61-2f-203 - Licensing requirements.
61-2f-203. Licensing requirements.
(1) (a) Except as provided in Subsection (5), the commission shall determine thequalifications and requirements of an applicant for:
(i) a principal broker license;
(ii) an associate broker license; or
(iii) a sales agent license.
(b) The division, with the concurrence of the commission, shall require and pass uponproof necessary to determine the honesty, integrity, truthfulness, reputation, and competency ofeach applicant for an initial license or for renewal of an existing license.
(c) (i) The division, with the concurrence of the commission, shall require an applicantfor:
(A) a sales agent license to complete an approved educational program consisting of thenumber of hours designated by rule made by the commission with the concurrence of thedivision, except that the rule may not require less than 120 hours; and
(B) an associate broker or a principal broker license to complete an approved educationalprogram consisting of the number of hours designated by rule made by the commission with theconcurrence of the division, except that the rule may not require less than 120 hours.
(ii) An hour required by this section means 50 minutes of instruction in each 60 minutes.
(iii) The maximum number of program hours available to an individual is eight hours perday.
(d) The division, with the concurrence of the commission, shall require the applicant topass an examination approved by the commission covering:
(i) the fundamentals of:
(A) the English language;
(B) arithmetic;
(C) bookkeeping; and
(D) real estate principles and practices;
(ii) the provisions of this chapter;
(iii) the rules established by the commission; and
(iv) any other aspect of Utah real estate license law considered appropriate.
(e) (i) Three years' full-time experience as a sales agent or its equivalent is requiredbefore an applicant may apply for, and secure a principal broker or associate broker license inthis state.
(ii) The commission shall establish by rule, made in accordance with Title 63G, Chapter3, Utah Administrative Rulemaking Act, the criteria by which the commission will acceptexperience or special education in similar fields of business in lieu of the three years' experience.
(2) (a) The division, with the concurrence of the commission, may require an applicant tofurnish a sworn statement setting forth evidence satisfactory to the division of the applicant'sreputation and competency as set forth by rule.
(b) The division shall require an applicant to provide the applicant's Social Securitynumber, which is a private record under Subsection 63G-2-302(1)(h).
(3) (a) An individual who is not a resident of this state may be licensed in this state if theperson complies with all the provisions of this chapter.
(b) An individual who is not a resident of this state may be licensed as an associatebroker or sales agent in this state by:
(i) complying with all the provisions of this chapter; and
(ii) being employed or engaged as an independent contractor by or on behalf of aprincipal broker who is licensed in this state, regardless of whether the principal broker is aresident of this state.
(4) (a) Except as provided in Subsection 61-2f-204(1)(e)(vi), the division andcommission shall treat an application to be relicensed of an applicant whose real estate license isrevoked as an original application.
(b) In the case of an applicant for a new license as a principal broker or associate broker,the applicant is not entitled to credit for experience gained before the revocation of a real estatelicense.
(5) (a) Notwithstanding Subsection (1), the commission may delegate to the division theauthority to:
(i) review a class or category of applications for initial or renewed licenses;
(ii) determine whether an applicant meets the licensing criteria in Subsection (1); and
(iii) approve or deny a license application without concurrence by the commission.
(b) (i) If the commission delegates to the division the authority to approve or deny anapplication without concurrence by the commission and the division denies an application forlicensure, the applicant who is denied licensure may petition the commission for review of thedenial of licensure.
(ii) An applicant who is denied licensure pursuant to this Subsection (5) may seek agencyreview by the executive director only after the commission has reviewed the division's denial ofthe applicant's application.
Renumbered and Amended by Chapter 379, 2010 General Session