Commission Meeting of November 16, 2022

Pending Cases: The Commission entered into consent agreements to suspend 10 licenses, left cases pending involving 2 licensees, reprimanded 2 licenses, approved the issuance of 1 license on provisional status, continued consideration in a case involving 2 licensees, closed cases without action against 5 licensees, and ordered hearings in cases involving 22 licensees. Following a hearing, the Commission permanently revoked 1license.

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: 10; total approved: 8.

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

October 2022

November 2021

through October 2022

October 2022

November 2021

through October 2022

# Tested





% Pass both sections





% Pass National section





% Pass State section





Draft Rule Text : Staff reviewed with the Commission the text for proposed amendments to Commission rules. Staff indicated that rule text would need to be adopted by the Commission by January 18 in order to publish any proposed rule changes for public comment in time for a July 1, 2022 effective date.

Rule NumberCurrent Rule NamePossible revisions
21 NCAC 58A .0104Agency Agreements and DisclosureAfter discussion, the Commission directed staff to make revisions to the rule that would prohibit brokers from lending money to future clients in exchange for future listings. Staff will bring revised language to the December meeting.
21 NCAC 58A .0113Reporting Criminal Convictions and Disciplinary ActionsMr. Malarney asked staff to research the use of the term court-martial versus courts-martial.
21 NCAC 58A .0114Residential Property and Owners’ Association DisclosureMr. Black suggested that the Instructions to Brokers at the top of page 9 include language to the effect that a broker shall discover and disclose any material facts about the subject property that the broker knows or reasonable should know. Mr. Lawing would like to replace the word “considered” in question 2 to, “designated” or something similar denoting that an official determination has been made. As to the questions relating to the heat and cooling sources, Ms. O’Connor suggested addressing whether the age relates to the entire unit or a component of the unit and add a space for explanation when necessary. Ms. O’Connor and Mr. Black suggested that question 21 be separated into two questions: 1) Is the dwelling equipped with an elevator, and 2) Is there any problem, malfunction, or defect with any component of the elevator system. Ms. Baer is going to reach out to Mr. Jim Slaughter regarding his suggestion to eliminate question 37 from the disclosure. She will report back to the Commission at the December meeting.
21 NCAC 58A .0301Original License ApplicationMs. Baer suggested removing the word “original” from line 12 of page 15.
21 NCAC 58A .0505Reinstatement of a LicenseMr. Malarney noted that line 29 may need a space between “post” and “licensing”. Ms. Baer suggested removing the word “original” from line 2 of page 18.
21 NCAC 58A .1705Attendance and Participation RequirementsNo revisions.
21 NCAC 58A .1708Equivalent CreditNo revisions.
21 NCAC 58A .1711Continuing Education Required of Nonresident BrokersNo revisions.
21 NCAC 58B .0202Public Offering Statement SummaryNo revisions.
21 NCAC 58H .0202Application for Education Provider CertificationNo revisions.
21 NCAC 58H .0216Limited Education Provider Petition for ReconsiderationNo revisions.
21 NCAC 58H .0302Application and Criteria for Instructor ApprovalNo revisions.
21 NCAC 58H .0307Limited Instructor Petition for ReconsiderationNo revisions.

General Update and BICUP Course Topics: Staff reviewed with the Commission the list of possible 2023-2024 Update course topics based upon suggestions provided by Commission members, staff, licensees, educators, and the Education Advisory Committee to date. The Commission suggested adding the updated Diversity Equity and Inclusion (DEI) Statement in the course material, and always including a topic related to DEI and/or Fair Housing, adding more information about permits under material facts or renovations as staff determines useful, and in the BICUP, including information about the 14-day requirement to respond to Letters of Inquiry from the Commission. The Commission suggested reducing the number of the Top Frequently Asked Questions from Licensees and the Top Complaints to better assure there is sufficient time for the content.

Larry A. Outlaw Excellence in Education Award: The Director of Education and Licensing presented the proposed criteria for the 2023 Larry A. Outlaw Excellence in Education Award and the nomination guidelines, noting that it was unchanged from the prior year. The Commission accepted the criteria and process for the award. Staff will begin seeking nominations in December.

Educators Conference: The Director of Education and Licensing reviewed with the Commission the proposed budget and agenda for the Educators Conference that is scheduled for on March 21, 2023. The Commission accepted the proposed budget and agenda for the Educators Conference, except that the Commission reduced the registration fee to $49.00.

Report on License Numbers: As of November 1, 2022, there are 123,707 brokers and firms licensed by the Commission, as follows:

  • Active Brokers 82,263
  • Active Provisional Brokers 5,792
  • Brokers-in-Charge 17,612
  • BIC-Eligible Brokers 5,621
  • Inactive Brokers 24,960
  • Inactive Provisional Brokers 7,161
  • Firms 16,212
  • Limited Nonresident Commercial Brokers 272

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday December 14, 2022, in the Commission’s office in Raleigh and is open to the public. It also can be viewed via Zoom online video.