Section 35.273. Examination for cemetery broker’s license

(a) An individual who wants to take the salesperson’s examination for the purpose of obtaining a standard cemetery broker’s license shall:

(1) Be 21 years of age or older.

(2) Have worked at least 3 years as a licensed salesperson or cemetery salesperson, with experience qualifications that the Commission considers adequate for practice as a cemetery broker, or possess at least 3 years of other experience, education, or both, that the Commission considers the equivalent of 3 years’ experience as a licensed salesperson or cemetery salesperson.

(3) Have successfully completed four credits, or 60 hours of instruction, in basic real estate courses as determined by the Commission under subsection (b).

(4) Submit a completed examination application to the Commission or its designee with:

(i) Official transcripts evidencing the acquisition of degrees or course credits.

(ii) A detailed resume of real estate activities performed by the candidate while working as a salesperson or cemetery salesperson, and a sworn statement from the candidate’s employing broker confirming that these activities were performed if the candidate is a licensed salesperson or cemetery salesperson.

(iii) A complete description of work experience and education that the candidate considers relevant to the requirements of paragraph (2) if the candidate is not a licensed salesperson or cemetery salesperson.

(iv) The fee for review of the candidate’s qualifications to take the examination prescribed in § 35.203 (relating to fees) and the fee for administration of the examination.

(b) The Commission will apply the following standards in determining whether an examination candidate has met the education requirements of subsection (a)(3):

(1) A candidate who has obtained one of the following degrees will be deemed to have met the education requirement and will not be required to show completion of course work in specific areas of study:

(i) A bachelor’s degree with a major in real estate from an accredited college as defined in § 35.201 (relating to definitions).

(ii) A bachelor’s degree from an accredited college as defined in § 35.201, having completed course work equivalent to a major in real estate.

(iii) A juris doctor degree from an accredited law school.

(2) Credits will be allowed for Real Estate Fundamentals and Real Estate Practice, cemetery courses and all basic real estate courses when offered by:

(i) An accredited college as defined in § 35.201.

(ii) A real estate education provider who has met the approval requirements in § 35.341 (relating to approval of real estate education provider).

(iii) A real estate education provider outside this Commonwealth that has been approved by the real estate licensing authority of the jurisdiction where the real estate education provider is located. The course transcript or certificate of completion must state that the course is approved by the licensing authority of the jurisdiction where the real estate education provider is located.

(iv) A cemetery association outside this Commonwealth, if the course taught by the cemetery association is equivalent to a course taught by a real estate education provider in this Commonwealth approved by the Commission.

(3) Courses shall have been completed within 10 years prior to the date of successful completion of the licensing examination.

(c) A reciprocal licensee who is converting a reciprocal license to a standard cemetery broker’s license is exempt from subsection (a) and is only required to pass the state portion of the examination.

The provisions of this § 35.273 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 September 3, 2004, effective September 4, 2004, 34 Pa.B. 4883; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7647. Immediately preceding text appears at serial pages (312841) to (312843).

Notation

Authority

The provisions of this § 35.273 issued under the Real Estate Licensing and Registration Act (63 P. S. § § 455.101—455.902); amended under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a); amended under sections 201, 404.1, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § § 455.201, 455.404a, 455.501, 455.601, 455.602 and 455.604).

Cross References

This section cited in 49 Pa. Code § 35.224 (relating to licensure as cemetery broker).