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2006 Utah Code - 61-2-9 — Examination and license fees -- Background check -- Renewal of licenses -- Education requirements -- Activation of inactive licenses -- Recertification -- Licenses of firm, partnership, or association -- Miscellaneous fees.
61-2-9. Examination and license fees -- Background check -- Renewal of licenses --
Education requirements -- Activation of inactive licenses -- Recertification -- Licenses of
firm, partnership, or association -- Miscellaneous fees.
(1) (a) Upon filing an application for a principal broker, associate broker, or sales agent license examination, the applicant shall pay a nonrefundable fee as determined by the commission with the concurrence of the division under Section 63-38-3.2 for admission to the examination.
(b) A principal broker, associate broker, or sales agent applicant shall pay a nonrefundable fee as determined by the commission with the concurrence of the division under Section 63-38-3.2 for issuance of an initial license or license renewal.
(c) Each license issued under this Subsection (1) shall be issued for a period of not less than two years as determined by the division with the concurrence of the commission.
(d) (i) Any new sales agent applicant shall:
(A) submit fingerprint cards in a form acceptable to the division at the time the license application is filed; and
(B) consent to a fingerprint background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation regarding the application.
(ii) The division shall request the Department of Public Safety to complete a Federal Bureau of Investigation criminal background check for each new sales agent applicant through the national criminal history system (NCIC) or any successor system.
(iii) The cost of the background check and the fingerprinting shall be borne by the applicant.
(iv) Funds paid to the division by an applicant for the cost of the background check shall be nonlapsing.
(e) (i) Any new sales agent license issued under this section shall be conditional, pending completion of the criminal background check. If the criminal background check discloses the applicant has failed to accurately disclose a criminal history, the license shall be immediately and automatically revoked.
(ii) Any person whose conditional license has been revoked under Subsection (1)(e)(i) shall be entitled to a post-revocation hearing to challenge the revocation. The hearing shall be conducted in accordance with Title 63, Chapter 46b, Administrative Procedures Act.
(iii) The division director shall designate one of the following to act as the presiding officer in a post-revocation hearing described in this Subsection (1)(e):
(A) the division; or
(B) the division with the concurrence of the commission.
(iv) The decision on whether relief from the revocation of a license under this Subsection (1)(e) will be granted shall be made by the presiding officer.
(v) Relief from a revocation under this Subsection (1)(e) may be granted only if:
(A) the criminal history upon which the division based the revocation:
(I) did not occur; or
(II) is the criminal history of another person;
(B) (I) the revocation is based on a failure to accurately disclose a criminal history; and
(II) the applicant had a reasonable good faith belief at the time of application that there was no criminal history to be disclosed; or
(C) the division failed to follow the prescribed procedure for the revocation.
(vi) If a revocation under this Subsection (1)(e) is upheld after a post-revocation hearing, the person may not apply for a new license until at least 12 months after the day on which the final decision upholding the revocation is issued.
(2) (a) (i) A license expires if it is not renewed on or before its expiration date.
(ii) As a condition of renewal, each active licensee shall demonstrate competence:
(A) by viewing an approved real estate education video program and completing a supplementary workbook; or
(B) by completing 12 hours of professional education approved by the division and commission within each two-year renewal period.
(iii) The division with the concurrence of the commission shall certify education which may include:
(A) state conventions;
(B) home study courses;
(C) video courses; and
(D) closed circuit television courses.
(iv) The commission with concurrence of the division may exempt a licensee from the education requirement of this Subsection (2)(a) for a period not to exceed four years:
(A) upon a finding of reasonable cause, including military service; and
(B) under conditions established by rule made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(b) For a period of 30 days after the expiration date of a license, the license may be reinstated upon:
(i) payment of a renewal fee and a late fee determined by the commission with the concurrence of the division under Section 63-38-3.2; and
(ii) providing proof acceptable to the division and the commission of the licensee having completed the hours of education or demonstrated competence as required under Subsection (2)(a).
(c) After the 30-day period described in Subsection (2)(b), and until six months after the expiration date, the license may be reinstated by:
(i) paying a renewal fee and a late fee determined by the commission with the concurrence of the division under Section 63-38-3.2;
(ii) providing to the division proof of satisfactory completion of 12 hours of continuing education:
(A) in addition to the requirements for a timely renewal; and
(B) on a subject determined by the commission by rule made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act; and
(iii) providing proof acceptable to the division and the commission of the licensee having:
(A) completed the hours of education; or
(B) demonstrated competence as required under Subsection (2)(a).
