No. 27951: R162-2-1. Exam Application

DAR File No.: 27951
Filed: 06/30/2005, 05:02
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The original proposed amendment published under DAR No. 27951 would erroneously delete Subsection R162-2-1(2.1.4.1)(b) from the current rule. Subsection R162-2-1(2.1.4.1)(b) does not conflict with Section 61-2-9 as it was first thought, and is still needed.

 

Summary of the rule or change:

Current Subsection R162-2-1(2.1.4.1)(b) concerning out-of-state applicants whose licenses in their home states were on inactive status at the time of application for a Utah license is still needed and is added back in. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the June 15, 2005, issue of the Utah State Bulletin, on page 15. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

 

State statutory or constitutional authorization for this rule:

Subsection 61-2-5.5(1)(a)(i)

 

Anticipated cost or savings to:

the state budget:

No change over what was filed in the original rule amendment.

 

local governments:

No change from what was filed in the original rule amendment.

 

other persons:

No change from what was filed in the original rule amendment.

 

Compliance costs for affected persons:

No change from what was filed in the original rule amendment.

 

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

This rule filing establishes the education requirements for licensees and requires the education to be completed prior to taking the examination. Other than the impact to license applicants who have no high school diploma, GED, or equivalent, no fiscal impact to businesses is anticipated as a result of this filing. Russell C. Skousen, 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:

Shelley Wismer at the above address, by phone at 801-530-6761, by FAX at 801-530-6749, 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:

08/15/2005

 

This rule may become effective on:

08/16/2005

 

Authorized by:

Dexter Bell, Director

 

 

RULE TEXT

R162. Commerce, Real Estate.

R162-2. Exam and License Application Requirements.

R162-2-1. Qualifications for Licensure and Exam Application.

2.1.1 Minimum Age. All applicants shall be at least 18 years of age.

2.1.2 Formal Education Minimum. All applicants shall have at least a high school diploma, G.E.D., or equivalent as determined by the Commission.

2.1.3 Prelicensing Education. All applicants shall have completed any required prelicensing education before applying to sit for a licensing examination.

2.1.4 Exam application. All applicants who desire to sit for a licensing examination shall deliver an application to sit for the examination, together with the applicable examination fee, to the testing service designated by the Division. If the applicant fails to take the examination when scheduled, the fee will be forfeited.

2.1.4.1. Applicants previously licensed out-of-state.

(a) If an applicant is now and has been actively licensed for the preceding two years in another state which has substantially equivalent licensing requirements and is either a new resident or a non-resident of this state, the Division shall waive the national portion of the exam.

(b) If an applicant has been on an inactive status for any portion of the past two years he may be required to take both the national and Utah state portions of the exam.

 

KEY: real estate business

2005

Notice of Continuation June 12, 2002

61-2-5.5