Section 35.246. Inspection of office

(a) Routine inspections. No more than four times a year during regular business hours, the Commission or its authorized representatives may conduct a routine inspection of the main office or branch office of a broker, cemetery broker or rental listing referral agent for the purpose of determining whether the office is being operated in compliance with the act and this chapter.

(b) Special inspections. In addition to the routine inspections authorized by subsection (a), the Commission or its authorized representatives may conduct a special inspection of a main or branch office:

(1) Upon a complaint or reasonable belief that the broker, cemetery broker or rental listing referral agent, or a licensed employe of a broker, cemetery broker or rental listing referral agent, has violated the act or this chapter.

(2) As a follow-up to a previous inspection that revealed the office’s noncompliance with the act or this chapter.

(c) Commission notice. Prior to the start of a routine or special inspection, the Commission or its authorized representatives will advise the broker, cemetery broker, rental listing referral agent or other licensee who may be in charge of the office at the time of the inspection that the inspection is being made under this section and is limited in scope by this section.

(d) Permissible Commission actions. During the course of a routine or special inspection, the Commission or its authorized representatives will be permitted to:

(1) Examine the records of the office pertaining to:

(i) Real estate transactions or rental listing referrals.

(ii) The corporation, partnership or association that holds a broker’s or cemetery broker’s license.

(2) Inspect all areas of the office.

(3) Interview the broker, cemetery broker, rental listing referral agent and other licensed or unlicensed employes who work in the office.

(4) Obtain the broker’s or cemetery broker’s written authorization to the bank or depository where the broker or cemetery broker maintains his escrow account that it may release copies of the records of the account to the Commission or its authorized representatives.

The provisions of this § 35.246 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904. Immediately preceding text appears at serial pages (135745) to (135746).

Notation

Authority

The provisions of this § 35.246 issued under the Real Estate Licensing and Registration Act (63 P. S. § § 455.101—455.902).

Cross References

This section cited in 49 Pa. Code § 35.286 (relating to retention and production of records); 49 Pa. Code § 35.325 (relating to escrow account); and 49 Pa. Code § 35.328 (relating to escrow records).