Utah Administrative Code (Current through November 1, 2019) |
R162. Commerce, Real Estate |
R162-57a. Timeshare and Camp Resort Rules |
R162-57a-15. Application for Registration of Project Sales Persons
-
(1) An individual applying for registration as a project salesperson shall provide the following information to the division:
(a) identifying information, including:
(i) full legal name;
(ii) date of birth; and
(iii) social security number;
(b) contact information, including:
(i) home address;
(ii) home telephone and cell telephone numbers;
(iii) mailing address;
(iv) e-mail address;
(v) sales office location and e-mail address;
(vi) sales office telephone number; and
(vii) name of developer or an individual designated by the developer who will supervise the applicant pursuant to Subsection R162-57a-13(1)(a).
(c)(i) disclosure as to whether the individual has ever been licensed or registered in a real estate-related profession; and
(ii) documentation of any adverse regulatory action on such license or registration, including:
(A) denial;
(B) restriction, including probation;
(C) suspension;
(D) revocation; or
(E) fine;
(d) disclosure as to whether the individual has ever resigned or surrendered a real estate-related license or registration, or allowed such a license or registration to expire, while under investigation or while action was pending against the individual by a government agency;
(e) information as to any disciplinary action pending against the individual at the time of application by any real estate, professional, or occupational licensing agency;
(f) documentation of any criminal investigation proceeding against the individual at the time of application;
(g) complete documentation of any past criminal offense, including:
(i) charge(s) filed;
(ii) plea(s) entered;
(iii) case disposition; and
(iv) terms of sentencing;
(h) complete documentation of any past civil judgment entered against the person in a case brought on allegations involving fraud, misrepresentation, or deceit;
(i) completed five-year employment history form as provided by the division;
(j) affidavit stating whether the individual has ever been terminated from employment on an allegation of theft, fraud, or dishonesty; and
(k) a nonrefundable application fee.
(2) An application for registration as a project salesperson shall be signed by:
(a) the applicant; and
(b)(i) the developer with which the salesperson is affiliated; or
(ii) the developer's authorized representative pursuant to Subsection R162-57a-13(1)(a).
(3) Standards for approval. The director may not issue a salesperson registration to any individual who:
(a) submits an incomplete application;
(b) has been prosecuted for a felony that resulted in a:
(i) conviction within the five-year period preceding the date of application;
(ii) plea agreement within the five-year period preceding the date of application; or
(iii) jail or prison release date falling within the five-year period preceding the date of application; or
(c) has been prosecuted for a misdemeanor involving fraud, misrepresentation, theft, or dishonesty that resulted in a:
(i) conviction within the three-year period preceding the date of application; or
(ii) jail or prison release date falling within the three-year period preceding the date of application.
(4) Notification of changes.
(a) A registered salesperson shall inform the division within ten days of:
(i) any change in the individual's legal name;
(ii) any change in the individual's contact information pursuant to Subsection (1)(b);
(iii) as to a criminal offense, whether prosecuted in Utah or in another jurisdiction:
(A) a conviction;
(B) the entry of a plea in abeyance;
(C) a diversion agreement; or
(D) any other agreement under which a criminal charge is held in suspense for a period of time.
(b) To notify the division of a name change, an individual shall:
(i) complete and submit a paper change form; and
(ii) attach to the form official documentation such as a:
(A) marriage license;
(B) divorce decree;
(C) driver license; or
(D) court order.
(c) To notify the division of a change in contact information, an individual shall submit a change form:
(i) by mail or fax, until such time as RELMS is configured to accommodate timeshare salespersons; and
(ii) through RELMS, once the system is configured to accommodate timeshare salespersons.
(d) To notify the division of proceedings in a criminal case, an individual shall:
(i) send to the division a cover letter explaining the circumstances under which charges were brought; and
(ii) attach all available documentation, including:
(A) charging documents;
(B) police reports; and
(C) court dockets.
(5) Renewal and reinstatement.
(a) A salesperson registration expires two years following the date the registration is approved by the division.
(b) To renew a salesperson registration, an individual shall submit to the division, no later than the date on which the individual's registration expires:
(i) a completed renewal application as required by the division; and
(ii) a nonrefundable fee.
(c) To reinstate an expired salesperson registration, and individual shall submit to the division, no later than 30 days following the date on which the individual's registration expires:
(i) all materials required for a timely renewal; and
(ii) a nonrefundable late fee.
(d) An application that is expired more than 30 days may not be renewed. To obtain a registration, an individual shall apply as a new applicant.