(d) A person who does not renew that person's license within six months after the expiration date shall be relicensed as prescribed for an original application.
(3) (a) As a condition for the activation of an inactive license that was in an inactive status at the time of the licensee's most recent renewal, the licensee shall supply the division with proof of:
(i) successful completion of the respective sales agent or broker licensing examination within six months prior to applying to activate the license; or
(ii) the successful completion of 12 hours of continuing education that the licensee would have been required to complete under Subsection (2)(a) if the license had been on active status at the time of the licensee's most recent renewal.
(b) The commission may, in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, establish by rule:
(i) the nature or type of continuing education required for reactivation of a license; and
(ii) how long prior to reactivation the continuing education must have been completed.
(4) (a) A principal broker license may be granted to a corporation, partnership, or association if the corporation, partnership, or association has affiliated with it an individual who:
(i) has qualified as a principal broker under the terms of this chapter; and
(ii) serves in the capacity of a principal broker.
(b) Application for the license described in Subsection (4)(a) shall be made in accordance with the rules adopted by the division with the concurrence of the commission.
(5) The division may charge and collect reasonable fees determined by the commission with the concurrence of the division under Section 63-38-3.2 to cover the costs for:
(a) issuance of a new or duplicate license;
(b) license histories or certifications;
(c) certified copies of official documents, orders, and other papers and transcripts;
(d) certifying real estate schools, courses, and instructors, the fees for which shall, notwithstanding Section 13-1-2, be deposited in the Real Estate Education, Research, and Recovery Fund; and
(e) other duties required by this chapter.
(6) If a licensee submits or causes to be submitted a check, draft, or other negotiable instrument to the division for payment of fees, and the check, draft, or other negotiable instrument is dishonored, the transaction for which the payment was submitted is void and will be reversed by the division if payment of the applicable fee is not received in full.
(7) (a) The fees under this chapter and the additional license fee for the Real Estate Education, Research, and Recovery Fund under Section 61-2a-4 are in lieu of all other license fees or assessments that might otherwise be imposed or charged by the state or any of its political subdivisions, upon, or as a condition of, the privilege of conducting the business regulated by this chapter, except that a political subdivision within the state may charge a business license fee on a principal broker if the principal broker maintains a place of business within the jurisdiction of the political subdivision.
(b) Unless otherwise exempt, each licensee under this chapter is subject to all taxes imposed under Title 59, Revenue and Taxation.
(1) (a) Upon filing an application for a principal broker, associate broker, or sales agent license examination, the applicant shall pay a nonrefundable fee as determined by the commission with the concurrence of the division under Section 63-38-3.2 for admission to the examination.
(b) A principal broker, associate broker, or sales agent applicant shall pay a nonrefundable fee as determined by the commission with the concurrence of the division under Section 63-38-3.2 for issuance of an initial license or license renewal.
(c) Each license issued under this Subsection (1) shall be issued for a period of not less than two years as determined by the division with the concurrence of the commission.
(d) (i) Any new sales agent applicant shall:
(A) submit fingerprint cards in a form acceptable to the division at the time the license application is filed; and
(B) consent to a fingerprint background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation regarding the application.
(ii) The division shall request the Department of Public Safety to complete a Federal Bureau of Investigation criminal background check for each new sales agent applicant through the national criminal history system (NCIC) or any successor system.
(iii) The cost of the background check and the fingerprinting shall be borne by the applicant.
(iv) Funds paid to the division by an applicant for the cost of the background check shall be nonlapsing.
(e) (i) Any new sales agent license issued under this section shall be conditional, pending completion of the criminal background check. If the criminal background check discloses the applicant has failed to accurately disclose a criminal history, the license shall be immediately and automatically revoked.
(ii) Any person whose conditional license has been revoked under Subsection (1)(e)(i) shall be entitled to a post-revocation hearing to challenge the revocation. The hearing shall be conducted in accordance with Title 63, Chapter 46b, Administrative Procedures Act.
(iii) The division director shall designate one of the following to act as the presiding officer in a post-revocation hearing described in this Subsection (1)(e):
(A) the division; or
(B) the division with the concurrence of the commission.
(iv) The decision on whether relief from the revocation of a license under this Subsection (1)(e) will be granted shall be made by the presiding officer.
(v) Relief from a revocation under this Subsection (1)(e) may be granted only if:
(A) the criminal history upon which the division based the revocation:
(I) did not occur; or
(II) is the criminal history of another person;
(B) (I) the revocation is based on a failure to accurately disclose a criminal history; and
(II) the applicant had a reasonable good faith belief at the time of application that there was no criminal history to be disclosed; or
(C) the division failed to follow the prescribed procedure for the revocation.
