STATE OF WISCONSIN
Real Estate Examining Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
REAL ESTATE EXAMINING BOARD
PROPOSED ORDER OF THE REAL ESTATE EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Real Estate Examining Board to repeal REEB 25.023 (4) (a) 3. and 25.028 (1) (g) 1., 2., 3.; to renumber and amend REEB 25.028 (1) (g) (intro.); and to amend REEB 16.03 (1), 25.033 (14) (b) and 25.038 (5) (b) relating to obsolete cross references in real estate broker education and update real estate terminology.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
Each examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
The board shall after consultation with the council on real estate curriculum and examinations, promulgate rules establishing criteria for the approval of educational programs and training sessions under s. 452.09 (2) and approve such programs and sessions in accordance with the established criteria. The board shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice.
Related statute or rule: n/a
Plain language analysis:
This rule does not create new policy.
Section 1 corrects an inconsistency. In CR 16-042, s. REEB 16.03 (1) was amended to refer to forms for use for licensees, which would include both brokers and salespersons. This change created an inconsistency by creating a section which allowed salespersons to utilize all forms and a section allowing salespersons to utilize specific forms. This rule changes “licensees” to “brokers” restoring the rule to the Board’s intent and the practice in place prior to CR 16-042. Section 2 repeals the requirement that there be education on the policy manual required by REEB 17.08. REEB 17.08 was repealed by CR 16-042. This rule repeals the obsolete cross-reference. Sections 3 and 4 makes revisions to remove the introductory paragraph language and repeals the subdivisions. The requirement requires education on licensure and supervision of employees under REEB 17. These changes are a result of obsolete cross-references due to CR 16-042. Sections 5 and 6 update terminology from “broker” to “firm” consistent with 2015 Act 258. Summary of, and comparison with, existing or proposed federal regulation: None
Comparison with rules in adjacent states:
Illinois: Illinois does not have administrative rules regarding use of approved forms and does not use terminology relating to firm.
Iowa: Iowa does not have administrative rules regarding use of approved forms and does not use terminology relating to firm.
Michigan: Michigan does not have administrative rules regarding use of approved forms and does not use terminology relating to firm.
Minnesota: Minnesota does not have administrative rules regarding use of approved forms and does not use terminology relating to firm.
