R E A L E S T A T E C O M M I S S I O N
TITLE 11. INSURANCE
CHAPTER 5. REAL ESTATE COMMISSION
Chapter Authority
N.J.S.A. 45:15-6, 45:15-10.4, 45:15-16.49, 45:15-17(t) and 45:15-17.4; and P.L. 2009, c. 238.
C h a p t e r S o u r ce a n d E ffe c t ive D a t e
R . 2 00 9 d .2 87 , e ffe c t ive A u g u s t 2 7, 2 00 9 .
S e e : 4 1 N . J . R . 13 81 (a ), 41 N .J . R . 3 44 0( a) .
C h a p t e r E x p ir a t io n D at e
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 5, Real Estate Commission, expires on August 27, 2016. See: 43 N.J.R. 1203(a).
Chapter Historical Note
Chapter 5, Real Estate Commission, was filed and became effective prior to September 1, 1969. Pursuant to Executive Order No. 66(1978), Chapter 5 expired on August 2, 1983.
Chapter 5, Real Estate Commission, was adopted as new rules by R.1983 d.471, effective November 7, 1983. See: 15 N.J.R. 1343(a), 15 N.J.R. 1865(c).
Pursuant to Executive Order No. 66(1978), Chapter 5, Real Estate Commission, was readopted as R.1988 d.555, effec-tive October 28, 1988. See: 20 N.J.R. 2184(a), 20 N.J.R. 3019(a).
Subchapter 2, Organizational Rules, was adopted as R.1989 d.258, effective April 19, 1989. See: 21 N.J.R. 1364(a).
Subchapter 3, Petitions for Rulemaking, Subchapter 4, Proceedings before the Commission, and Subchapter 5, Appeals of Initial Denials of Licensing Applications, were adopted as R.1989 d.429, effective August 21, 1989. See: 21 N.J.R. 1315(a), 21 N.J.R. 2524(a).
Subchapter 6, Rules Interpreting and Implementing the Real Estate Sales Full Disclosure Act, N.J.S.A. 45:15-16.27 et seq., was adopted as R.1990 d.455, effective September 17, 1990. See: 22 N.J.R. 1421(a),
11:5-1.2
recodified as Subchapter 9; Subchapter 3, Petitions for Rulemaking, was recodified as Subchapter 10; Subchapter 4, Proceedings before the Commission, was recodified as Subchapter 11, Procedures on Disciplinary Actions, Contested Applications, Declaratory Ruling Requests; and Subchapter 5, Appeals of Initial Denials of Licensing Applications, was recodified as section 11.10. See: 30 N.J.R. 2333(a), 30 N.J.R. 3646(a).
Chapter 5, Real Estate Commission, was readopted as R.2004 d.130, effective March 5, 2004. See: 35 N.J.R. 4812(a), 36 N.J.R. 1780(a).
Subchapter 9A, Rules Interpreting and Implementing the New Jersey Real Estate Timeshare Act, N.J.S.A. 45:15-16.50 et seq.. was adopted as new rules by R.2009 d.222, effective July 6, 2009. See:
N.J.R. 3944(a), 41 N.J.R. 2663(a).
Chapter 5, Real Estate Commission, was readopted as R.2009 d.287, effective August 27, 2009. See: Source and Effective Date. See, also, section annotations.
Subchapter 12, Continuing Education, was adopted as new rules by R.2011 d.184, effective July 18, 2011. See: 43 N.J.R. 369(a), 43 N.J.R. 1592(a).
SUBCHAP _LER 1. ORGANIZATIONAL RULES
11:5-1.1 Commission responsibilities
The Real Estate Commission is responsible for the supervi- sion and regulation of the education, examination and licensing of real estate brokers, broker-salespersons, salespersons, and re- ferral agents; the regulation of the sale or lease of out- o f-State properties to New Jersey residents through promotional activi- ties in New Jersey; the investigation and adjudication of disci- plinary actions against licensees; and the administration of the Real Estate Guaranty Fund.
Amended by R.2012 d.006, effective January 3, 2012. See: 43 N.J.R. 1791(a), 44 N.J.R. 86(b). Substituted “, broker-salespersons,” for “and” following “brokers”, “State” for “state” and a semicolon for a comma following the second occurrence of “New Jersey” and following “licensees”, and inserted “and referral agents
11:5-1.2 Organization of the Commission
22 N.J.R. 2969(d).
Pursuant to Executive Order No. 66(1978), Chapter 5, Real Estate Commission, was readopted as R.1993 d.552, effec-tive October 15, 1993. See: 25 N.J.R. 3597(b), 25 N.J.R. 5229(a).
Pursuant to Executive Order No. 66(1978), Chapter 5, Real Estate Commission, was readopted as R.1998 d.497, effec-tive September 14, 1998. As a part of R.1998 d.497, effective October 5, 1998, sections 1.1 through 1.44 of Subchapter 1, Rules and Regulations, were recodified as Subchapter 2, Education; Subchapter 3, Licensing; Subchapter 4, Employment Practices/Office and Licensee Supervision; Subchapter 5, Trust Accounts/Records of Brokerage Activity; Subchapter 6, Conduct of Business; Subchapter 7, Prohibited Activities; and Subchapter 8, Disciplinary Actions/Conditions for Restoration of License/Real Estate Guaranty Fund Claims. Also as a part of R.1998 d.497, effective October 5, 1998, Subchapter 2, Organizational Rules, was recodified as Subchapter 1; Subchapter 6, Rules Interpreting and Implementing the Real Estate Sales Full DisclosureAct, N.J.S.A. 45:15-16.27 et seq., was
The organizational chart Commission is as follows:
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