§ 2906 — Powers and duties

Delaware § 2906

• Jurisdiction: Delaware
• Title: 24
• Ch. 29: REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS
• Subch.: General Provisions

Text

(a) The Commission shall have the authority to:

(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act, Chapter 101 of Title 29. Each rule or regulation shall implement or clarify a specific section of this chapter.

(2) Approve the forms to be used under this chapter or as directed by other statutory provisions.

(3) Establish the qualifications for licensure and evaluate the credentials of all applicants for a license to practice real estate services, in order to determine whether such applicants meet the qualifications set forth in this chapter.

(4) Grant licenses to, and renew licenses of, all individuals who meet the qualifications for licensure and renewal.

(5) Establish and administer the criteria and standards by rule and regulation for instructors, schools of real estate and course providers.

(6) Establish by rule and regulation prelicensing and continuing education standards required for licensure and license renewal.

(7) Perform random audits of continuing education credits submitted by licensees for license renewal.

(8) Evaluate certified records to determine whether an applicant for licensure who previously has been licensed, certified or registered in another jurisdiction to practice real estate services has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses.

(9) Refer all complaints from licensees and the general public concerning individuals licensed in this chapter or concerning practices of the Commission or of the profession, to the Division for investigation pursuant to § 8735 of Title 29 and assign a member of the Commission to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.

(10) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29.

(11) Designate and impose the appropriate sanction or penalty where it has been determined after a hearing that penalties or sanctions should be imposed.

(12) Order compensation from the Real Estate Guaranty Fund, when, after a hearing, the Commission finds in favor of an aggrieved party, pursuant to § 2922 of this title.

(13) Issue cease and desist orders and impose fines for unlicensed practice, as specified in the rules and regulations and in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) The Division shall contract with a nationally recognized testing service for the preparation and grading of a written examination for the licensing of real estate service providers. The Commission may appoint a committee to review the written examination to establish its relevancy and accuracy for licensure in this State.

(c) The Commission shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of providing real estate services.

Legislative History

35 Del. Laws, c. 63, §§ 2, 13 ; 37 Del. Laws, c. 44, § 1 ; Code 1935, § 5485; 24 Del. C. 1953, § 2905; 57 Del. Laws, c. 151 ; 57 Del. Laws, c. 741, § 28A ; 67 Del. Laws, c. 121, §§ 4, 5 ; 67 Del. Laws, c. 144, § 5 ; 67 Del. Laws, c. 381, §§ 3, 4 ; 74 Del. Laws, c. 262, § 55 ; 78 Del. Laws, c. 166, § 1