61-2-6. Licensing procedures and requirements.
(1) (a) Except as provided in Subsection (5), the commission shall determine the
qualifications 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 upon
proof necessary to determine the honesty, integrity, truthfulness, reputation, and competency of
each 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 applicant
for:
(A) a sales agent license to complete an approved educational program consisting of the
number of hours designated by rule made by the commission with the concurrence of the
division, except that the rule may not require less than 120 hours; and
(B) an associate broker or principal broker license to complete an approved educational
program consisting of the number of hours designated by rule made by the commission with the
concurrence 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 ten hours per
day.
(d) The division, with the concurrence of the commission, shall require the applicant to
pass 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 real estate sales agent or its equivalent is
required before an applicant may apply for, and secure a principal broker or associate broker
license in this state.
(ii) The commission shall establish by rule, made in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, the criteria by which the commission will accept
experience 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 to
furnish a sworn statement setting forth evidence satisfactory to the division of the applicant's
reputation and competency as set forth by rule.
(b) The division shall require an applicant to provide the applicant's Social Security
number, which is a private record under Subsection 63G-2-302(1)(h).
(3) (a) A nonresident principal broker may be licensed in this state by complying with all
the provisions of this chapter except that of residency.
(b) A nonresident associate broker or sales agent may become licensed in this state by:
(i) complying with all the provisions of this chapter except that of residency; and
(ii) being employed or engaged as an independent contractor by or on behalf of a
nonresident or resident principal broker who is licensed in this state.
(4) (a) Except as provided in Subsection 61-2-9(1)(e)(iv), the division and commission
shall treat an application to be relicensed of an applicant whose real estate license is revoked 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 estate
license.
(5) (a) Notwithstanding Subsection (1), the commission may delegate to the division the
authority 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 an
application without concurrence by the commission and the division denies an application for
licensure, the applicant who is denied licensure may petition the commission for review of the
denial of licensure.
(ii) An applicant who is denied licensure pursuant to this Subsection (5) may seek agency
review by the executive director only after the commission has reviewed the division's denial of
the applicant's application.
Amended by Chapter 352, 2009 General Session
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Last revised: Thursday, May 28, 2009