Notice is hereby given that the North Carolina Real Estate Commission, pursuant to the authority vested in it by Sections 93A-3(c), 93A-4(d), 93A-33, 15OA-11 and 150A-16 of the General Statutes of North Carolina, proposes to amend and repeal certain rules contained in Title 21, Chapter 58 of the North Carolina Administrative Code, to be effective May 1, 1984.
More specifically, the Real Estate Commission proposes to:
Repeal Rule .0102 concerning branch offices.
Make technical amendments in Rule .0103 concerning licensee changes of address or business name.
Replace the term "designated broker" with the term "broker-in-charge"; define the term "real estate office"; and require the broker-in-charge to supervise the salesmen in his office in Rule .0110.
Make technical amendments in Rule .0301 concerning the real estate license application form.
Make technical amendments in Rule .0302 concerning the receipt of applications.
Amend Rule .0501 concerning the character of applicants for licensure to eliminate unnecessary repetition of the licensing statutes.
Amend Rule .0504 to revise procedure for issuance of original salesmen's licenses.1
Make technical amendments to Rule .0507 concerning the payment of license fees.
Repeal Rule .0508 concerning duplicate license fees.2
Amend Rule .0601 to establish minimum requirements for pleadings in contested cases before the Commission and to eliminate unnecessary repetition of the General Statutes.
Repeal Rule .0603 concerning requests for hearings.
Repeal Rule .0604 concerning notices of hearings in contested cases to eliminate unnecessary repetition of the General Statutes.
Repeal Rule .0605 concerning hearing officers in contested cases to eliminate unnecessary repetition of the General Statutes.
Repeal Rule .0606 concerning the consequences of a party's failure to appear at a hearing in a contested case to eliminate unnecessary repetition of the General Statutes.
Make technical amendments in Rule .0607 concerning petitions to reopen contested cases.
Repeal Rule .0608 concerning answers to complaints to eliminate repetition of, and inconsistencies with, the General Statutes.
Make technical amendments in Rule .0609 concerning intervention in contested cases.
Amend Rule .0610 concerning subpoenas to eliminate unnecessary repetition of the General Statutes and to clarify the Commission I s policy toward subpoenas.
Amend Rule .0701 to simplify the requirements for petitions for rule-making and to place the disposition of all such petitions with the Commission.
Repeal Rule .0702 concerning the disposition of petitions for rulemaking.
Repeal Rule .0703 concerning requests for information from the Commission.
Repeal Rule .0801 concerning requests to participate in Commission rule-making to eliminate unnecessary repetition of the General Statutes.
Amend Rule .0802 to liberalize the restrictions on written submissions from the public to the Commission concerning rule-making.
Repeal Rule .0804 concerning statements of reasons for rule making to eliminate unnecessary repetition of the General Statutes.
Repeal Rule .0901 concerning the subjects of declaratory rulings by the Commission to eliminate unnecessary repetition of the General Statutes.
Amend Rule .0902 to simplify requirements for requests for declaratory rulings and to place the disposition of such requests with the Commission.
Repeal Rule .0903 concerning the disposition of requests for declaratory rulings.
Repeal Rule .0904 concerning applicability of declaratory rulings to eliminate unnecessary repetition of the General Statutes.
Notice is also given that any person interested in the Commission's proposals may present oral or written comments relevant to the action proposed at a public rule-making hearing to be held at 9:00 a.m. on the day of March 16, 1984, at the Commission's office at 1200 Navaho Drive, Raleigh, North Carolina
Written comments not presented at the public hearing should be directed so as to be delivered no later than March 16, 1984, to the North Carolina Real Estate Commission, P.O. Box 17100, Raleigh, North Carolina 27619
The amended rules proposed by the Commission are available for public inspection and requests for copies of the proposed amendments shall be in writing and delivered to the Commission's office in Raleigh.
This the 20th day of February. 1984.
Thomas R. Miller
Deputy Legal Counsel
Administrative Procedures Coordinator
1. Under the proposed rule, all salesman licenses would be initially issued on Inactive License Status pending notification from the salesman of the name/address of the salesman's supervising broker. No fee would be charged to activate and issue an original salesman license.
2. The current $1.00 fee would no longer be charged to replace a lost or destroyed license.