Section 35.224. Licensure as cemetery broker

(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 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (308326) to (308327).

Notation

Authority

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).