61-2-9.   Examination and license fees -- Criminal background check -- Renewal of licenses -- Education requirements -- Activation of inactive licenses -- Recertification -- Licenses of firm, partnership, or association -- Miscellaneous fees.
     (1) (a) Upon filing an application for a principal broker, associate broker, or sales agent license examination, the applicant shall pay a nonrefundable fee as determined by the commission with the concurrence of the division under Section 63J-1-504 for admission to the examination.
     (b) A principal broker, associate broker, or sales agent applicant shall pay a nonrefundable fee as determined by the commission with the concurrence of the division under Section 63J-1-504 for issuance of an initial license or license renewal.
     (c) A license issued under this Subsection (1) shall be issued for a period of not less than two years as determined by the division with the concurrence of the commission.
     (d) (i) Any of the following applicants shall comply with this Subsection (1)(d):
     (A) a new sales agent applicant; or
     (B) a broker applicant.
     (ii) An applicant described in this Subsection (1)(d) shall:
     (A) submit fingerprint cards in a form acceptable to the division at the time the license application is filed; and
     (B) consent to a criminal background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation regarding the application.
     (iii) The division shall request the Department of Public Safety to complete a Federal Bureau of Investigation criminal background check for each applicant described in this Subsection (1)(d) through the national criminal history system or any successor system.
     (iv) The applicant shall pay the cost of the criminal background check and the fingerprinting.
     (v) Monies paid to the division by an applicant for the cost of the criminal background check are nonlapsing.
     (e) (i) A license issued under Subsection (1)(d) is conditional, pending completion of the criminal background check. If the criminal background check discloses the applicant fails to accurately disclose a criminal history, the license shall be immediately and automatically revoked.
     (ii) A person whose conditional license is revoked under Subsection (1)(e)(i) may have a post-revocation hearing to challenge the revocation. The hearing shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
     (iii) The division director shall designate one of the following to act as the presiding officer in a postrevocation hearing described in this Subsection (1)(e):
     (A) the division; or
     (B) the division with the concurrence of the commission.
     (iv) The decision on whether relief from the revocation of a license under this Subsection (1)(e) will be granted shall be made by the presiding officer.
     (v) Relief from a revocation under this Subsection (1)(e) may be granted only if:
     (A) the criminal history upon which the division based the revocation:
     (I) did not occur; or
     (II) is the criminal history of another person;
     (B) (I) the revocation is based on a failure to accurately disclose a criminal history; and

     (II) the applicant has a reasonable good faith belief at the time of application that there was no criminal history to be disclosed; or
     (C) the division fails to follow the prescribed procedure for the revocation.
     (vi) If a license is revoked or a revocation under this Subsection (1)(e) is upheld after a post-revocation hearing, the person may not apply for a new license until at least 12 months after the day on which the license is revoked.
     (2) (a) (i) A license expires if it is not renewed on or before its expiration date.
     (ii) As a condition of renewal, an active licensee shall demonstrate competence by completing 18 hours of continuing education within a two-year renewal period subject to rules made by the commission, with the concurrence of the division.
     (iii) In making a rule described in Subsection (2)(c)(ii), the division and commission shall consider:
     (A) evaluating continuing education on the basis of competency, rather than course time;
     (B) allowing completion of courses in a significant variety of topic areas that the division and commission determine are valuable in assisting an individual licensed under this chapter to increase the individual's competency; and
     (C) allowing completion of courses that will increase a licensee's professional competency in the area of practice of the licensee.
     (iv) The division with the concurrence of the commission shall certify the continuing education required under this Subsection (2)(a) which may include:
     (A) state conventions;
     (B) home study courses;
     (C) video courses; and
     (D) closed circuit television courses.
     (v) The commission with concurrence of the division may exempt a licensee from all or a part of the continuing education requirement of this Subsection (2)(a) for a reasonable period of time:
     (A) upon a finding of reasonable cause, including:
     (I) military service; or
     (II) if an individual is elected or appointed to government service, the individual's government service during which the individual spends a substantial time addressing real estate issues; and
     (B) under conditions established by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
     (b) For a period of 30 days after the expiration date of a license, the license may be reinstated upon:
     (i) payment of a renewal fee and a late fee determined by the commission with the concurrence of the division under Section 63J-1-504; and
     (ii) providing proof acceptable to the division and the commission of the licensee having:
     (A) completed the hours of education required by Subsection (2)(a); or
     (B) demonstrated competence as required under Subsection (2)(a).
     (c) After the 30-day period described in Subsection (2)(b), and until six months after the expiration date, the license may be reinstated by:
     (i) paying a renewal fee and a late fee determined by the commission with the concurrence of the division under Section 63J-1-504;

