58-3047. Issuance of license; cancellation and reinstatement; termination of salesperson or associate broker, effect on license; termination of license effect on pending real estate transactions; duti
58-3047
58-3047. Issuance of license; cancellation andreinstatement; termination of salesperson or associate broker, effect onlicense; termination of license effect on pending real estatetransactions; duties upon closure of primary office or branch office; effectof.(a) The commission shall issue a license as broker or salesperson to eachapplicant who is qualified under and complies with all provisions of this actand rules and regulations adopted hereunder. The form of license shall beprescribed by the commission.
(b) A salesperson's or associate broker's license shall be delivered ormailed to the supervising broker or branch broker, if applicable, andshall be kept in the custody and controlof such broker until canceled or until the salesperson or associate brokerleaves employment by or association with the broker.
(c) Immediately upon the termination of a salesperson or associate brokerfrom employment by or association with a broker, the supervising brokeror branch broker, if applicable, shall return such salesperson's or associatebroker's license to the commission for cancellation.A license canceled but not suspended or revoked may be reinstated at anytime during the period for which it was issued upon receipt of the fee forreinstatement prescribed by K.S.A. 58-3063 and amendments thereto and anapplication therefor. Such applicationshall be made on a form provided by thecommission and shall be signed by the licensee and the licensee's supervisingbroker or branch broker, if applicable.
(d) Upon a change in a supervising broker's name, business name or tradename for the primaryoffice or a change in the location of a supervising broker's office, thesupervising broker shall, within 10 days, return to the commission togetherwith the reinstatement fee prescribed by K.S.A. 58-3063 and amendments thereto,for cancellation and reinstatement under the new name or location of thesupervising broker: (1) The license of the supervising broker; (2) the licenseof any other broker who is associatedwith the supervising broker and whose license requires reinstatement underthe new name or location; and (3)the licenses of all salespersons and associate brokers employed by orassociated with the supervising broker.
(e) The supervising broker of the primary office shall be responsible forensuring that the branch broker complies withsubsections (f) and (l).
(f) Upon a change in a supervising broker's name, business name or trade namefor the primary officeor a change in the location of a branch broker's office, the branch brokershall, within 10 days, return to the commission, for cancellation andreinstatement under the new name for the primary office and branchoffice or location of the branch office, the licenseof the branch broker and the licenses of all salespersons and associate brokersassigned to the branch office, together with the reinstatement fee prescribedby K.S.A. 58-3063 and amendments thereto.
(g) (1) To change the broker designated as the branch broker orsupervising broker of an office, the supervising broker shall, within 10 days,notify the commission on a form approved by the commission. Except asprovided in paragraphs (2), (3) or (4), the supervising broker shallreturn to the commission, for cancellation and reinstatement, thelicenses of the current brokerand new broker, together with the reinstatement fee prescribed by K.S.A.58-3063 and amendments thereto.
(2) The license of a broker is not required to be returned to thecommission for cancellation and reinstatement if the broker is:
(A) An associate broker in the primary office and will function as thesupervising broker; or
(B) an associate broker in the branch office and will function as the branchbroker.
(3) The license of a supervising broker is not required to be returned to thecommission for cancellation and reinstatement if the broker will continue to beassociated or employed by the primary office as an associate broker.
(4) The license of a branch broker is not required to be returned to thecommission for cancellation and reinstatement if the broker will continue to beassociated or employed by the branch office as an associate broker.
(h) If a salesperson's or associate broker's employment or association with asupervising broker is terminated by the supervising broker for violation ofthis act or rules and regulations adopted hereunder, or the brokeragerelationships in real estate transactions act or rules and regulations adoptedthereunder, the supervising broker shall submit a written statement to thecommission, within 10 days, setting forth the alleged facts that were involved.
(i) If a salesperson's or associate broker's employment or association with abranch broker is terminated by the branch broker for violation of this act orrules and regulations adopted hereunder, or the brokerage relationships in realestate transactions act or rules and regulations adopted thereunder, the branchbroker shall submit a written statement to the commission, within 10 days,setting forth the alleged facts that were involved.
(j) When a termination occurs pursuant to subsections (h) or (i) and a realestate transaction is involved, the duty to report shall apply whether thesalesperson or associate broker acted as an agent, transaction broker or as aprincipal in the transaction.
(k) Upon closure of a primary office, the supervising broker shall, within10 days, notify the commission of the closure of the office and return to thecommission the supervising broker's license and the licenses of allsalespersons or associate brokers employed by or associated with the primaryoffice for the following:
(1) Cancellation and reinstatement if the supervising broker has paid theappropriate fee and filed the appropriate form with the commission for purposesof the supervising broker becoming employed by or associated with a newsupervising broker or branch broker;
(2) cancellation and reinstatement if the salesperson or associate broker haspaid the appropriate fee and filed the appropriate form with the commission forpurposes of the salesperson or associate broker becoming employed by orassociated with a new supervising broker or branch broker; or
(3) placement of each license on inactive status.
(l) Upon closure of a branch office, the branch broker shall, within 10 days,notify the commission of the closure of the office and return to the commissionthe branch broker's license and the licenses of all salespersons or associatebrokers employed by or associated with the branch office for the following:
(1) Cancellation and reinstatement if the branch broker has paid theappropriate fee and filed the appropriate form with the commission for purposesof the branch broker becoming employed by or associated with a new supervisingbroker or branch broker;
(2) cancellation and reinstatement if the salesperson or associate brokerhas paid the appropriate fee and filed the appropriate form with the commissionfor purposes of the salesperson or associate broker becoming employed by orassociated with a new supervising broker or branch broker; or
(3) placement of each license on inactive status.
History: L. 1980, ch. 164, § 14;L. 1986, ch. 209, § 9;L. 2002, ch. 82, § 9;L. 2007, ch. 88, § 9;L. 2008, ch. 155, § 3; July 1.