STATE OF WISCONSIN
REAL ESTATE EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : REAL ESTATE EXAMINING BOARD
REAL ESTATE EXAMINING BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE 19-128)
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ORDER
An order of the Real Estate Examining Board to repeal REEB 25.028 (2) (g) 5., 25.033 (18) (j), and 25.038 (7) (e) relating to obsolete references to rental unit energy efficiency standards in curriculum.
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 profession. [s. 15.08 (5) (b), Stats.] 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. [s. 452.05 (1) (c) , Stats.] The board shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice. [s. 452.07 (1), Stats.] Related statute or rule:
Chapter SPS 367, in which the Department of Safety and Professional Services established rental unit efficiency standards. The authorizing statute for this rule, s. 101.122, Stats., was repealed effective December 1, 2018 by 2017 Act 59. Chapter SPS 367 was then repealed by CR 18-056. Plain language analysis:
The Real Estate Examining Board rules currently require pre-licensure education to include instruction relating to rental unit energy efficiency standards. This rule revision removes these references to rental unit energy efficiency standards which have been rendered obsolete by the repeal of ch. SPS 367. Summary of, and comparison with, existing or proposed federal regulation:
The federal government does not regulate the pre-licensure educational requirements for members of the real estate profession.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
The Real Estate Examining Board held a preliminary public hearing on the Statement of Scope on March 21, 2019. No one testified or submitted written comments.
Comparison with rules in adjacent states:
Illinois: Illinois does not require applicants for real estate licenses to be educated in rental unit energy efficiency standards.
Iowa: Iowa does not require applicants for real estate licenses to be educated in rental unit energy efficiency standards.
Michigan: Michigan does not require applicants for real estate licenses to be educated in rental unit energy efficiency standards.
Minnesota: Minnesota does not require applicants for licensure to be educated in rental unit energy efficiency standards.
Summary of factual data and analytical methodologies:
The Board reviewed REEB 25 in light of the repeal of SPS 367 and determined that the obsolete references to rental unit energy efficiency standards should be repealed.
