Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Bureau of Professional Licensing  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Real Estate Brokers and Salespersons – General Rules  
5. Rule numbers or rule set range of numbers:  
R 339.22101 – R 339.22667  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Dena Marks  
E-mail of person filling out RFR:  
MarksD1@michigan.gov  
Phone number of person filling out RFR:  
517-335-3679  
Address of person filling out RFR:  
611 W. Ottawa St., Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The Real Estate Brokers and Salesperson General Rules pertain to licensure and license renewal  
for real estate brokers and salespersons and establish requirements for schools offering  
prelicensure educational programs.  
Effective February 13, 2024, an amendment to MCL 339.2504a changed the continuing education  
requirements for licensees. The rules will be amended in compliance with that statutory change.  
Additionally, all rules will be reviewed to ensure that information is up-to-date and revised as  
needed for clarity.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The department in consultation with the board.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 339.205, 339.308, 339.2504, 339.2504a, 339.2505, 339.2512, and 339.2516a and Executive  
Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001,  
445.2011, and 445.2030  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 24.239  
RFR-Page 2  
MCL 339.205 requires the department to promulgate rules that are necessary and appropriate for it  
to fulfill its role.  
MCL 339.308 requires the board to promulgate rules that are necessary and appropriate for it to  
fulfill its role.  
MCL 339.2504a requires the department to determine and publish the number of hours of required  
continuing education a licensee must complete during a license cycle and provide standards for  
approved continuing education courses.  
There are no constitutional mandates.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not conflict with or duplicate similar rules, compliance requirements, or other  
standards adopted at the state, regional, or federal level because there are no similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of the rules is not currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not exceed similar regulations, compliance requirements, or other standards adopted  
at the state, regional, or federal level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
The rules do not incorporate recommendations received from the public regarding any complaints  
or comments about the rules.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The rules were last amended on March 31, 2021. Effective February 13, 2024, an amendment to  
MCL 339.2504a changed the continuing education requirements for licensees. The continuing  
education rules need to be amended to align with the statutory change.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
There are no changes or developments since implementation that demonstrate that there is no  
continued need for the rules, or any portion of the rules.  
MCL 24.239  
RFR-Page 3  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
Yes  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;