2005 Idaho Code - 54-2018 — LICENSE RENEWALS -- INACTIVE LICENSES STATUS -- PERSONAL CHANGES -- EFFECTIVE DATES -- FEES NONREFUNDABLE

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 20
                        IDAHO REAL ESTATE LICENSE LAW
    54-2018.  LICENSE RENEWALS -- INACTIVE LICENSES STATUS -- PERSONAL CHANGES
-- EFFECTIVE DATES -- FEES NONREFUNDABLE. (1) Initial license period. Each new
license shall be for a period of one (1) year plus the months up to and
including the next birth date of the licensee, not to exceed a period of two
(2) years, and shall expire on the last day of the month of the birth date of
the licensee. Corporations, partnerships, limited liability companies and
other entities defined as "persons" in this chapter shall have established as
the equivalent of a birth date, the birth date of its designated broker.
Licensed branch offices shall have established as the equivalent of a birth
date, the birth date of the designated broker for the branch office.
    (2)  License renewal. Each license shall be renewable for a period of two
(2) years by timely submitting a completed application. Applications must be
received at the commission office on or before 5 p.m. of the expiration date.
    (a)  If renewing an active license, the application shall include:
         (i)   Certification that the applicant has met the commission's
         continuing education requirements as set forth in section 54-2023,
         Idaho Code;
         (ii)  Certification that the applicant has met the mandatory errors
         and omissions insurance requirement for real estate licensees as set
         forth in section 54-2013, Idaho Code; and
         (iii) Payment of all renewal fees established by this chapter or by
         the commission.
    (b)  If renewing an inactive license, the application shall include
    payment of all renewal fees established by this chapter or by the
    commission by rule.
    (3)  Late renewal. If the licensee fails to submit a completed application
for renewal or pay the renewal fee on or before the expiration date, the
commission may accept a later application or payment of the fee, subject to
such conditions as the commission may require including, but not limited to,
the assessment of a late fee; provided that between the license expiration
date and the date of renewal of the license, the rights of the licensee under
such license shall be expired, and during such period of expiration it shall
be unlawful for any licensee to do or attempt to offer to do any of the acts
of the kind and nature described in the definitions of real estate broker or
real estate salesperson in section 54-2004, Idaho Code, in consideration of
compensation of any kind or expectation thereof. An expired license that is
not renewed within one (1) year of the expiration date shall be automatically
terminated by the commission and may not be renewed.
    (4)  Active and inactive license status. A licensee who is a designated
broker or associated with a designated broker shall hold an active license. A
licensee  who has paid all applicable fees, who is not associated with a
designated broker and who holds a current license that is not revoked,
suspended or terminated shall hold his license on inactive status. A licensee
seeking to change from active license status to inactive license status shall
have the broker submit a change of status application to the commission in the
form and manner approved by the commission. During the period that his license
is inactive, the licensee shall not engage in the business or act in the
capacity of real estate broker, associate broker or salesperson. However, an
inactive licensee may receive a referral fee for any referral made during the
period his license was active. A licensee may activate an inactive license by
meeting each of the following:
    (a)  If activating as a sales associate, associating with a designated
    Idaho broker and having the broker submit an application in the form and
    manner approved by the commission;
    (b)  If activating as a designated broker, establishing an office in the
    manner required by this chapter and submitting an application in the form
    and manner approved by the commission;
    (c)  Paying the required fee;
    (d)  Obtaining and maintaining a policy of errors and omissions insurance
    as required by section 54-2013, Idaho Code, and in accordance with the
    rules of the commission and certifying the same; and
    (e)  Successfully completing any continuing education requirements, as
    prescribed in section 54-2023, Idaho Code, and certifying the same for the
    current license period.
    (5)  Continuing education. A licensee shall not submit an application to
renew a license on active status or to activate an inactive license without
having obtained the continuing education credit hours required by section
54-2023, Idaho Code. A licensee who violates this subsection (5) shall be
subject to disciplinary action by the commission.
    (6)  Time required. The commission may request satisfactory proof of
continuing education compliance from any licensee who has certified to the
commission that he has completed the requirement. The request shall state the
time within which the proof must be received at the commission office, which
time shall not be less than ten (10) business days.
    (7)  Satisfactory proof. Upon request from the commission, the licensee
shall submit satisfactory proof of having met the continuing education
requirement set forth in section 54-2023, Idaho Code. "Satisfactory proof"
shall, for each course, consist of documentation:
    (a)  Identifying the licensee, the title of the course or challenge exam,
    the course certification number, the course provider, the number of
    classroom hours, the completion date of the course or challenge exam, and
    including:
         (i)   A transcript of the course taken;
         (ii)  A letter from the provider verifying successful completion of
         the course; or
         (iii) A course completion certificate; and
    (b)  Identifying the course certification approval number to establish
    that the course is approved for continuing education credit as provided by
    section 54-2023, Idaho Code. The commission may, in its sole discretion,
    accept alternative documentation establishing that the course is approved
    for credit.
    (8)  Failure to submit proof. A licensee failing to submit satisfactory
proof of completing the continuing education requirement after being requested
to do so by the commission may have his license inactivated by the commission
and shall not be entitled to reactivate the license unless and until he
provides to the commission satisfactory proof that he meets the  continuing
education requirements of section 54-2023, Idaho Code. Nothing in this section
shall limit the ability of the commission to investigate or discipline a
licensee for violating subsection (5) of this section or for violating any
other section of this chapter.
    (9)  Change in personal information. An individual licensee, whether
active or inactive, shall provide written notice to the commission, in the
form and manner approved by the commission, of any change of his personal
name, address of personal residence or personal telephone number. Notice shall
be provided within ten (10) days of the change. If the licensee has changed
his personal name, he shall also submit legal proof of the change and the fee
for issuing a new license certificate and, if an active licensee, he shall
have the broker submit the written notice of change to the commission. Upon
receipt of the new license certificate or upon its effective date, whichever
is later, the broker shall remove from public view any license certificate
bearing the licensee's former name.
    (10) Signature required. No license shall be valid unless the license
certificate is signed by the licensee.
    (11) Effective dates. A request for licensure or for license changes shall
become effective when the completed application, attachments and any required
fee are received at and approved by the commission. An application that is
incomplete or lacking the required fees shall be returned to the applicant and
no license shall be issued until a completed application and all required fees
are received at and actually approved by the commission.
    (12) Fees nonrefundable. No licensee shall be entitled to a refund of any
fee after the license or license change has become effective.