61-2f-204. Licensing fees and procedures -- Renewal fees and procedures.
(1) Upon filing an application for an examination for a license under this chapter, the applicant shall pay a nonrefundable fee established in accordance with Sectionfor admission to the examination. 63J-1-504 An applicant for a principal broker, associate broker, sales agent, or property manager license shall pay a nonrefundable fee as determined by the commission with the concurrence of the division under Sectionfor issuance of an initial license or license renewal. 63J-1-504 The division shall issue a license under this Subsectionfor a period of not less than two years as the division determines with the concurrence of the commission. (1) Each of the following applicants shall comply with this Subsection: (1)(d) a new sales agent applicant; a principal broker applicant; an associate broker applicant; and on or after January 1, 2027, a property manager applicant. An applicant described in this Subsectionshall at the time the applicant files an application: (1)(d) submit to the division fingerprint cards in a form acceptable to the Department of Public Safety; submit to the division a signed waiver in accordance with Subsection, acknowledging the registration of the applicant's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; 53-10-108(4) consent to a criminal background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation; and pay the fee the division establishes in accordance with Subsection. (1)(d)(iv) The Bureau of Criminal Identification shall: check the fingerprints an applicant submits under Subsectionagainst the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System; (1)(d)(ii) report the results of the background check to the division; maintain a separate file of fingerprints that applicants submit under Subsectionfor search by future submissions to the local and regional criminal records databases, including latent prints; (1)(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and ensure that the division only receives notifications for an individual with whom the division maintains permission to receive notifications. The division shall assess an applicant who submits fingerprints under this Subsectionora fee in an amount that the division sets in accordance with Sectionfor services that the division and the Bureau of Criminal Identification or another authorized agency provide under this Subsectionor. (1)(d) (2)(f) 63J-1-504 (1)(d) (2)(f) The Bureau of Criminal Identification may collect from the division money for services provided under this section. Money paid to the division by an applicant for the cost of the criminal background check is nonlapsing. In accordance with, and with the concurrence of the division, the commission may make rules for the administration of this Subsectionand Subsectionregarding criminal background checks with ongoing monitoring. Title 63G, Chapter 3, Utah Administrative Rulemaking Act (1)(d) (2)(f) A license issued under Subsectionis conditional, pending completion of the criminal background check. (1)(d) If a criminal background check discloses that an applicant fails to accurately disclose a criminal history, the division: shall review the application; and in accordance with rules made by the division in accordance with, may: Title 63G, Chapter 3, Utah Administrative Rulemaking Act place a condition on a license; place a restriction on a license; revoke a license; or refer the application to the commission for a decision. An individual whose conditional license is conditioned, restricted, or revoked under Subsectionmay have a hearing after the action is taken to challenge the action. (1)(e)(ii) The division shall conduct a hearing described in Subsectionin accordance with. (1)(e)(iii)(A) Title 63G, Chapter 4, Administrative Procedures Act The director shall designate one of the following to act as the presiding officer in a hearing described in Subsection: (1)(e)(iii)(A) the division; or the division with the concurrence of the commission. The presiding officer shall decide whether to grant relief from an action under this Subsection. (1)(e) If a license is revoked or a revocation under this Subsectionis upheld after a hearing, the individual may not apply for a new license until at least 12 months after the day on which the license is revoked. (1)(e)
(2) A license expires if the license is not renewed on or before the expiration date of the license. 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. In making a rule described in Subsection, the division and commission shall consider: (2)(c)(ii) evaluating continuing education based on competency, rather than course time; 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 allowing completion of courses that will increase a licensee's professional competency in the area of practice of the licensee. The division may award credit to a licensee for a continuing education requirement of this Subsectionfor a reasonable time period upon a finding of reasonable cause, including: (2)(a) military service; or 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 subject to conditions established by rule made in accordance with. Title 63G, Chapter 3, Utah Administrative Rulemaking Act For a period of 30 days after the day on which a license expires, the division may reinstate the license: if the applicant's license was inactive on the day on which the applicant's license expired, upon payment of a renewal fee and a late fee determined by the commission with the concurrence of the division under Section; or 63J-1-504 if the applicant's license was active on the day on which the applicant's license expired, upon payment of a renewal fee and a late fee determined by the commission with the concurrence of the division under Section, and providing proof acceptable to the division and the commission of the licensee having: 63J-1-504 completed the hours of education required by Subsection; or (2)(a) demonstrated competence as required under Subsection. (2)(a) After the 30-day period described in Subsection, and until one year after the day on which an active or inactive license expires, the division may reinstate the license if the applicant: (2)(b) pays a renewal fee and a late fee determined by the commission with the concurrence of the division under Section; and 63J-1-504 provides proof acceptable to the division and the commission of the licensee having: completed the hours of education required by Subsection; or (2)(a) demonstrated competence as required under Subsection. (2)(a) The division shall relicense an individual who does not renew that individual's license within one year as prescribed for an original application. Notwithstanding Subsection, the division may extend the term of a license that would expire under Subsectionexcept for the extension if: (2)(a) (2)(a) the individual complies with the requirements of this section to renew the license; and the renewal application remains pending at the time of the extension; or at the time of the extension, there is pending a disciplinary action under this chapter. Each applicant for renewal or reinstatement of a license to practice as a sales agent, principal broker, associate broker, or a property manager, who is not already subject to ongoing monitoring of the individual's criminal history shall, at the time the application for renewal or reinstatement is filed: submit fingerprint cards in a form acceptable to the Department of Public Safety; submit to the division a signed waiver in accordance with Subsection, acknowledging the registration of the applicant's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; 53-10-108(4) consent to a fingerprint background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation; and pay the fee the division establishes in accordance with Subsection. (1)(d)(iv)
(3) 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: successful completion of the respective sales agent or principal broker licensing examination within six months before the day on which the licensee applies to activate the license; or the successful completion of the hours of continuing education that the licensee would have been required to complete under Subsectionif the license had been on active status at the time of the licensee's most recent renewal. (2)(a) The commission may, in accordance with, subject to concurrence by the division, establish by rule: Title 63G, Chapter 3, Utah Administrative Rulemaking Act the nature or type of continuing education required for reactivation of a license; and how long before reactivation the continuing education must be completed.