§ 5-20.5-6 — § 5-20.5-6. Duration and renewal of licenses — Continuing education rules and regulations — Suspension or revocation of licenses.

§ 5-20.5-6. Duration and renewal of licenses — Continuing education rules and regulations — Suspension or revocation of licenses.

(a) If the director is satisfied that the applicant is competent and trustworthy and is reasonably familiar with the statutes and law relating to real estate, he or she shall issue to the applicant a license to act as a real estate broker or a real estate salesperson. The director shall promulgate rules and regulations mandating the term of license for each category of license issued pursuant to this chapter. No license shall remain in force for a period in excess of three (3) years. Any fee for the initial issuance of a license or for renewal of a license issued pursuant to this chapter is determined by multiplying the current annual fee by the term of years of the license or renewal. The fee for the total number of years of the initial license or of the renewal shall be paid in full prior to the issuance of the respective license. The license shall be renewed upon payment of the renewal fee and proof of completion of any continuing education requirements as set forth in the rules and regulations issued by the department of business regulation. Any license issued or renewed may be suspended or revoked by the director, for cause, prior to the expiration date. The director shall issue reasonable rules and regulations with the consent of the majority of the Rhode Island real estate commission governing the conduct of licensed real estate brokers and salespersons. These rules and regulations shall be designed to implement the laws and policies of this state and to protect the interests of the public.

(b) Except as provided in subsection (d) of this section, all applicants for a renewal license for real estate brokers or real estate salespersons shall submit proof to the director that they have completed during the preceding two-year (2) period, a minimum of twenty-four (24) classroom hours of real estate oriented educational sessions or courses of instruction that have been previously approved by the director. A minimum of three (3) classroom hours shall be comprised of instruction about federal, Rhode Island, or local laws pertaining to fair housing and the treatment of any individual in a protected class as designated in chapter 37 of title 34.

(c) The license shall be renewed upon payment of the renewal fee and proof of completion of continuing education requirements as set forth in the rules and regulations issued by the department of business regulation. Any license issued or renewed may be suspended or revoked by the director, for cause, prior to the expiration date. The director shall issue reasonable rules and regulations with the consent of the majority of the Rhode Island real estate commission governing the conduct of licensed real estate brokers and salespersons. These rules and regulations shall be designed to implement the laws and policies of this state and to protect the interests of the public.

(d) Any rules or regulations promulgated with regard to the requirement of continuing education for the renewal of any real estate broker's or salesperson's license whose application for an initial broker's or salesperson's license is approved within one hundred eighty (180) days of the expiration date of his or her initial license is not subject to the continuing education requirement at the time of his or her first renewal. An attorney at law licensed by the supreme court of the state and granted a license pursuant to § 5-20.5-4(d) is not subject to the continuing education requirements. The director, after a due and proper hearing, may suspend, revoke, or refuse to renew any license upon proof that it was obtained by fraud or misrepresentation or that the holder of the license has been guilty of fraud or misrepresentation or criminal acts in the performance of his or her functions, or upon proof that the holder of the license has violated this statute or any rule or regulation issued pursuant to this statute.

(e) The director shall, for licenses issued or renewed after July 1, 2004, require proof of reasonable familiarity with and knowledge of duties and responsibilities established by the lead poisoning prevention act, chapter 24.6 of title 23, and the lead hazard mitigation act, chapter 128.1 of title 42. Notwithstanding the provisions of subsection (b) of this section, the requirements of this subsection shall apply to first renewals when licenses were initially issued before July 1, 2004. This subsection shall be put into force and effect by the director in the manner set forth in chapter 128.1 of title 42 and with the advice of the Rhode Island real estate commission.

Legislative History

P.L. 1973, ch. 215, § 2; P.L. 1981, ch. 249, § 1; P.L. 1987, ch. 184, § 1; P.L. 1990, ch. 479, § 1; P.L. 1991, ch. 218, § 1; P.L. 2002, ch. 187, § 1; P.L. 2002, ch. 188, § 1; P.L. 2011, ch. 102, § 1; P.L. 2011, ch. 113, § 1; P.L. 2021, ch. 211, § 1, effective January 1, 2022; P.L. 2021, ch. 322, § 1, effective January 1, 2022.