     (ii) providing to the division proof of satisfactory completion of 12 hours of continuing education:
     (A) in addition to the requirements for a timely renewal; and
     (B) on a subject determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
     (iii) providing proof acceptable to the division and the commission of the licensee having:
     (A) completed the hours of education required under Subsection (2)(a); or
     (B) demonstrated competence as required under Subsection (2)(a).
     (d) After the six-month period described in Subsection (2)(c), and until one year after the expiration date, the license may be reinstated by:
     (i) paying a renewal fee and a late fee determined by the commission with the concurrence of the division under Section 63J-1-504;
     (ii) providing to the division proof of satisfactory completion of 24 hours of continuing education:
     (A) in addition to the requirements for a timely renewal; and
     (B) on a subject determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
     (iii) providing proof acceptable to the division and the commission of the licensee having:
     (A) completed the hours of education required by Subsection (2)(a); or
     (B) demonstrated competence as required under Subsection (2)(a).
     (e) The division shall relicense a person who does not renew that person's license within one year as prescribed for an original application.
     (f) Notwithstanding Subsection (2)(a), the division may extend the term of a license that would expire under Subsection (2)(a) except for the extension if:
     (i) the person complies with the requirements of this section to renew the license; and
     (ii) at the time of the extension, there is pending under this chapter:
     (A) the application for renewal of the license; or
     (B) a disciplinary action.
     (3) (a) As a condition for the activation of an inactive license that was in an inactive status at the time of the licensee's most recent renewal, the licensee shall supply the division with proof of:
     (i) successful completion of the respective sales agent or broker licensing examination within six months prior to applying to activate the license; or
     (ii) the successful completion of the hours of continuing education that the licensee would have been required to complete under Subsection (2)(a) if the license had been on active status at the time of the licensee's most recent renewal.
     (b) The commission may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish by rule:
     (i) the nature or type of continuing education required for reactivation of a license; and
     (ii) how long before reactivation the continuing education must be completed.
     (4) (a) A principal broker license may be granted to a corporation, partnership, or association if the corporation, partnership, or association has affiliated with it an individual who:
     (i) has qualified as a principal broker under the terms of this chapter; and

     (ii) serves in the capacity of a principal broker.
     (b) Application for the license described in Subsection (4)(a) shall be made in accordance with the rules adopted by the division with the concurrence of the commission.
     (5) The division may charge and collect reasonable fees determined by the commission with the concurrence of the division under Section 63J-1-504 to cover the costs for:
     (a) issuance of a new or duplicate license;
     (b) a license history or certification;
     (c) a certified copy of an official document, order, or other paper or transcript;
     (d) certifying a real estate school, course, or instructor, the fees for which shall, notwithstanding Section 13-1-2, be deposited in the Real Estate Education, Research, and Recovery Fund; and
     (e) other duties required by this chapter.
     (6) If a licensee submits or causes to be submitted a check, draft, or other negotiable instrument to the division for payment of a fee, and the check, draft, or other negotiable instrument is dishonored, the transaction for which the payment is submitted is void and will be reversed by the division if payment of the applicable fee is not received in full.
     (7) (a) A fee under this chapter and the additional license fee for the Real Estate Education, Research, and Recovery Fund under Section 61-2a-4 are in lieu of all other license fees or assessments that might otherwise be imposed or charged by the state or any of its political subdivisions, upon, or as a condition of, the privilege of conducting the business regulated by this chapter, except that a political subdivision within the state may charge a business license fee on a principal broker if the principal broker maintains a place of business within the jurisdiction of the political subdivision.
     (b) Unless otherwise exempt, a licensee under this chapter is subject to all taxes imposed under Title 59, Revenue and Taxation.

Amended by Chapter 183, 2009 General Session
Amended by Chapter 352, 2009 General Session
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Last revised: Thursday, May 28, 2009