Occupational Board Reform Act

General Information

Committee of Jurisdiction:Banking, Commerce and Insurance
Occupation Regulated:Real Estate Broker/Sales
Occupational Board:Nebraska Real Estate Commission
Contact:Greg Lemon
Purpose:To protect the public interest of Nebraska citizens through the efficient and effective administration of the Nebraska Real Estate License Act
Regulated Professionals:2,028 licensed active brokers and 5,675 licensed active sales as of the date of the report
Year Created:1943
Year Active:1643
Sunset Date:None

Authorization

Statutory Authorization:81-885.07
Parent Agency:Nebraska Real Estate Commission

Membership

Number of Members:7
Who Appoints:Governor, Secretary of State Permanent Chair
Legislative Approval:No
Qualifications of Members:81-885.07 (1) There is hereby created the State Real Estate Commission which shall consist of the Secretary of State, who shall be chairperson of the commission, and six members appointed by the Governor. Three of the members of the commission appointed by the Governor shall be active and licensed real estate brokers who have engaged in the real estate business as brokers or associate brokers for not less than five years, which members shall be appointed by the Governor, one from each of the three congressional districts as the districts were constituted on January 1, 2006. The remaining members shall be appointed at large, one of whom shall be representative of the public, one of whom shall be a licensed real estate salesperson who has engaged in the real estate business as a salesperson for not less than three years, and one of whom shall be an active and licensed real estate broker who has engaged in the real estate business as a broker or associate broker for not less than five years. The member representing the former congressional district 1 on July 14, 2006, shall represent congressional district 1 for the balance of his or her term. The member representing the former congressional district 2 on July 14, 2006, shall represent congressional district 2 for the balance of his or her term. The member representing the former congressional district 3 on July 14, 2006, shall become an at-large member for the balance of his or her term. The member representing the former congressional district 4 on July 14, 2006, shall represent congressional district 3 for the balance of his or her term.
Per Diem:Yes
Expense Reimbursement:Yes
Term Length:6 years
Terms Rotate or Expire at Once:Terms Rotate

Meetings

Required FY 2023-2022:0
Held FY 2023-2022:10
Required FY 2022-2021:10
Held FY 2022-2021:10
Required FY 2021-2020:10
Held FY 2021-2020:10
Required FY 2020-2019:10
Held FY 2020-2019:0
Required FY 2019-2018:0
Held FY 2019-2018:11

Operations

Support Staff:11
Shared or Separate:Separate
FY 2023-2022 Budget:1254860
FY 2022-2021 Budget:1127309
FY 2021-2020 Budget:1639895
FY 2020-2019 Budget:1233286
FY 2019-2018 Budget:1207344
Other Funding Sources:All Cash Funds From License Fees
Spending Authority:81-885.07(4)

Other

Government Certificates Issued:3679
Issued Certificate Descriptions:Total number of sales and broker licenses issued in the last five fiscal years, Broker and Sales Breakdown , Broker 529, Sales 3,150
Government Certificates Revoked:2
Revoked Certificate Descriptions:Licenses permanently revoked for violation of the License Act
Government Certificates Denied:15
Denied Certificate Descriptions:The number above is for 2021 and 2022 only, these were manually counted. Applicants who have a criminal history which may disqualify them under the License Act appear before the Commission for an informal special appearance for review. In the two years we had approximately 300 (estimated) applications with some kind of criminal history, of the 300 35 rose to the level of possible disqualification for license under the statute and came in for a special appearance, of the 35 that came in 35 were denied for recent felonies and or a persistent pattern of violations that showed no signs of abating.
Government Certificates Penalties Against:76
Penalty Certificate Descriptions:Number of disciplinary actions resulting in a finding of violation in the last five years. Disciplinary action can result from an order pursuant to hearing in front of the Commission or a consent decree approved by the Commission. Disciplinary orders include suspension, probation, fines, censures, ordered education or some combination thereof.
Explanation of Effectiveness:https://nebraskalegislature.gov/pdf/SurveyDocs/explanation1695855345.pdf
Potential HarmReal estate licensees assist buyers and sellers with complicated transactions involving the largest amount of money many will commit in their lives, The agent assists the buyers and sellers in assuring the proper paperwork is created and supplied for closing, how to fill out the purchase contract, how to order inspections and meet contract contingencies, how to qualify for and obtain financing of a purchase. The risk of having untrained people assist with these tasks include unscrupulous parties using personal and financial information to steal money, not having the proper paperwork filled out for closings, and not having proper inspections done and getting a property with defects and not what the buyer wanted.
Regulation Comparison:https://nebraskalegislature.gov/pdf/SurveyDocs/comparison1695855345.pdf
Subject to Regulations of Act(LB407):No
Survey Submitted: September 27, 2023 05:55 PM