58-3040. Nonresident license.
58-3040
58-3040. Nonresident license.(a) A nonresident of this state may be granted a broker's license if:
(1) The nonresident is licensed as a broker in the nonresident's stateof residence; and
(2) such nonresident meets all requirements imposed by this act on Kansasresidents for licensure as a broker, except that the commission may waivethe educationprovided by subsection (b) of K.S.A. 58-3046a and amendments thereto, theexamination provided by K.S.A. 58-3039 and amendments thereto and theexperience provided by subsection (c) of K.S.A. 58-3039 and amendments theretofor a nonresident who, in the judgment of the commission, has receivedequivalent education, has passed an equivalent examination and has obtainedequivalent experience.
(b) A nonresident broker employed by or associatedwith a broker licensed pursuant to this act may be granted a broker's licenseunder such broker, if:
(1) The broker is licensed as a broker in the broker's state ofresidence; and
(2) such broker meets all requirements imposedby this act on Kansas residents for licensure as a broker,except that the commission may waive the educationprovided by subsection (b) of K.S.A. 58-3046a and amendments thereto, theexamination provided by K.S.A. 58-3039 and amendments thereto and theexperience provided by subsection (c) of K.S.A. 58-3039 and amendments theretoif, in the judgment of the commission, the broker has received equivalenteducation, has passed an equivalent examination and has obtained equivalentexperience.
(c) A nonresident salesperson employed by or associated with a brokerlicensed pursuant to this act may be granted a salesperson's license under suchbroker, if:
(1) The salesperson is licensed as a salesperson in the salesperson'sstate of residence; and
(2) such salesperson meets all requirements imposed by this act on Kansasresidents for licensure as a salesperson, except that the commission may waivethe education provided by subsection (a) of K.S.A. 58-3046a and amendmentsthereto and the examination provided by K.S.A. 58-3039 and amendments theretoif, in the judgment of the commission, the salesperson has received equivalenteducation and has passed an equivalent examination.
(d) The commission may enter into agreements with other jurisdictions asto the issuance of reciprocal licenses.
(e) The commission may waive the education provided by subsection (b) ofK.S.A. 58-3046a and amendments thereto, the examination provided by K.S.A.58-3039 and amendments thereto and the experience provided by subsection (c) ofK.S.A. 58-3039 and amendments thereto and issue an original broker's license toa Kansas resident who holds a broker's license issued by another jurisdictionif, in the judgment of the commission, the applicant received equivalenteducation, passed an equivalent examination and obtained equivalent experience.The applicant shall meet all other requirements imposed by this act.
(f) The commission may waive the education provided by subsection (a) ofK.S.A. 58-3046a and amendments thereto and the examination provided by K.S.A.58-3039 and amendments thereto and issue an original salesperson's license to aKansas resident who holds a salesperson's license issued by anotherjurisdiction if, in the judgment of the commission, the applicant receivedequivalent education and passed an equivalent examination. The applicant shallmeet all other requirements imposed by this act.
(g) Prior to the issuance of a license to a nonresident, theapplicant shallfile with the commission a designation in writing that appoints the directorof the commission as the applicant's agent, upon whom all judicial and otherprocess or legal notices directed to the applicant may be served in theevent such applicant becomes a licensee. Any process or legal notices toa nonresident licensee shall be directed to the director, accompanied bya fee of $3, and, in the case of a summons, shall requirethe nonresident licensee to answer within 40 days from the dateof service on such licensee. A summons and a certified copy of the petitionshall be forthwith forwarded by the clerk of the court to the director,who shall immediately forward a copy of the summons and the certified copyof the petition to the nonresident licensee. Thereafter, the directorshall make return of the summons to the court from which it was issued,showing the date of its receipt by the director, the date of forwardingand the name and address of the person to whom the director forwarded acopy. Such return shall have the same force and effect as a return madeby the sheriff on process directed to the sheriff.
(h) Prior to the issuance of a license to a nonresident, theapplicantmust agree in writing to abide by all provisions of this act with respectto the applicant's real estate activities within the state and submit tothe jurisdiction of the commission and the state in all matters relatingthereto. Such agreement shall be filed with the commission and shall remainin force for so long as the nonresident is licensed by this state andthereafterwith respect to acts or omissions committed while licensed as a nonresident.
(i) A nonresident licensed under this section shall be entitledto thesame rights and subject to the same obligations as are provided in thisact for Kansas residents, except that revocation or suspension of anonresident'slicense in the nonresident's state of residence shall automatically causethe same revocation or suspension of such nonresident's license issued underthisact. No hearing shall be granted to a nonresident licensee where licenseis subject to such automatic revocation or suspension except for the purposeof establishing the fact of revocation or suspension of the nonresident'slicense by the nonresident's state of residence.
History: L. 1980, ch. 164, § 7;L. 1985, ch. 188, § 2;L. 1986, ch. 209, § 4;L. 1993, ch. 241, § 2; July 1.