1997 Minnesota Statutes

     82.22 Examinations. 

    Subdivision 1.    Generally.  Each applicant for a 
 license must pass an examination conducted by the commissioner.  
 The examinations shall be of sufficient scope to establish the 
 competency of the applicant to act as a real estate broker or a 
 real estate salesperson. 

    Subd. 2.    Broker's examination.  (a) The examination 
 for a real estate broker's license shall be more exacting than 
 that for a real estate salesperson, and shall require a higher 
 degree of knowledge of the fundamentals of real estate practice 
 and law. 

    (b) Every application for a broker's examination shall be 
 accompanied by proof that the applicant has had a minimum of two 
 years of actual experience within the previous five-year period 
 prior to application as a licensed real estate salesperson in 
 this or in another state having comparable requirements or is, 
 in the opinion of the commissioner, otherwise or similarly 
 qualified by reason of education or practical experience.  The 
 applicant shall have completed educational requirements in 
 accordance with subdivision 6.  An applicant for a limited 
 broker's license pursuant to section 82.20, subdivision 13, 
 shall not be required to have a minimum of two years of actual 
 experience as a real estate person in order to obtain a limited 
 broker's license to act as principal only. 

    Subd. 3.    Reexaminations.  An examination may be 
 required before the renewal of any license which has been 
 suspended, or before the issuance of a license to any person 
 whose license has been ineffective for a period of two years, 
 except no reexamination shall be required of any individual who 
 has failed to cause renewal of an existing license because of 
 absence from the state while on active duty with the armed 
 services of the United States of America, and no reexamination 
 shall be required of an individual whose license has not been 
 renewed under section 82.27, subdivision 7.  

    Subd. 4.    Examination frequency.  The commissioner 
 shall hold examinations at such times and places as the 
 commissioner may determine, except that said examinations will 
 be held at least every 45 days. 

    Subd. 5.    Period for application.  An applicant who 
 obtains an acceptable score on a salesperson's examination must 
 file an application and obtain the license within one year of 
 the date of successful completion of the examination or a second 
 examination must be taken to qualify for the license.  If a new 
 examination is required, prelicense education must be completed 
 in accordance with subdivision 6.  

    Subd. 6.    Instruction; new licenses.  (a) Every 
 applicant for a salesperson's license shall be required to 
 successfully complete a course of study in the real estate field 
 consisting of 30 hours of instruction approved by the 
 commissioner before taking the examination specified in 
 subdivision 1.  Every applicant for a salesperson's license 
 shall be required to successfully complete an additional course 
 of study in the real estate field consisting of 60 hours of 
 instruction approved by the commissioner, of which three hours 
 shall consist of training in state and federal fair housing 
 laws, regulations, and rules, and of which two hours must 
 consist of training in laws and regulations on agency 
 representation and disclosure, before filing an application for 
 the license.  Every salesperson shall, within one year of 
 licensure, be required to successfully complete a course of 
 study in the real estate field consisting of 30 hours of 
 instruction approved by the commissioner. 

    (b) The commissioner may approve courses of study in the 
 real estate field offered in educational institutions of higher 
 learning in this state or courses of study in the real estate 
 field developed by and offered under the auspices of the 
 national association of realtors, its affiliates, or private 
 real estate schools.  The commissioner shall not approve any 
 course offered by, sponsored by, or affiliated with any person 
 or company licensed to engage in the real estate business.  The 
 commissioner may by rule prescribe the curriculum and 
 qualification of those employed as instructors. 

    (c) An applicant for a broker's license must successfully 
 complete a course of study in the real estate field consisting 
 of 30 hours of instruction approved by the commissioner, of 
 which three hours shall consist of training in state and federal 
 fair housing laws, regulations, and rules.  The course must have 
 been completed within six months prior to the date of 
 application for the broker's license. 

    (d) An applicant for a real estate closing agent's license 
 must successfully complete a course of study relating to closing 
 services consisting of eight hours of instruction approved by 
 the commissioner. 

    Subd. 7. Repealed, 1993 c 309 s 32 

    Subd. 8.    Duration.  No renewal of a salesperson's 
 license shall be effective beyond a date two years after the 
 granting of such salesperson's license unless the salesperson 
 has furnished evidence of compliance with either subdivisions 6 
 or 7.  The commissioner shall cancel the license of any 
 salesperson who fails to comply with subdivisions 6 or 7. 

