Commission Meeting of May 20, 2020

Key reports, issues, and decisions of interest to licensees and/or the public are reported here from the most recent Commission meetings:

Pending Cases: The Commission entered into consent agreements to suspend three licenses; reprimanded one licensee; closed its case without action against five licensees; and ordered hearings in cases involving five licensees.

License Applications Involving Character Issues: License applicants who have character issues such as prior criminal convictions or disciplinary action by another licensing board are separately considered by the Commission. Decisions are made based upon criminal background checks, information supplied by the applicant, and in-person interviews.
Total candidates considered: 6; total approved: 6.

License Examination Results: A summary of key data relating to persons taking the exam for the first time is provided below:

Individuals Tested for the First Time

Took prelicense course

Hold license from another state

April 2020

May 2019

through April 2020

April 2020

May 2019

through April 2020

# Tested





% Pass both sections





% Pass National section





% Pass State section





Emergency Rule 21 NCAC 58G .0106: The Rules Review Commission approved the emergency rule 21 NCAC 58G .0106. As such, the moratorium on in-person delivery of courses will continue through June 30, 2020, and synchronous distance delivery of the Update Course will be permitted until August 1, 2020.

Adoption of Rules 21 NCAC 58G .0104 and .0105: The Commission voted to adopt temporary Rules 21 NCAC 58G .0104 and .0105. In light of the Commission’s vote, the rules will be submitted to the Rules Review Commission (RRC) for consideration at its June 18, 2020 meeting. If approved by RRC, the rules will be effective for 270 days or until repealed or replaced.

Legislative Report: The Commission reviewed the Legislative Report noting bills that are currently pending or passed by the General Assembly and that relate to real estate brokerage, occupational licensing, or other matters of interest to the Commission.

Progress of Renewals: Staff reported as of May 20, 2020, 28% of licensees had renewed their licenses as compared to 25% at the same time last year and 24% the year before.

Response to Objections to Rule 21 NCAC 58H .0401: The Commission reviewed objections filed by certain education providers with the Rules Review Commission (RRC) asking for the removal of all requirements for ARELLO/IDECC certification of distance courses from Rule H .0401, or in the alternative, a review by the Office of State Budget and Management as whether a fiscal note is required. After considering various options outlined by Staff in a May 19, 2020 memo, the Commission voted to remove the provisions addressing ARELLO/IDECC certification requirements from the rule, i.e., deleting sections (d)(6), (e)(8), and (i).

Deadline Extension for Synchronous Course Approval Applications: The Commission voted to extend the deadline for synchronous course approval applications to September 30, 2020.

Standards for Distance and Synchronous Course Approval Applications: The Commission approved draft standards for distance and synchronous courses and directed staff to begin drafting rules based upon the standards for the Commission’s consideration. Staff indicated that the goal will be to have draft rules for preliminary Commission consideration no later than its July meeting.

Housing Voucher Programs – Potential for Disparate Impact: Upon the motion of Mr. Lindsey, the Commission voted to include in the 2020-2021 Update Course, in the section on Fair Housing, a limited discussion concerning the potential for disparate impact in connection with the denial of housing voucher programs.

Report on License Numbers: As of May 1, 2020, there are 114,251 brokers and firms licensed by the Commission, as follows:

  • Active Brokers 74,889
  • Active Provisional Brokers 7,229
  • Brokers-in-Charge 17,508
  • BIC-Eligible Brokers 4,251
  • Inactive Brokers 25,015
  • Inactive Provisional Brokers 7,984
  • Firms 14,055
  • Limited Nonresident Commercial Brokers 292

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, June 17, 2020, via Zoom online video.