No. 31003 (Amendment): R162-2-2. Licensing Procedure

DAR File No.: 31003
Filed: 02/15/2008, 02:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to put applicants seeking license renewal on notice that they may not have a finding of fraud, misrepresentation, or deceit entered against them related to activities requiring a real estate license by any court of competent jurisdiction or any government agency, unless the finding was explicitly considered when approving the applicant's initial license or previous license renewals.

Summary of the rule or change:

Adding requirement that an applicant for license renewal may not have a finding of fraud, misrepresentation, or deceit entered against them related to activities requiring a real estate license by any court of competent jurisdiction or any government agency, unless the finding was explicitly considered when approving the applicant's initial license or previous license renewals.

State statutory or constitutional authorization for this rule:

Subsections 61-2-5.5(1)(a) and 61-2-6(1)

Anticipated cost or savings to:

the state budget:

None--The proposed rule amendment has no impact on the state budget as it establishes requirements for license renewal.

local governments:

None--Rules made regarding requirements for license renewal have no impact on local governments.

small businesses and persons other than businesses:

The only persons who are affected by establishing requirements for license renewal are those renewing their licenses.

Compliance costs for affected persons:

It could make it more difficult for certain applicants to become licensed, but that loss to potential applicants is not determinable.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing established a provision automatically disqualifying applicants who have had a finding of fraud, misrepresentation, or deceit entered against them by a court or a governmental agency. Although this provision will make it more difficult for certain applicants to become licensed, it is unclear how many potential applicants would be affected or how the fiscal impact of that effect could be estimated. Francine Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Real Estate
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Laurie Noda at the above address, by phone at 801-366-0328, by FAX at 801-366-0315, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/31/2008

This rule may become effective on:

04/07/2008

Authorized by:

Mark Steinagel, Director

RULE TEXT

R162. Commerce, Real Estate.

R162-2. Exam and License Application Requirements.

R162-2-2. Licensing Procedure.

2.2. Within 90 days after successful completion of the exam, the applicant shall return to the Division each of the following:

2.2.1. A report of the examination indicating that both portions of the exam have been passed within a six-month period of time.

2.2.2. The license application form required by the Division. The application form shall include the licensee's business and home address. A post office box without a street address is unacceptable as a business or home address. The licensee may designate any address to be used as a mailing address.

2.2.3. The non-refundable fees which will include the appropriate license fee as authorized by Section 61-2-9(5) and the Recovery Fund fee as authorized by Section 61-2a-4.

2.2.4. Documentation indicating successful completion of the required education taken within the year prior to licensing. If the applicant has been previously licensed in another state which has substantially equivalent licensing requirements, he may apply to the Division for a waiver of all or part of the educational requirement.

2.2.4.1. Candidates for the license of sales agent will successfully complete 90 classroom hours of approved study in principles and practices of real estate. Experience will not satisfy the education requirement. Membership in the Utah State Bar will waive this requirement. The Division may waive all or part of the educational requirement by virtue of equivalent education taken while completing a college undergraduate or postgraduate degree program, regardless of the date of the degree, or by virtue of other equivalent real estate education if the other real estate education was taken within 12 months prior to application.

2.2.4.2. Candidates for the license of associate broker or principal broker will successfully complete 120 classroom hours of approved study consisting of at least 24 classroom hours in brokerage management, 24 classroom hours in advanced appraisal, 24 classroom hours in advanced finance, 24 hours in advanced property management and 24 classroom hours in advanced real estate law. Experience will not satisfy the education requirement. The Division may waive all or part of the educational requirement by virtue of equivalent education taken while completing a college undergraduate or postgraduate degree program, regardless of the date of the degree, or by virtue of other equivalent real estate education if the other real estate education was taken within 12 months prior to application.

2.2.5. The principal broker and associate broker applicant will submit the forms required by the Division documenting a minimum of three years licensed real estate experience and a total of at least 60 points accumulated within the five years prior to licensing. A minimum of two years (24 months) and at least 45 points will be accumulated from Tables I and/or II. The remaining 15 points may be accumulated from Tables I, II or III.

