2006 Utah Code - 61-2-6 — Licensing procedures and requirements.

     61-2-6.   Licensing procedures and requirements.
     (1) (a) Except as provided in Subsection (5), the commission shall determine the qualifications and requirements of applicants for:
     (i) a principal broker license;
     (ii) an associate broker license; or
     (iii) a sales agent license.
     (b) The division, with the concurrence of the commission, shall require and pass upon proof necessary to determine the honesty, integrity, truthfulness, reputation, and competency of each applicant for an initial license or for renewal of an existing license.
     (c) (i) The division, with the concurrence of the commission, shall require an applicant for:
     (A) a sales agent license to complete an approved educational program not to exceed 90 hours; and
     (B) an associate broker or principal broker license to complete an approved educational program not to exceed 120 hours.
     (ii) The hours required by this section mean 50 minutes of instruction in each 60 minutes.
     (iii) The maximum number of program hours available to an individual is ten hours per day.
     (d) The division, with the concurrence of the commission, shall require the applicant to pass an examination approved by the commission covering:
     (i) the fundamentals of:
     (A) the English language;
     (B) arithmetic;
     (C) bookkeeping; and
     (D) real estate principles and practices;
     (ii) the provisions of this chapter;
     (iii) the rules established by the commission; and
     (iv) any other aspect of Utah real estate license law considered appropriate.
     (e) (i) Three years' full-time experience as a real estate sales agent or its equivalent is required before any applicant may apply for, and secure a principal broker or associate broker license in this state.
     (ii) The commission shall establish by rule, made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the criteria by which the commission will accept experience or special education in similar fields of business in lieu of the three years' experience.
     (2) (a) The division, with the concurrence of the commission, may require an applicant to furnish a sworn statement setting forth evidence satisfactory to the division of the applicant's reputation and competency as set forth by rule.
     (b) The division shall require an applicant to provide the applicant's Social Security number, which is a private record under Subsection 63-2-302(1)(h).
     (3) (a) A nonresident principal broker may be licensed in this state by conforming to all the provisions of this chapter except that of residency.
     (b) A nonresident associate broker or sales agent may become licensed in this state by:
     (i) conforming to all the provisions of this chapter except that of residency; and
     (ii) being employed or engaged as an independent contractor by or on behalf of a

nonresident or resident principal broker who is licensed in this state.
     (4) (a) Except as provided in Subsection 61-2-9(1)(e)(iv), an applicant who has had a real estate license revoked:
     (i) shall be relicensed as prescribed for an original application; and
     (ii) may not apply for a new license until at least five years after the day on which the license is revoked.
     (b) In the case of an applicant for a new license as a principal broker or associate broker, the applicant is not entitled to credit for experience gained prior to the revocation of a real estate license.
     (5) (a) Notwithstanding Subsection (1), the commission may delegate to the division the authority to:
     (i) review a class or category of applications for initial or renewed licenses;
     (ii) determine whether an applicant meets the licensing criteria in Subsection (1); and
     (iii) approve or deny a license application without concurrence by the commission.
     (b) (i) If the commission delegates to the division the authority to approve or deny an application without concurrence by the commission and the division denies an application for licensure, the applicant who is denied licensure may petition the commission for review of the denial of licensure.
     (ii) An applicant who is denied licensure pursuant to this Subsection (5) may seek agency review by the executive director only after the commission has reviewed the division's denial of the applicant's application.

Amended by Chapter 199, 2005 General Session