2005 Idaho Code - 54-2012 — MINIMUM REQUIREMENTS FOR AN INDIVIDUAL PRIMARY IDAHO LICENSE

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 20
                        IDAHO REAL ESTATE LICENSE LAW
    54-2012.  MINIMUM REQUIREMENTS FOR AN INDIVIDUAL PRIMARY IDAHO LICENSE.
(1) Requirements for all individual primary licenses. Unless a qualification
is waived or modified by the commission for good cause and upon special
consideration, and except as provided in section 54-2015, Idaho Code, each
person seeking a primary Idaho real estate license as a salesperson, associate
broker or designated broker shall meet all of the following minimum
qualifications:
    (a)  Be an individual;
    (b)  Be eighteen (18) years of age or older;
    (c)  Furnish satisfactory proof that the applicant graduated from an
    accredited high school or its equivalent or holds a certificate of general
    education;
    (d)  Not have had a real estate or other professional or occupational
    license revoked, suspended, or surrendered, or the renewal refused, for a
    disciplinary violation involving fraud, misrepresentation or dishonest or
    dishonorable dealing, in Idaho or any other jurisdiction, within five (5)
    years immediately prior to the date the application for license is
    submitted to the commission;
    (e)  Not have been convicted or completed any sentence of confinement for
    or on account of any misdemeanor involving fraud, misrepresentation or
    dishonest or dishonorable dealing, in a state or federal court, within
    five (5) years immediately prior to the date the application for license
    is submitted to the commission;
    (f)  Not have been convicted of any felony in a state or federal court;
    provided that after a period of five (5) years from the date the person
    was convicted or completed any term of probation, sentence or confinement
    or period of parole, whichever is later, the applicant may make written
    request to the commission for an exemption review to determine the
    applicant's suitability for licensure, which the commission shall
    determine in accordance with the following:
         (i)   The exemption review shall consist of a review of any documents
         relating to the felony and any supplemental information provided by
         the applicant bearing upon his suitability for licensure. The
         commission may, at its discretion, grant an interview of the
         applicant.
         (ii)  During the review, the commission shall consider the following
         factors or evidence:
              1.  The severity or nature of the felony;
              2.  The period of time that has passed since the felony under
              review;
              3.  The number or pattern of felonies or other similar
              incidents;
              4.  The circumstances surrounding the crime that would help
              determine the risk of repetition;
              5.  The relationship of the crime to the licensed practice of
              real estate; and
              6.  The applicant's activities since the crime under review,
              such as employment, education, participation in treatment,
              payment of restitution, or any other factors which may be
              evidence of current rehabilitation.
         (iii) The applicant shall bear the burden of establishing his current
         suitability for licensure.
    (g)  Complete all prelicense education requirements as provided for in
    section 54-2022, Idaho Code, for a salesperson's or broker's license;
    (h)  Pass the commission-approved real estate licensing exam for a sales
    or broker license in the time and manner stated in section 54-2014, Idaho
    Code, and pay the required exam fees;
    (i)  Be fingerprinted for the purpose of a national criminal history check
    to determine whether the applicant is qualified for licensure, and pay all
    fees associated with the fingerprinting and background check services. If
    the fingerprints are returned to the commission as illegible the applicant
    shall, upon request from the commission, be fingerprinted again and file
    the new fingerprints with the commission;
    (j)  Sign and file with the commission an irrevocable consent to service,
    appointing the commission's executive director to act as the licensee's
    agent upon whom all judicial and other process or legal notices directed
    to such licensee may be served, and consenting that any lawful process
    against the licensee that is served upon the executive director shall be
    of the same legal force and validity as if served upon the licensee and
    that the authority shall continue in force so long as any liability
    remains outstanding in this state. Upon receipt of any such process or
    notice, the executive director shall immediately mail a copy of the same
    by certified mail to the last known address of the licensee. All licensees
    shall provide the commission a full and current mailing address and shall
    notify the commission in writing of any change in mailing address within
    ten (10) business days of the change;
    (k)  If licensing as an active salesperson or associate broker, provide
    the name and physical address of the main business location of the
    designated broker with whom the applicant will be licensed, and the
    signature of that broker; or, if licensing as a designated broker, provide
    the name and physical address of the main business location. No Idaho
    sales associate may be licensed under or associated with more than one (1)
    Idaho broker at a time;
    (l)  Submit a properly completed application and all license, application
    and other fees listed in section 54-2020, Idaho Code, or as otherwise
    required by statute or rule; and
    (m)  Provide satisfactory proof of meeting the mandatory errors and
    omissions insurance requirement for real estate licensees, as stated in
    section 54-2013, Idaho Code.
    (2)  Additional requirements for broker and associate broker licenses.
Applicants seeking a primary Idaho license as a broker or associate broker
shall meet the additional following qualifications:
    (a)  Provide satisfactory evidence of having been actively engaged, on a
    full-time basis, for two (2) years as a licensed real estate salesperson
    within five (5) years immediately prior to the date upon which the
    individual makes application. Such evidence shall demonstrate the
    productiveness of the licensed activity to have been generally
    commensurate with that of other licensees practicing in a similar
    capacity. Listings, sales, options or other licensed activities may be
    considered by the commission in determining whether the applicant meets
    this qualification.
         (i)   A broker or associate broker applicant may be required to
         furnish a report of listings and sales accomplished by the applicant
         during two (2) or more years within the last five (5) years of
         licensure immediately prior to the application date;
         (ii)  This report shall be certified as correct by the broker or
         brokers with whom the applicant has been associated, provided
         however, that upon preapproval by the commission, the applicant may
         verify that the report is correct in an alternative manner;
         (iii) The broker experience requirement may be modified or reduced,
         in whole or in part, at the discretion of the commission, based upon
         the applicant's educational background, or experience in related or
         affiliated business activities;
         (iv)  The commission in its discretion may make such additional
         investigation and inquiry relative to the applicant as it shall deem
         advisable;
    (b)  Designate a physical office location and a business name. The
    commission may refuse to issue a license to any person if the business
    name is the same as  that of any person whose license has been suspended
    or revoked or is so similar as to be easily confused with another
    licensee's name by members of the general public. However, nothing in this
    subsection shall restrict an individual from obtaining a license in his or
    her own legal name.
    (c)  If currently licensed in Idaho as a salesperson and applying for a
    license as an Idaho broker or associate broker, the individual shall
    submit a new fingerprint card for processing and pay associated fees.