Key reports, issues, and decisions of interest to licensees and/or the public are reported here from the most recent Commission meetings:
Pending Cases: Following a hearing, the Commission voted to permanently revoke one license; entered into a consent agreement to suspend one license; reconsidered and rescinded its previous decisions to order a hearing involving one licensee and instead closed its case without action; voted to extend the time within which one licensee must satisfy the conditions of the Consent Order previously entered into with the Commission; denied a request for an extension of time for one licensee to satisfy the conditions of the Consent Order previously entered into with the Commission; and approved the issuance of three broker licenses on provisional status under certain conditions.
Amendments to the Commission’s Rules: The Commission considered proposed changes to those Commission rules which were the subject of its December 14, 2016, rule-making hearing including both the annual and the education reform rulemaking packages. Staff reported that no written comments had been received as to the annual rulemaking, and reviewed with the Commission comments made about the education reform package. Staff noted additional proposed changes that had been made to particular rules since the public hearing. The Commission voted to adopt both rulemaking packages with certain changes. The rules may be viewed on the Commission’s website at: www.ncrec.gov/Pdfs/Rules/Annual_Rulemaking_Post.pdf and www.ncrec.gov/Pdfs/Rules/Education_Reform_Rulemaking_Post.pdf
Legislative Report: Staff reviewed with the Commission a bill draft that would provide that the inclusion of a road in a comprehensive transportation plan is not a material fact, and thereby exempt licensees from disclosing such pending road construction projects.
Materiality of Radon and Radon Mitigation Systems: Staff reviewed with the Commission a memo outlining considerations concerning radon gas and radon mitigation systems. The Commission voted to take the position that the mere presence of a mitigation system in a property is not a material fact. In addition, the Commission directed staff to include in the next rulemaking package consideration of adjusting the Residential Property and Owners Association Disclosure Form to include a question that simply asks if a mitigation system is present in the home.
Report on 2016 Renewal of Prelicensing and Postlicensing Course Instructor Approval: The Commission received and reviewed a report on the December 2016 renewal of approval of prelicensing and postlicensing instructors.
Report on CE Student Survey for the First Half of Fiscal Year 2016-2017: The Commission received and reviewed a report on the results of Continuing Education Student Surveys for the first half of the fiscal year.
License Applications Involving Character Issues: Applications for licenses from persons who have character issues such as prior criminal convictions or disciplinary action by another licensing board are separately reviewed by the Commission. Decisions are made based upon criminal background checks, information supplied by the applicant, and in-person interviews. Total candidates reviewed: 35; total approved: 16.
Continuing Education: The Commission approved one new Update Course instructor application, no new Update Course sponsor, three new elective courses, and 18 previously approved elective courses to be offered by other sponsors. As of December 31, 2016, there were 170 approved sponsors.
October License Examination Results: The Commission reviewed and discussed the License Examination Results Summaries setting out the passing rates for the license examination for the January 2016 - December 2016 period. A summary of key data relating to persons taking the examination for the first time is provided below:
Individuals Tested for the First Time
Took prelicense course
Hold license from another state
January 2016 through December 2016
January 2016 through December 2016
% Pass both sections
% Pass National section
% Pass State section
Emerging Trends: The Commission discussed the need for licensees to read the articles in its Real Estate Bulletin along with the section on recent disciplinary actions.
Report on License Numbers: The Commission was advised that as of January 1, 2017, the Commission has 98,861 brokers and firms, as follows:
Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, February 15, 2017, at Raleigh, North Carolina and is open to the public.