    Subd. 9.    Application.  Subdivisions 6 to 8 shall not 
 apply to salespeople licensed in Minnesota prior to July 1, 1969.

    Subd. 10.    Renewal; examination.  Except as provided 
 in subdivisions 3 and 7, no examination shall be required for 
 the renewal of any license, provided, however, any licensee 
 having been licensed as a broker or salesperson in the state of 
 Minnesota and who shall fail to renew the license for a period 
 of two years shall be required by the commissioner to again take 
 an examination. 

    Subd. 11.    Examination eligibility; revocation.  No 
 applicant shall be eligible to take any examination if a license 
 as a real estate broker or salesperson has been revoked in this 
 or any other state within two years of the date of the 
 application. 

    Subd. 12.    Reciprocity.  The requirements of this 
 section may be waived for individuals of other jurisdictions, 
 provided:  (1) a written reciprocal licensing agreement is in 
 effect between the commissioner and the licensing officials of 
 that jurisdiction, (2) the individual is licensed in that 
 jurisdiction, and (3) the licensing requirements of that 
 jurisdiction are substantially similar to the provisions of this 
 chapter. 

    Subd. 13.    Continuing education.  (a) After their 
 first renewal date, all real estate salespersons and all real 
 estate brokers shall be required to successfully complete 30 
 hours of real estate continuing education, either as a student 
 or a lecturer, in courses of study approved by the commissioner, 
 during each 24-month license period.  At least 15 of the 30 
 credit hours must be completed during the first 12 months of the 
 24-month licensing period.  Salespersons and brokers whose 
 initial license period extends more than 12 months are required 
 to complete 15 hours of real estate continuing education during 
 the initial license period.  Those licensees who will receive a 
 12-month license on July 1, 1995, because of the staggered 
 implementation schedule must complete 15 hours of real estate 
 continuing education as a requirement for renewal on July 1, 
 1996.  Licensees may not claim credit for continuing education 
 not actually completed as of the date their report of continuing 
 education compliance is filed. 

    (b) The commissioner shall adopt rules defining the 
 standards for course and instructor approval, and may adopt 
 rules for the proper administration of this subdivision.  The 
 commissioner may not approve a course which can be completed by 
 the student at home or outside the classroom without the 
 supervision of an instructor approved by the department of 
 commerce.  The commissioner has discretion to establish a pilot 
 program to explore delivery of accredited courses using new 
 delivery technology, including interactive technology.  This 
 pilot program expires on August 1, 2000. 

    (c) Any program approved by Minnesota continuing legal 
 education shall be approved by the commissioner of commerce for 
 continuing education for real estate brokers and salespeople if 
 the program or any part thereof relates to real estate.  

    (d) As part of the continuing education requirements of 
 this section, the commissioner shall require that all real 
 estate brokers and salespersons receive: 

    (1) at least two hours of training during each license 
 period in courses in laws or regulations on agency 
 representation and disclosure; and 

    (2) at least two hours of training during each license 
 period in courses in state and federal fair housing laws, 
 regulations, and rules, or other antidiscrimination laws. 

    Clause (1) does not apply to real estate salespersons and 
 real estate brokers engaged solely in the commercial real estate 
 business who file with the commissioner a verification of this 
 status along with the continuing education report required under 
 paragraph (a). 

    (e) The commissioner is authorized to establish a procedure 
 for renewal of course accreditation. 

    HIST: 1973 c 410 s 6; 1975 c 38 s 3,4; 1976 c 197 s 4; 1977 c 
 215 s 2,3; 1979 c 144 s 3; 1983 c 284 s 14; 1983 c 328 s 9; 1984 
 c 552 s 11-14; 1985 c 251 s 9; 1986 c 358 s 9-11; 1986 c 444; 
 1Sp1986 c 1 art 7 s 5; 1987 c 336 s 23; 1989 c 347 s 18-22; 1991 
 c 75 s 1,2; 1991 c 233 s 48-51; 1992 c 555 art 1 s 3; 1993 c 309 
 s 13,14; 1994 c 632 art 4 s 36,37; 1996 c 439 art 3 s 9; 1997 c 
 222 s 35