Delaware Code Title 24 Sec. 2906 – Powers and duties
(a) The Commission shall have the authority to:
(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act, Chapter 101 of Title 29. Each rule or regulation shall implement or clarify a specific section of this chapter.
(2) Approve the forms to be used under this chapter or as directed by other statutory provisions.
(3) Establish the qualifications for licensure and evaluate the credentials of all applicants for a license to practice real estate services, in order to determine whether such applicants meet the qualifications set forth in this chapter.
(4) Grant licenses to, and renew licenses of, all individuals who meet the qualifications for licensure and renewal.
(5) Establish and administer the criteria and standards by rule and regulation for instructors, schools of real estate and course providers.
(6) Establish by rule and regulation prelicensing and continuing education standards required for licensure and license renewal.
(7) Perform random audits of continuing education credits submitted by licensees for license renewal.
(8) Evaluate certified records to determine whether an applicant for licensure who previously has been licensed, certified or registered in another jurisdiction to practice real estate services has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses.
(9) Refer all complaints from licensees and the general public concerning individuals licensed in this chapter or concerning practices of the Commission or of the profession, to the Division for investigation pursuant to § 8735 of Title 29 and assign a member of the Commission to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.
(10) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29.
(11) Designate and impose the appropriate sanction or penalty where it has been determined after a hearing that penalties or sanctions should be imposed.
(12) Order compensation from the Real Estate Guaranty Fund, when, after a hearing, the Commission finds in favor of an aggrieved party, pursuant to § 2922 of this title.
(13) Issue cease and desist orders and impose fines for unlicensed practice, as specified in the rules and regulations and in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
Terms Used In Delaware Code Title 24 Sec. 2906
- Commission: means the Delaware Real Estate Commission. See Delaware Code Title 24 Sec. 2902
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Division: means the Delaware Division of Professional Regulation. See Delaware Code Title 24 Sec. 2902
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Real estate services: means those activities performed by a licensee as defined in this chapter. See Delaware Code Title 24 Sec. 2902
- State: means the State of Delaware. See Delaware Code Title 24 Sec. 2902
- Substantially related: means the nature of the criminal conduct, for which the individual was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of providing real estate services. See Delaware Code Title 24 Sec. 2902
(b) The Division shall contract with a nationally recognized testing service for the preparation and grading of a written examination for the licensing of real estate service providers. The Commission may appoint a committee to review the written examination to establish its relevancy and accuracy for licensure in this State.
(c) The Commission shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of providing real estate services.
35 Del. Laws, c. 63, §§ ?2, 13; 37 Del. Laws, c. 44, § ?1; Code 1935, § ?5485; 24 Del. C. 1953, § ?2905; 57 Del. Laws, c. 151; 57 Del. Laws, c. 741, § ?28A; 67 Del. Laws, c. 121, §§ ?4, 5; 67 Del. Laws, c. 144, § ?5; 67 Del. Laws, c. 381, §§ ?3, 4; 74 Del. Laws, c. 262, § ?55; 78 Del. Laws, c. 166, § ?1;