Amend on 2_goldenrod February 21, 1997
- 2 -
1 division under Section
63-38-3.2 and upon providing proof acceptable to the division and the
2 commission of the licensee having completed the hours of education or demonstrated competence
3 as required under Subsection (2)(a).
4 (c) After this 30-day period, and until six months after the expiration date, the license may
5 be reinstated by:
6 (i) paying a renewal fee and a late fee determined by the commission with the concurrence
7 of the division under Section
63-38-3.2;
8 (ii) providing to the division proof of satisfactory completion of the applicable hours of
9 prelicensing education required under Section
61-2-6, which must be completed within six months
10 prior to reinstatement, or providing to the division evidence of successful completion of the
11 respective sales agent or broker licensing examination within six months prior to reinstatement;
12 and
13 (iii) providing proof acceptable to the division and the commission of the licensee having
14 completed the hours of education or demonstrated competence as required under Subsection (2)(a).
15 (d) A person who does not renew his license within six months after the expiration date
16 shall be relicensed as prescribed for an original application.
17 (3) As a condition for the activation of an inactive license, a licensee shall supply the
18 division with proof of:
19 (a) successful completion of the respective sales agent or broker licensing examination
20 within six months prior to activation; or
21 (b) the successful completion of the number of hours of continuing education that the
22 licensee would have been required to complete under Subsection (2)(a) if the licensee's license had
23 been on active status, up to the number of hours required for original licensure. Credit shall be
24 given only for education that has been taken within the five years preceding activation, except that
25 at least 12 hours of the education must have been taken within 12 months preceding activation.
26 (4) A principal broker license may be granted to a corporation, partnership, or association
27 if the corporation, partnership, or association has affiliated with it an individual who has qualified
28 as a principal broker under the terms of this chapter, and who serves in the capacity of a principal
29 broker. Application for the license shall be made in accordance with the rules adopted by the
30 division with the concurrence of the commission.
31 (5) The division may charge and collect reasonable fees determined by the commission
- 3 -
1 with the concurrence of the division under Section
63-38-3.2 to cover the costs for:
2 (a) issuance of a new or duplicate license;
3 (b) license histories or certifications;
4 (c) certified copies of official documents, orders, and other papers and transcripts;
5 (d) certifying real estate schools, courses, and instructors, the fees for which shall,
6 notwithstanding Section
13-1-2, be deposited in the Real Estate Education, Research, and
7 Recovery Fund; and
8 (e) other duties required by this chapter.
9 (6) If a licensee submits or causes to be submitted a check, draft, or other negotiable
10 instrument to the division for payment of fees, and the check, draft, or other negotiable instrument
11 is dishonored, the transaction for which the payment was submitted is void and will be reversed
12 by the division if payment of the applicable fee is not received in full.
13 (7) The fees under this chapter and the additional license fee for the Real Estate Education,
14 Research, and Recovery Fund under Section
61-2a-4 are in lieu of all other license fees or
15 assessments that might otherwise be imposed or charged by the state or any of its political
16 subdivisions, upon, or as a condition of, the privilege of conducting the business regulated by this
17 chapter, except that a political subdivision within the state may charge a business license fee if the
18 licensee maintains a place of business within the jurisdiction of the political subdivision. Unless
19 otherwise exempt, each licensee under this chapter is subject to all taxes imposed under Title 59,
20 Revenue and Taxation.
21 Section 3. Section
61-2-11 is amended to read:
22
61-2-11. Investigations -- Subpoena power of division -- Grounds for disciplinary
23
action.
24 The division may investigate or cause to be investigated the actions of any principal broker,
25 associate broker, sales agent, real estate school, course provider, or school instructor licensed or
26 certified by this state, or of any applicant for licensure or certification, or of any person who acts
27 in any of those capacities within this state. The division is empowered to subpoena witnesses, take
28 evidence, and require by subpoena duces tecum the production of books, papers, contracts, records,
29 other documents, or information considered relevant to the investigation. The division may serve
30 subpoenas by certified mail. Each failure to respond to a subpoena is considered as a separate
31 violation of this chapter. The commission, with the concurrence of the director, may impose a
- 4 -
1 civil penalty in an amount not to exceed $500 per violation, impose educational requirements, and
2 suspend, revoke, place on probation, or deny renewal, reinstatement, or reissuance of any license
3 or any certification if at any time the licensee or certificate holder, whether acting as an agent or
4 on his own account, is found guilty of:
5 (1) making any substantial misrepresentation;
6 (2) making any false promises of a character likely to influence, persuade, or induce;
7 (3) pursuing a continued and flagrant course of misrepresentation, or of making false
8 promises through agents, sales agents, advertising, or otherwise;
9 (4) acting for more than one party in a transaction without the informed consent of all
10 parties;
11 (5) acting as an associate broker or sales agent while not licensed with a licensed principal
12 broker, representing or attempting to represent a broker other than the principal broker with whom
13 he is affiliated, or representing as sales agent or having a contractual relationship similar to that
14 of sales agent with other than a licensed principal broker;
15 (6) failing, within a reasonable time, to account for or to remit any monies coming into his
16 possession that belong to others, or commingling those funds with his own, or diverting those
17 funds from the purpose for which they were received;
18 (7) paying or offering to pay valuable consideration, as defined by the commission, to any
19 person not licensed under this chapter, except that valuable consideration may be shared with a
20 licensed principal broker of another jurisdiction or as provided under the Professional Corporation
21 Act or the Limited Liability Company Act;
22 (8) being unworthy or incompetent to act as a principal broker, associate broker, or sales
23 agent in such manner as to safeguard the interests of the public;
24 (9) failing to voluntarily furnish copies of all documents to all parties executing the
25 documents;
26 (10) failing to keep and make available for inspection by the division a record of each
27 transaction, including the names of buyers and sellers or lessees and lessors, the identification of
28 the property, the sale or rental price, any monies received in trust, any agreements or instructions
29 from buyers and sellers or lessees and lessors, and any other information required by rule;
30 (11) failing to disclose, in writing, in the purchase, sale, or rental of property, whether the
31 purchase, sale, or rental is made for himself or for an undisclosed principal;
- 5 -
1 (12) regardless of whether the crime was related to real estate, being convicted of a
2
S [ [ ] criminal offense [ ] ] [ [ ] involving moral turpitude [] ] [
FELONY OR CLASS A MISDEMEANOR
]
2a
WITHIN FIVE YEARS OF THE
MOST RECENT APPLICATION
s , including a conviction based
2b upon a plea of nolo
3 contendere, or a plea held in abeyance to a
S [ [ ] criminal offense [ ] ] [
THE FELONY OR CLASS A
3a
MISDEMEANOR]
[ [ ] involving moral turpitude [ ] ] s ;
4 (13) advertising the availability of real estate or the services of a licensee in a false,
5 misleading, or deceptive manner;
6 (14) in the case of a principal broker or a licensee who is a branch manager, failing to
7 exercise reasonable supervision over the activities of his licensees and any unlicensed staff;
8 (15) violating or disregarding this chapter, an order of the commission, or the rules
9 adopted by the commission and the division;
10 (16) breaching a fiduciary duty owed by a licensee to his principal in a real estate
11 transaction;
12 (17) any other conduct which constitutes dishonest dealing;
13 (18) unprofessional conduct as defined by statute or rule; or
14 (19) suspension, revocation, surrender, or cancellation of a real estate license issued by
15 another jurisdiction, or of another professional license issued by this or another jurisdiction, based
16 on misconduct in a professional capacity that relates to character, honesty, integrity, or
17 truthfulness.
Legislative Review Note
as of 1-30-97 11:28 AM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Text Box