Substantive Policy Statement 2012.01
Description of Practice/Procedure:
The Arizona Department of Real Estate (Department) presents the following clarification of the requirements for Broker Management Clinic (BMC) classes and instructors under the Department’s original jurisdiction and as provided by amendments adopted by the 2012 Legislature. This legislation provides that on and after January 1, 2013, each real estate Designated Broker (DB) and Delegated Associate Broker (DAB) with duties authorized in writing pursuant to A.R.S. § 32-2151.01(G) to act on the designated broker’s behalf to review and initial contracts or similar instruments, shall complete a BMC consisting of nine (9) credit hours (three (3) courses of three (3) hours each). This brings the total renewal credit hours required for these licensees to 30 per 24-month license period.
REAL ESTATE BROKER LICENSING/RENEWAL REQUIREMENTS
Original broker license applicants who have not completed the licensing process prior to January 1, 2013, shall take the nine (9) hour BMC course prior to becoming licensed brokers pursuant to A.R.S. § 32-2136(C).
Associate Brokers (AB) without the authority pursuant to A.R.S. § 32-2151.01(G) are not required to complete a BMC course to meet the renewal requirements.
Designated Brokers subject to this legislation who complete the current BMC continuing education requirements prior to January 1, 2013, are exempt pursuant to A.A.C. R4-28-402(A)(9) and may renew their license without meeting the new BMC course requirements.
DABs subject to this legislation who complete their current continuing education requirements prior to January 1, 2013, are exempt pursuant to A.A.C. R4-28-402 (A) (9) and may renew their license without meeting the new BMC course requirements.
Designated Brokers subject to this legislation who do not complete the current continuing education requirements by January 1, 2013, must complete a nine (9) hour BMC course.
DABs subject to this legislation who do not complete the current continuing education requirements by January 1, 2013, must complete a nine (9) hour BMC course.
An AB applying to become a DB on or after January 1, 2013, shall have completed a nine (9) hour BMC course within the past 23 months.
An AB shall have completed a nine (9) hour BMC course within the past 23 months before acting under the delegated authority pursuant to A.R.S. § 32-2151.01(G) on or after January 1, 2013.
Real Estate Salespersons and ABs who are delegated the authority to act as a temporary broker during a designated broker’s temporary absence pursuant to A.R.S. § 32-2127(D) are not required to complete a BMC course to meet the requirements of A.R.S. § 32-2136.
Licensees may take the three BMC classes in any order, and from any combination of approved schools within any discipline, however all three classes must be completed for the current license period.
Authority: A.R.S. § 32-2102 provides that the Department of Real Estate, under the direction of the Real Estate Commissioner, shall administer Title 32, Chapter 20. A.R.S. § 32-2130 specifies the educational requirements for license renewal. A.R.S. § 32-2136 specifies the content of Broker Management Clinics. Arizona Administrative Code R4-28-402(A)(9) specifies the requirements for course completion.
Policy Program: Education
Effective Date: August 1, 2012