61-2f-204. Licensing fees and procedures — Renewal fees and procedures.
(1)
Terms Used In Utah Code 61-2f-204
Associate broker: means an individual who is:
(a)
employed or engaged as an independent contractor by or on behalf of a principal broker to perform an act described in Subsection (20) for valuable consideration; and
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Principal broker: means an individual who is licensed or required to be licensed as a principal broker under this chapter who:
(a)
sells or lists for sale real estate, including real estate being sold as part of a foreclosure rescue, or a business opportunity with the expectation of receiving valuable consideration;
(b)
buys, exchanges, or auctions real estate, an option on real estate, a business opportunity, or an improvement on real estate with the expectation of receiving valuable consideration;
(c)
advertises, offers, attempts, or otherwise holds the individual out to be engaged in the business described in Subsection (20)(a) or (b);
(d)
is employed by or on behalf of the owner of real estate or by a prospective purchaser of real estate and performs an act described in Subsection (20)(a), whether the individual's compensation is at a stated salary, a commission basis, upon a salary and commission basis, or otherwise;
(e)
with the expectation of receiving valuable consideration, manages property owned by another person;
(f)
advertises or otherwise holds the individual out to be engaged in property management;
(g)
with the expectation of receiving valuable consideration, assists or directs in the procurement of prospects for or the negotiation of a transaction listed in Subsections (20)(a) and (e);
(h)
except for a mortgage lender, title insurance producer, or an employee of a mortgage lender or title insurance producer, assists or directs in the closing of a real estate transaction with the expectation of receiving valuable consideration;
(i)
engages in foreclosure rescue; or
(j)
advertises, offers, attempts, or otherwise holds the person out as being engaged in foreclosure rescue. See Utah Code 61-2f-102
Real estate: includes leaseholds and business opportunities involving real property. See Utah Code 61-2f-102
Reinstatement: means restoring a license that has expired or has been suspended. See Utah Code 61-2f-102
Renewal: means extending a license for an additional licensing period on or before the date the license expires. See Utah Code 61-2f-102
Sales agent: means an individual who is:
(a)
affiliated with a principal broker, either as an independent contractor or an employee as provided in Section 61-2f-303, to perform for valuable consideration an act described in Subsection (20); and
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
Upon filing an application for an examination for a license under this chapter, the applicant shall pay a nonrefundable fee established in accordance with Section 63J-1-504 for admission to the examination.
(b)
An applicant for a principal broker, associate broker, or sales agent license shall pay a nonrefundable fee as determined by the commission with the concurrence of the division under Section 63J-1-504 for issuance of an initial license or license renewal.
(c)
A license issued under this Subsection (1) shall be issued for a period of not less than two years as the division determines with the concurrence of the commission.
(d)
(i)
Each of the following applicants shall comply with this Subsection (1)(d):
(A)
a new sales agent applicant;
(B)
a principal broker applicant; and
(C)
an associate broker applicant.
(ii)
An applicant described in this Subsection (1)(d) shall at the time the licensee files an application:
(A)
submit to the division fingerprint cards in a form acceptable to the Department of Public Safety;
(B)
submit to the division a signed waiver in accordance with Subsection 53-10-108(4), acknowledging the registration of the applicant’s fingerprints in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service beginning January 1, 2020;
(C)
consent to a criminal background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation; and
(D)
pay the fee the division establishes in accordance with Subsection (1)(d)(vi).
(iii)
The Bureau of Criminal Identification shall:
(A)
check the fingerprints an applicant submits under Subsection (1)(d)(ii) against the applicable state, regional, and national criminal records databases, including, beginning January 1, 2020, the Federal Bureau of Investigation Next Generation Identification System;
(B)
report the results of the background check to the division;
(C)
maintain a separate file of fingerprints that applicants submit under Subsection (1)(d) for search by future submissions to the local and regional criminal records databases, including latent prints;
(D)
request that beginning January 1, 2020, the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and
(E)
ensure that the division only receives notifications for an individual with whom the division maintains permission to receive notifications.
(iv)
(A)
The division shall assess an applicant who submits fingerprints under Subsection (1)(d) or (2)(f) a fee in an amount that the division sets in accordance with Section 63J-1-504 for services that the division and the Bureau of Criminal Identification or another authorized agency provide under Subsection (1)(d) or (2)(f).
