Key reports, issues, and decisions of interest to licensees and/or the public are reported here from the most recent Commission meeting:
Commission Meeting of September 18, 2024
Pending Cases: The Commission entered into consent agreements to reprimand 1 licensee, suspend 12 licenses, accepted the permanent voluntary surrender of 5 licenses, ordered hearings in cases involving 5 licensees, and closed cases without action against 7 licensees.
License Applications Involving Character Issues: License applicants who have character issues such as prior criminal convictions or disciplinary actions by another licensing board are separately considered by the Commission. Decisions are based upon criminal background checks, information supplied by the applicant, and in-person interviews.
Total candidates considered: 19; total approved: 6; total approved with conditions: 4; continued: 7; withdrawn: 1; deferred: 1.
License Examination Results: If you are interested in reviewing the most recent statistics and pass rates regarding the North Carolina broker license examination, click here License Examination Results.
Spring Educator’s Conference: The Director of Education and Licensing reported that the 2025 Spring Educators Conference will be held at the McKimmon Center in Raleigh on Thursday, March 27. The theme is, “Raleighwood – How to be an Education Star!” and the fee will be $49. The Director of Education and Licensing noted that staff will work to increase the size of the event.
Update Instructor Seminars: The Assistant Director of Education and Licensing noted that the Education staff has conducted six of the 2024-25 Update Instructor Seminars. There are now 254 instructors who have an active update instructor status. There are two more scheduled Update Instructor Seminars, the first on December 3, 2024, and another on April 3, 2025. The Assistant Director of Education and Licensing and Director of Education and Licensing noted that most staff have also taken an in-house version of the Update Course, as have some Commission members.
NCREEA Fall Conference: The Director of Education and Licensing reported that the Fall NCREEA Conference will be in Cherokee, NC. Many of the Education staff will attend NCREEA. Also, certain members of Commission staff have been invited to conduct an Item Writing Workshop and several will also participate in a panel discussion about License Law and Commission rules. [NOTE: This event was subsequently cancelled due to severe weather impacts in Western North Carolina.]
Financial Report: The Commission received and reviewed the monthly Financial Report presented by the Chief Financial Officer for the period ending August 31, 2024.
Appeals: The Director of Regulatory Affairs reported that Ms. Joellen Shipman’s appeal case is being handled by an attorney from the NC Office of the Attorney General who is filing for a dismissal in light of Ms. Shipman’s failure to perfect their appeal. The appeal of the MV Realty case is also ongoing and is being handled by outside counsel in accordance with an agreement with the Attorney General’s Office.
Rulemaking: The Compliance Manager presented a memo outlining proposed rulemaking with a proposed schedule for those rules. The Director of Regulatory Affairs noted that there may be additional rulemaking tracks this year, including rule changes recommended by the BIC Span of Control Workgroup. The Compliance Manager stated that rulemaking takes 6-9 months to complete; they reviewed the schedule noting that it includes additional time to accommodate changes requested by the Commission, the Rules Review Commission, and the like. Staff compiled 17 recommendations received from Commission members, staff, and members of the public. The Compliance Manager reviewed the following proposed rulemaking topics, and the Commission took the actions indicated below:
| 21 NCAC 58A .0104 – Agency Agreements and Disclosure | Upon the motion of Ms. O’Connor, the Commission directed staff to draft proposed text in accordance with Recommendations 1-3. |
| 21 NCAC 58A .0106 – Delivery of Instruments | Upon the motion of Mr. Ramseur, the Commission directed staff to draft proposed text in accordance with Recommendation 4. |
| 21 NCAC 58A .0112 – Offers and Sales Contracts | Mr. Ramseur moved that the Commission make no change to the existing rule; he later withdrew the motion. Upon the motion of Ms. Mallette, the Commission voted to table discussion on Recommendation 5. |