(vi) If a revocation under this Subsection (1)(e) is upheld after a post-revocation hearing, the person may not apply for a new license until at least 12 months after the day on which the final decision upholding the revocation is issued.
(2) (a) (i) A license expires if it is not renewed on or before its expiration date.
(ii) As a condition of renewal, each active licensee shall demonstrate competence:
(A) by viewing an approved real estate education video program and completing a supplementary workbook; or
(B) by completing 12 hours of professional education approved by the division and commission within each two-year renewal period.
(iii) The division with the concurrence of the commission shall certify education which may include:
(A) state conventions;
(B) home study courses;
(C) video courses; and
(D) closed circuit television courses.
(iv) The commission with concurrence of the division may exempt a licensee from the education requirement of this Subsection (2)(a) for a period not to exceed four years:
(A) upon a finding of reasonable cause, including military service; and
(B) under conditions established by rule made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(b) For a period of 30 days after the expiration date of a license, the license may be reinstated upon:
(i) payment of a renewal fee and a late fee determined by the commission with the concurrence of the division under Section 63-38-3.2; and
(ii) providing proof acceptable to the division and the commission of the licensee having completed the hours of education or demonstrated competence as required under Subsection (2)(a).
(c) After the 30-day period described in Subsection (2)(b), and until six months after the expiration date, the license may be reinstated by:
(i) paying a renewal fee and a late fee determined by the commission with the concurrence of the division under Section 63-38-3.2;
(ii) providing to the division proof of satisfactory completion of 12 hours of continuing education:
(A) in addition to the requirements for a timely renewal; and
(B) on a subject determined by the commission by rule made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act; and
(iii) providing proof acceptable to the division and the commission of the licensee having:
(A) completed the hours of education; or
(B) demonstrated competence as required under Subsection (2)(a).
(d) A person who does not renew that person's license within six months after the expiration date shall be relicensed as prescribed for an original application.
(3) (a) As a condition for the activation of an inactive license that was in an inactive status at the time of the licensee's most recent renewal, the licensee shall supply the division with proof of:
(i) successful completion of the respective sales agent or broker licensing examination within six months prior to applying to activate the license; or
(ii) the successful completion of 12 hours of continuing education that the licensee would have been required to complete under Subsection (2)(a) if the license had been on active status at the time of the licensee's most recent renewal.
(b) The commission may, in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, establish by rule:
(i) the nature or type of continuing education required for reactivation of a license; and
(ii) how long prior to reactivation the continuing education must have been completed.
(4) (a) A principal broker license may be granted to a corporation, partnership, or association if the corporation, partnership, or association has affiliated with it an individual who:
(i) has qualified as a principal broker under the terms of this chapter; and
(ii) serves in the capacity of a principal broker.
(b) Application for the license described in Subsection (4)(a) shall be made in accordance with the rules adopted by the division with the concurrence of the commission.
(5) The division may charge and collect reasonable fees determined by the commission with the concurrence of the division under Section 63-38-3.2 to cover the costs for:
(a) issuance of a new or duplicate license;
(b) license histories or certifications;
(c) certified copies of official documents, orders, and other papers and transcripts;
(d) certifying real estate schools, courses, and instructors, the fees for which shall, notwithstanding Section 13-1-2, be deposited in the Real Estate Education, Research, and Recovery Fund; and
(e) other duties required by this chapter.
(6) If a licensee submits or causes to be submitted a check, draft, or other negotiable instrument to the division for payment of fees, and the check, draft, or other negotiable instrument is dishonored, the transaction for which the payment was submitted is void and will be reversed by the division if payment of the applicable fee is not received in full.
(7) (a) The fees under this chapter and the additional license fee for the Real Estate Education, Research, and Recovery Fund under Section 61-2a-4 are in lieu of all other license fees or assessments that might otherwise be imposed or charged by the state or any of its political subdivisions, upon, or as a condition of, the privilege of conducting the business regulated by this chapter, except that a political subdivision within the state may charge a business license fee on a principal broker if the principal broker maintains a place of business within the jurisdiction of the political subdivision.
(b) Unless otherwise exempt, each licensee under this chapter is subject to all taxes imposed under Title 59, Revenue and Taxation.
Amended by Chapter 239, 2005 General Session
Amended by Chapter 199, 2005 General Session
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