(B)
The Bureau of Criminal Identification may collect from the division money for services provided under this section.
(v)
Money paid to the division by an applicant for the cost of the criminal background check is nonlapsing.
(vi)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and with the concurrence of the division, the commission may make rules for the administration of this Subsection (1)(d) and Subsection (2)(f) regarding criminal background checks with ongoing monitoring.
(e)
(i)
A license issued under Subsection (1)(d) is conditional, pending completion of the criminal background check.
(ii)
If a criminal background check discloses that an applicant fails to accurately disclose a criminal history, the division:
refer the application to the commission for a decision.
(iii)
(A)
A person whose conditional license is conditioned, restricted, or revoked under Subsection (1)(e)(ii) may have a hearing after the action is taken to challenge the action.
The director shall designate one of the following to act as the presiding officer in a hearing described in Subsection (1)(e)(iii)(A):
(A)
the division; or
(B)
the division with the concurrence of the commission.
(v)
The presiding officer shall decide whether relief from an action under this Subsection (1)(e) is granted.
(vi)
If a license is revoked or a revocation under this Subsection (1)(e) is upheld after a hearing, the individual may not apply for a new license until at least 12 months after the day on which the license is revoked.
(2)
(a)
(i)
A license expires if it is not renewed on or before the expiration date of the license.
(ii)
As a condition of renewal, an active licensee shall demonstrate competence by completing 18 hours of continuing education within a two-year renewal period subject to rules made by the commission, with the concurrence of the division.
(iii)
In making a rule described in Subsection (2)(c)(ii), the division and commission shall consider:
(A)
evaluating continuing education on the basis of competency, rather than course time;
(B)
allowing completion of courses in a significant variety of topic areas that the division and commission determine are valuable in assisting an individual licensed under this chapter to increase the individual’s competency; and
(C)
allowing completion of courses that will increase a licensee’s professional competency in the area of practice of the licensee.
(iv)
The division may award credit to a licensee for a continuing education requirement of this Subsection (2)(a) for a reasonable period of time upon a finding of reasonable cause, including:
(A)
military service; or
(B)
if an individual is elected or appointed to government service, the individual’s government service during which the individual spends a substantial time addressing real estate issues subject to conditions established by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b)
For a period of 30 days after the day on which a license expires, the license may be reinstated:
(i)
if the applicant’s license was inactive on the day on which the applicant’s license expired, upon payment of a renewal fee and a late fee determined by the commission with the concurrence of the division under Section 63J-1-504; or
(ii)
if the applicant’s license was active on the day on which the applicant’s license expired, upon payment of a renewal fee and a late fee determined by the commission with the concurrence of the division under Section 63J-1-504, and providing proof acceptable to the division and the commission of the licensee having:
(A)
completed the hours of education required by Subsection (2)(a); or
(B)
demonstrated competence as required under Subsection (2)(a).
(c)
After the 30-day period described in Subsection (2)(b), and until one year after the day on which an active or inactive license expires, 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 63J-1-504; and
(ii)
providing proof acceptable to the division and the commission of the licensee having:
(A)
completed the hours of education required by Subsection (2)(a); or
(B)
demonstrated competence as required under Subsection (2)(a).
(d)
The division shall relicense a person who does not renew that person’s license within one year as prescribed for an original application.
(e)
Notwithstanding Subsection (2)(a), the division may extend the term of a license that would expire under Subsection (2)(a) except for the extension if:
(i)
(A)
the person complies with the requirements of this section to renew the license; and
(B)
the renewal application remains pending at the time of the extension; or
(ii)
at the time of the extension, there is pending a disciplinary action under this chapter.
(f)
Beginning January 1, 2020, each applicant for renewal or reinstatement of a license to practice as a sales agent, principal broker, or associate broker who is not already subject to ongoing monitoring of the individual’s criminal history shall, at the time the application for renewal or reinstatement is filed:
(i)
submit fingerprint cards in a form acceptable to the Department of Public Safety;
(ii)
submit to the division a signed waiver in accordance with Subsection 53-10-108(4), acknowledging the registration of the applicant’s fingerprints in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service;
(iii)
consent to a fingerprint background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation; and
(iv)
pay the fee the division establishes in accordance with Subsection (1)(d)(iv).
(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 principal broker licensing examination within six months before the day on which the licensee applies to activate the license; or
(ii)
the successful completion of the 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.
