File No. 34196
This rule was published in the November 15, 2010, issue (Vol. 2010, No. 22) of the Utah State Bulletin.
Commerce, Real Estate
License Status Change
Notice of Proposed Rule
DAR File No.: 34196
Filed: 11/01/2010 03:49:58 PM
Purpose of the rule or reason for the change:
The substantive elements of this rule have been incorporated into the proposed new Rule R162-2f. Therefore, this rule is no longer needed. (DAR NOTE: The proposed new Rule R162-2f is under DAR No. 34191 in this issue, November 15, 2010, of the Bulletin.)
Summary of the rule or change:
The rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Subsection 61-2f-103(1)(a)
Anticipated cost or savings to:
the state budget:
Where the substantive provisions of this rule are incorporated into the proposed new Rule R162-2f, no fiscal impact to the state budget is anticipated from this filing.
Where the substantive provisions of this rule are incorporated into the proposed new Rule R162-2f, no fiscal impact to local governments is anticipated from this filing.
Where the substantive provisions of this rule are incorporated into the proposed new Rule R162-2f, no fiscal impact to small businesses is anticipated from this filing.
persons other than small businesses, businesses, or local governmental entities:
Where the substantive provisions of this rule are incorporated into the proposed new Rule R162-2f, no fiscal impact to affected persons is anticipated from this filing.
Compliance costs for affected persons:
In repealing this rule, the division and commission relieve affected persons of any obligation to comply with it. There are no compliance costs.
Comments by the department head on the fiscal impact the rule may have on businesses:
No fiscal impact to businesses is anticipated from this rule repeal as the substance of these provisions is contained in the new Rule R162-2f proposed by the Division.
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
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Deanna Sabey, Director
R162. Commerce, Real Estate.
R162-3. License Status Change.
R162-3-1. Status Changes. 3.1. A licensee must notify the Division within ten
working days of any status change. Status changes are effective
on the date the properly executed forms and appropriate
non-refundable fees are received by the Division. Notice must be
on the forms required by the Division.
3.1.1. Change of name requires submission of official
documentation such as a marriage or divorce certificate, or
3.1.2. Change of business, home address or mailing
address requires written notification. A post office box without
a street address is unacceptable as a business or home address.
The licensee may designate any address to be used as a mailing
3.1.3. Change of name of a brokerage must be accompanied
by evidence that the new name has been approved by the Division
of Corporations, Department of Commerce.
3.1.4. Change of Principal Broker of a real estate
brokerage which is a sole proprietorship, requires closure of the
registered entity. The new principal broker shall activate the
Registered Company and provide proof from the Division of
Corporations of the authorization to use the DBA. Change cards
will be required for the terminating Principal Broker, new
Principal Broker and all licensees affiliated with the
3.1.5. Change of a Principal Broker within an entity
which is not a sole proprietorship requires written notice from
the entity signed by both the terminating Principal Broker and
the new Principal Broker.
R162-3-2. Unavailability of Licensee. 3.2. If a licensee is not available to properly execute
the form required for a status change, the status change may
still be made provided a letter advising of the change is mailed
by certified mail to the last known address of the unavailable
licensee. A verified copy of the letter and proof of mailing by
certified mail must be attached to the form when it is submitted
to the Division.
R162-3-3. Transfers. 3.3. Prior to transferring from one principal broker to
another principal broker, the licensee must mail or deliver to
the Division written notice of the change on the form required by
R162-3-4. Inactivation. 3.4. To voluntarily inactivate a license, the licensee
must deliver or mail to the Division a written request for the
change signed by both the licensee and principal broker.
3.4.1. Prior to placing a principal broker license on an
inactive status, a principal broker must provide written notice
to each licensee affiliated with the principal broker of that
licensing status change. Evidence of that written notice must be
provided to the Division in order to process the status change.
The inactivation of the license of a principal broker will also
cause the licenses of all affiliated licensees to be immediately
inactivated if they do not transfer their licenses in accordance
with R162-3.3 prior to the effective date of the principal
broker's status change.
3.4.2. The non-renewal, suspension, or revocation of the
license of a principal broker will cause the licenses of
affiliated licensees to be immediately inactivated if they do not
transfer their licenses in accordance with R162-3.3 prior to the
effective date of the principal broker's status
18.104.22.168. When a principal broker is notified that the
principal broker's license will be suspended or revoked, the
principal broker must, prior to the effective date of the
suspension or revocation, provide written notice to each licensee
affiliated with the principal broker of that status change. In
addition, the Division shall send written notice to each sales
agent, associate broker, or branch broker of the effective date
of inactivation and the process for transfer.
3.4.3. The principal broker may involuntarily inactivate
the license of the sales agent or associate broker by complying
R162-3-5. Activation. 3.5. Licensees changing to active status must submit to
the Division the applicable non-refundable activation fee, a
request for activation in the form required by the Division, and,
if the license was on inactive status at the time of last license
renewal, proof of completion of the examination within six months
prior to applying to activate or proof of completion of the 18
hours of continuing education that the licensee would have been
required to complete in order to renew on active status. If a
licensee last renewed on inactive status and applies to activate
the license at the time of license renewal, the licensee shall be
required to complete the 18 hours of continuing education
required to renew but shall not be required to complete
additional continuing education in order to activate the
3.5.1 Continuing Education for Activation. The 18 hours
of continuing education required to activate a license shall be
made up of at least 9 hours of "core" courses in
subjects specified in Subsection R162-9.2.1. The balance of the
18 hours of continuing education may be "elective"
courses in the subjects listed in Subsection R162-9.2.2.
22.214.171.124 To qualify as continuing education for
activation, all courses submitted must have been completed within
one year before activation.
126.96.36.199 Continuing education that was submitted to
activate a license may not be used again toward the continuing
education required on the licensee's next renewal.
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
(a) 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.
(b) 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 18 hours of
continuing education required to renew a license on active
(c) A license may be reinstated after the six-month
period described in Subsection (b) and until one year after
expiration by complying with all requirements for a timely
renewal, paying a non-refundable reinstatement fee, and
submitting proof of having completed 24 hours of continuing
education in addition to the 18 hours of continuing education
required to renew a license on active status.
(d) A license that has been expired for more than one
year may not be reinstated and an applicant must apply for a new
license following the same procedure as an original
3.6.2 Renewal Requirements.
188.8.131.52 Continuing Education. To renew a license on
active status, 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 non-duplicative hours of
continuing education from courses certified by the
(a) 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 will need to
complete 6 additional non-duplicative hours of continuing
education (either "core" or "elective") as
defined in R184.108.40.206 - 9.2.10.
(b) During subsequent license periods, a licensee must
take at least 9 hours of non-duplicative continuing education
from courses certified by the division as "core" as
defined in R220.127.116.11. A licensee must take any remaining hours
of continuing education from courses certified by the division as
"elective" as defined in R18.104.22.168 -
(c) 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
(d) Licensees must retain original course completion
certificates for three years following renewal and produce those
certificates when audited by the division.
22.214.171.124 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
126.96.36.199 Any misrepresentation in an application for
renewal is 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: June 21,
Notice of Continuation: April 18, 2007
Authorizing, and Implemented or Interpreted Law:
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For questions regarding the content or application of this rule, please contact Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at email@example.com.