 

TABLE I - REAL ESTATE TRANSACTIONS

 RESIDENTIAL - points can be accumulated from either the

 selling or the listing side of a real estate closing:

 (a) One unit dwelling                         2.5 points

 (b) Two- to four-unit dwellings               5 points

 (c) Apartments, 5 units or over              10 points

 (d) Improved lot                              2 points

 (e) Vacant land/subdivision                  10 points

 

 COMMERCIAL

 (f) Hotel or motel                           10 points

 (g) Industrial or warehouse                  10 points

 (h) Office building                          10 points

 (i) Retail building                          10 points

 (j) Leasing of commercial space               5 points

 

 

TABLE II - PROPERTY MANAGEMENT

 
RESIDENTIAL

(a) Each unit managed                         .25 pt/month



COMMERCIAL - hotel/motel,

industrial/warehouse, office, or

retail building

(b) Each contract OR each separate

 property address or location for

 which licensee has direct responsibility       1 pt/month

 

2.2.6. The Principal Broker may accumulate additional experience points by having participated in real estate related activities such as the following:

 

TABLE III - OPTIONAL

 Real Estate Attorney                          1 pt/month

 CPA-Certified Public Accountant               1 pt/month

 Mortgage Loan Officer                         1 pt/month

 Licensed Escrow Officer                       1 pt/month

 Licensed Title Agent                          1 pt/month

 Designated Appraiser                          1 pt/month

 Licensed General Contractor                   1 pt/month

 Bank Officer in Real Estate Loans             1 pt/month

 Certified Real Estate Prelicensing Instructor  .5 pt/month

 

2.2.7. If the review of an application has been performed by the Division and the Division has denied the application based on insufficient experience, and if the applicant believes that the Experience Points Tables do not adequately reflect the amount of the applicant's experience, the applicant may petition the Real Estate Commission for reevaluation by making a written request within 30 days after the denial stating specific grounds upon which relief is requested. The Commission shall thereafter consider the request and issue a written decision.

2.2.8. An applicant previously licensed in another state will provide a written record of his license history from that state and documentation of disciplinary action, if any, against his license.

2.2.9. Qualifications of License Applicants. An applicant for a new license may not:

(a) have been convicted of, entered a plea in abeyance to, or completed any sentence of confinement on account of, any felony within five years preceding the application; or

(b) have been convicted of, entered a plea in abeyance to, or completed any sentence of confinement on account of, any misdemeanor involving fraud, misrepresentation, theft, or dishonesty within three years preceding the application.

2.2.10 Qualifications for Renewal. An applicant for license renewal, or for reinstatement of an expired license, may not have:[,during the term of the applicant's last license or during the period between license expiration and application to reinstate an expired license, been convicted of, or entered a plea in abeyance to, a felony.]

(a) been convicted of or entered a plea in abeyance to a felony during the term of the last license or during the period between license expiration and application to reinstate an expired license; or

(b) a finding of fraud, misrepresentation or deceit entered against the applicant, related to activities requiring a real estate license, by any court of competent jurisdiction or any government agency, unless the finding was explicitly considered by the Division in approving the applicant's initial license or previous license renewals.

2.2.11 Determining fitness for licensure. In determining whether an applicant who has not been disqualified by Subsections 2.2.9 or 2.2.10 meet the requirements of honesty, integrity, truthfulness, reputation and competency required for a new or a renewed license, the Commission and the Division will consider information they consider necessary to make this determination, including the following:

2.2.11.1. Whether an applicant has been denied a license to practice real estate, property management, or any regulated profession, business, or vocation, or whether any license has been suspended or revoked or subjected to any other disciplinary sanction by this or another jurisdiction;

2.2.11.2. Whether an applicant has been guilty of conduct or practices which would have been grounds for revocation or suspension of license under Utah law had the applicant then been licensed;

2.2.11.3. Whether a civil judgment has been entered against the applicant based on a real estate transaction, and whether the judgment has been fully satisfied;

2.2.11.4. Whether a civil judgment has been entered against the applicant based on fraud, misrepresentation or deceit, and whether the judgment has been fully satisfied.

2.2.11.5 Whether an applicant has ever been convicted of, or entered a plea in abeyance to, any criminal offense, or whether any criminal charges against the applicant have ever been resolved by a diversion agreement or similar disposition;

2.2.11.6. Whether restitution ordered by a court in a criminal case has been fully satisfied;

2.2.11.7. Whether the parole or probation in a criminal case or the probation in a licensing action has been completed and fully served; and

2.2.11.8. Whether there has been subsequent good conduct on the part of the applicant. If, because of lapse of time and subsequent good conduct and reputation or other reason deemed sufficient, it shall appear to the Commission and the Division that the interest of the public will not likely be in danger by the granting of a license, the Commission and the Division may approve the applicant relating to honesty, integrity, truthfulness, reputation and competency.

 

KEY: real estate business

Date of Enactment or Last Substantive Amendment: [June 21, 2006]2008

Notice of Continuation: April 18, 2007

Authorizing, and Implemented or Interpreted Law: 61-2-5.5