-year renewal license, the licensee or applicant, upon written notice received as provided for in this chapter, may have recourse to any of the remedies provided by sections 20-314 and 20-322 . (d) The Commissioner of Consumer Protection, in consultation with the commission, shall adopt regulations, in accordance with chapter 54, to establish continuing education requirements. Such regulations shall include, but not be limited to: (1) Specifications for meeting equivalent continuing educational experience or study; and (2) exceptions from continuous education requirements for reasons of health or instances of individual hardship. (e) If a real estate licensee fails to satisfy the continuing education requirements established pursuant to this section for any two-year license period, the real estate licensee shall pay to the department a fee in the amount of: (1) Three hundred fifteen dollars if such licensee reports to the department, in a form and manner prescribed by the department, that such real estate licensee failed to satisfy such continuing education requirements during such license period but completed such continuing education requirements not later than two months after such license period expired; or (2) Six hundred twenty-five dollars if such licensee reports to the department, in a form and manner prescribed by the department, that such real estate licensee failed to satisfy such continuing education requirements during such license period but completed such continuing education requirements more than two months after such license period expired but not later than four months after such license period expired.

Legislative History

(1953, S. 2345d; P.A. 81-361, S. 22, 39; P.A. 83-472; P.A. 85-109; P.A. 88-329, S. 9, 15; P.A. 89-251, S. 126, 203; P.A. 90-332, S. 12, 32; P.A. 91-229, S. 10, 19; P.A. 93-354, S. 14, 54; P.A. 94-36, S. 41, 42; 94-240, S. 1, 14; P.A. 96-200, S. 12; P.A. 98-10, S. 14; P.A. 03-39, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 05-288, S. 85; P.A. 07-214, S. 3; P.A. 12-113, S. 5; P.A. 21-37, S. 28; P.A. 23-84, S. 15.) History: P.A. 81-361 amended section to allow the department to issue renewal licenses upon the authorization of the commission on and after July 1, 1981; P.A. 83-472 divided section into Subsecs., provided that no renewal license may be issued on or after May 1, 1986, unless the applicant demonstrates proficiency in real estate practices or takes approved continuing education courses in accordance with the requirements of Subsec. (a) and added Subsec. (c), requiring the commissioner of consumer protection to adopt regulations concerning guidelines for the approval of such courses; P.A. 85-109 clarified the standards for successful completion of the continuing education requirement, moving renewal license provisions from Subsec. (a) to Subsec. (b) and relettering remaining Subsecs. accordingly; P.A. 88-329 amended section to establish renewal and continuing education requirements for real estate appraisers and residential appraisers, effective July 1, 1989; P.A. 89-251 amended Subsec. (b) to increase processing fee from $6 to $8; P.A. 90-332 amended section to include references to the real estate appraisal commission, provisions re certification for general certified and residential certified appraisers, and added Subsec. (c) concerning education requirements for certified appraisers and relettered former Subsecs. (c) and (d) as (d) and (e) respectively; P.A. 91-229 deleted all references to general certified and residential certified appraisers, amended Subsec. (b) to require that applicants for the first renewal license after July 1, 1991, meet all the requirements necessary to conduct business in this state as well as all the requirements mandated by federal regulations, in Subsec. (c) substituted “the required hours” to be determined by the real estate appraisal commission or the appraiser qualifications board of the appraisal foundation for the reference to 20 hours of classroom study, and made technical changes; P.A. 93-354 amended Subsec. (b) to delete provisions re renewal of appraisers' licenses and continuing education requirements for renewal, deleted Subsec. (c) re continuing education requirements for certified appraisers, relettering Subsecs. (d) and (e) accordingly, and removed references to real estate appraisers and real estate appraisal commission throughout section, effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 94-240 in Subsec. (c) substituted “have recourse to” in lieu of “avail himself of”, effective July 1, 1994; P.A. 96-200 amended Subsec. (b) to substitute “salespersons” for “salesmen” and made a technical change; P.A. 98-10 made technical changes; P.A. 03-39 amended Subsec. (d) to prohibit disapproval of a school, institution, organization or course solely because it uses electronic means; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-288 made a technical change in Subsec. (b), effective July 13, 2005; P.A. 07-214 added provision in Subsec. (a) re commission's authorization for department to issue annual renewal of real estate broker's license subject to certain conditions, effective July 1, 2007; P.A. 12-113 amended Subsecs. (b)(1) and (d) by adding provisions re continuing education courses in current real estate practices and licensing laws to include practices and laws concerning common interest communities; P.A. 21-37 amended Subsec. (b) to change biennial $8 processing fee to annual $4 continuing education processing fee and added provision re covering administrative costs, effective June 4, 2021; P.A. 23-84 amended Subsec. (a) by requiring Connecticut Real Estate Commission to authorize Department of Consumer Protection to issue two-year renewal license, substantially amended Subsec. (b) including by establishing two-year renewal license, substituting references to real estate licensees for references to real estate brokers and real estate salespersons, requiring applicants to fulfill continuing education requirement and substituting biennial eight-dollar continuing education processing fee for annual four-dollar fee, substantially amended Subsec. (d) by substituting provision re establishment of continuing education requirements for provisions re school and course approval and eliminating provision prohibiting disapproval for school offering course, or course offered, by electronic means, added Subsec. (e) establishing differential fee re failure to complete required continuing education, and made technical and conforming changes throughout, effective April 1, 2024.