DAR File No. 32767

Commerce, Real Estate

R162-3-6

Renewal and Reinstatement

NOTICE OF PROPOSED RULE

DAR File No.: 32767
Filed: 06/29/2009, 02:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2009 General Session, H.B. 86 increased the required continuing education hours for real estate professionals from 12 to 18. This filing makes the rules consistent with that change. (DAR NOTE: H.B. 86 (2009) is found at Chapter 352, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

Core and elective hours requirements are spelled out to be consistent with the upcoming (01/01/2010) requirement for 18 continuing education hours for real estate professionals.

State statutory or constitutional authorization for this rule:

Sections 61-2-5.5, 61-2-6, and 61-2-9

Anticipated cost or savings to:

the state budget:

None--The costs for reprinting the amended rule are minimal and will not impact the state budget.

local governments:

None--Local governments do not provide continuing education courses.

small businesses and persons other than businesses:

None--The legislature already increased the hours requirement by statute. This change simply makes the rules consistent with the statute.

Compliance costs for affected persons:

None--The legislature already increased the hours requirement by statute. This change simply makes the rules consistent with the statute.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing conforms the continuing education provisions to recent statutory changes. The fiscal impact to businesses as a result of the additional hours of education was likely considered in passage of Laws of Utah 2009 (H.B. 86). No further fiscal impact is anticipated. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Real Estate
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Thad LeVar at the above address, by phone at 801-530-6929, by FAX at 801-530-6446, or by Internet E-mail at tlevar@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2009

This rule may become effective on:

08/21/2009

Authorized by:

Thad LeVar, Deputy Director

R162. Commerce, Real Estate.

R162-3. License Status Change.

R162-3-6. Renewal and Reinstatement.

3.6.1 Licenses are valid for a period of two years. A license may be renewed by submitting all forms and fees required by the Division prior to the expiration date of the current license. Licenses not properly renewed shall expire on the expiration date.

3.6.1.1 A license may be reinstated within thirty days after expiration by complying with all requirements for a timely renewal and paying a non-refundable late fee.

3.6.1.2 A license may be reinstated after thirty days and within six months after expiration by complying with all requirements for a timely renewal, paying a non-refundable reinstatement fee and submitting proof of having completed 12 hours of continuing education in addition to the 12 hours of continuing education required to renew a license on active status.

3.6.1.3 A license that has been expired for more than six months may not be reinstated and an applicant must apply for a new license following the same procedure as an original license.

3.6.2 Renewal Requirements.

3.6.2.1 Continuing Education. To renew a license on active status before January 1, 2010, an applicant must submit to the division proof of having completed, during the previous license period and by the 15th day of the month of expiration, 12 hours of continuing education from courses certified by the division. To renew a license on active status after January 1, 2010, an applicant must submit to the division proof of having completed, during the previous license period and by the 15th day of the month of expiration, 18 hours of continuing education from courses certified by the division.

3.6.2.1.1 During the first license period, a licensee must take the 12-hour "New Sales Agent Course" certified by the division. Licensees in their first license period who renew their licenses before January 1, 2010 will satisfy their continuing education requirement ("core" and "elective") by taking the 12-hour "New Sales Agent Course." Licensees in their first license period who renew their licenses after January 1, 2010 will need to complete 6 additional hours of continuing education (either "core" or "elective") as defined in R162.9.2.1 - 9.2.10.

3.6.2.1.2 During subsequent license periods[,] before January 1, 2010 a licensee must take at least 6 hours of continuing education from courses certified by the division as "core" as defined in Rule R162.9.2.1. A licensee must take any remaining hours of continuing education from courses certified by the division as "elective" as defined in Rules R162.9.2.2 - 9.2.2.10. During subsequent license periods after January 1, 2010, a licensee must take at least 9 hours of continuing education from courses certified by the division as "core" as defined in R162.9.2.1. A licensee must take any remaining hours of continuing education from courses certified by the division as "elective" as defined in R162.9.2.2 - 9.2.2.10.

3.6.2.1.2.1 The division may grant continuing education credit for non-certified courses submitted by a renewal applicant in the form required by the division, if the course was not required by these rules to be certified and the division determines that the course meets the continuing education objectives listed in Rule R162.9.2.

3.6.2.1.3 Licensees must retain original course completion certificates for three years following renewal and produce those certificates when audited by the division.

3.6.2.2 Principal Broker. To renew a principal broker license on active status an applicant must certify that the business name under which the licensee is operating is current and in good standing with the Division of Corporations and that all real estate trust accounts are current and in compliance with Rule R162-4.2.

3.6.2.3 Any misrepresentation in an application for renewal will be considered a separate violation of these rules and separate grounds for disciplinary action against the licensee.

 

KEY: real estate business

Date of Enactment or Last Substantive Amendment: [July 30, 2008]2009

Notice of Continuation: April 18, 2007

Authorizing, and Implemented or Interpreted Law: 61-2-5.5