| 21 NCAC 58A .0302 – License Application and Fee | Upon the motion of Ms. O’Connor, the Commission directed staff to draft bifurcated proposed text in accordance with Recommendation 6, one draft to prohibit an applicant from reapplying for licensure after a set period of time if their application is withdrawn after a Notice of Hearing has been issued, and a separate draft that would place a time limitation on the applicant’s ability to reapply if their application is denied following a hearing. Mr. Black, Mr. Fox, and Mr. Malarney voted against the motion. |
| 21 NCAC 58A .0502 – Firm Licensing | Upon the motion of Mr. Ramseur, the Commission directed staff to draft proposed text in accordance with Recommendation 7. Mr. Aceto voted against the motion. Upon the motion of Mr. Ramseur, the Commission directed staff to draft proposed text in accordance with Recommendation 8, the draft to provide that the rule would apply if a finding of probable cause has been made as to the pending disciplinary matter(s) in question. |
| 21 NCAC 58A .0503 – License Renewal | Upon the motion of Mr. Black, the Commission voted not to pursue Recommendation 9 at this time. Mr. Lindsey and Mr. Bullard voted against the motion. |
| 21 NCAC 58A .0615 – Settlements | Upon the motion of Mr. Ramseur, the Commission voted not to pursue Recommendation 10. Mr. Lindsey and Mr. Fox voted against the motion. |
| 21 NCAC 58H .0401 – Approval of Real Estate Education Courses 21 NCAC 58H .0402 – Continuing Education Elective Course Requitements | Upon the motion of Mr. Bullard, the Commission directed staff to draft proposed text in accordance with Recommendations 11 and 12. |
| 21 NCAC 58H .0206 – Advertising and Recruitment Activities | Upon the motion of Ms. O’Connor, the Commission directed staff to draft proposed text in accordance with Recommendation 13, the duration to be determined. |
| 21 NCAC 58H .0302 – Application and Criteria for Instructor Approval | Upon the motion of Mr. Black, the Commission directed staff to draft proposed text in accordance with Recommendation 14, including existing as well as new instructors. Mr. Ramseur, Ms. Mallette, and Mr. Aceto voted against the motion. |
| 21 NCAC 58A Section 1800 – Limited Non-resident Commercial Licensing | Upon the motion of Mr. Bullard, the Commission directed staff to draft proposed text in accordance with Recommendation 15. |
| 21 NCAC 58A .0511; NC Gen. Stat. § 93B-15.1 – Licensing Persons Licensed in Another Jurisdiction | Upon the motion of Mr. Lindsey, the Commission tabled discussion of Recommendation 16. |
| 21 NCAC 58A .1601 – Fair Housing and 21 NCAC 58A .0120 – Prohibited Acts | Upon the motion of Mr. Lindsey, the Commission directed staff to look at additional ways to strengthen education on, and enforcement of, Fair Housing violations. |
NAR Settlement-Article and Talking Points: The Commission approved the draft article, “Has the World Exploded? The NAR Settlement, Commission Law and Rules” for publication in the next eBulletin.
Executive Director Performance Evaluation Template: The Executive Director presented a draft template of the revised Executive Director performance evaluation which reviewed the Personnel Committee recommended for approval by the full Commission. Ms. O’Connor noted that the Performance Evaluation matches with the Executive Director’s job description. Upon a motion from Mr. Aceto, the Commission adopted the current Executive Director Performance Evaluation to be in place this calendar year. Mr. Aceto asked that the date approved be added to the Performance Evaluation.
Report on Recent Appearances and Speeches: The Executive Director and Director of Regulatory Affairs presented to the Greensboro Regional REALTORS® Association on September 4, 2024. Mr. Aceto and the Director of Regulatory Affairs presented to the Land of the Sky Association of REALTORS® on September 6, 2024. Mr. Aceto commended the Director of Regulatory Affairs on the presentation. Mr. Ramseur commended the presentation of Ms. Moody, Deputy Legal Counsel, to the NC Bar Association the week prior to the Commission meeting.
Report on License Numbers: As of September 1, 2024, there are 121,752 brokers and firms licensed by the Commission, as follows:
Active Full Brokers – 76,522
Active Provisional Brokers – 4,792
Brokers-in-Charge – 17,219
BIC Eligible Brokers – 6,599
Inactive Full Brokers – 17,234
Inactive Provisional Brokers – 6,026
Firms – 16,930
Limited Nonresident Commercial Brokers – 248
Next Commission Meeting: The next Commission meeting will be held at 9:00am, October 16, 2024, at the Sanderling Resort in Duck, NC and is open to the public. It can be viewed via Zoom online video.