Registration of person or branch office -- Certification of education providers and courses -- Specialized licenses.
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(1)
(a) A person may not engage in an activity described in Section 61-2f-201, unless the person is registered with the division.
(b) To register with the division under this Subsection (1), a person shall submit to the division:
(i) an application in a form required by the division;
(ii) evidence of an affiliation with a principal broker;
(iii) evidence that the person is registered and in good standing with the Division of Corporations and Commercial Code; and
(iv) a registration fee established by the commission with the concurrence of the division under Section 63J-1-504.
(c) The division may terminate a person's registration if:
(i) the person's registration with the Division of Corporations and Commercial Code has been expired for at least three years; and
(ii) the person's license with the division has been inactive for at least three years.
(2)
(a) A principal broker shall register with the division each of the principal broker's branch offices.
(b) To register a branch office with the division under this Subsection (2), a principal broker shall submit to the division:
(i) an application in a form required by the division; and
(ii) a registration fee established by the commission with the concurrence of the division under Section 63J-1-504.
(3)
(a) In accordance with rules made by the commission with the concurrence of the division and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall certify:
(i) a real estate school;
(ii) a course provider; or
(iii) an instructor.
(b) In accordance with rules made by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, subject to concurrence by the division, the division shall certify a continuing education course that is required under this chapter.
(4) Except as provided under this chapter or by rule the commission makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a principal broker may not be responsible for more than one registered person at the same time.
(5) A principal broker:
(a) shall exercise active and reasonable supervision of the principal broker's main office in accordance with this chapter and rules the commission makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b) may supervise a branch office affiliated with the principal broker at the same time the principal broker exercises the supervision required under Subsection (5)(a).
(6)
(a) A principal broker may designate a branch broker to supervise a branch office affiliated with the principal broker.
(b) A branch broker shall exercise active and reasonable supervision, in accordance with this chapter and rules the commission makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, of each branch office the principal broker designates the branch broker to supervise.
(7)
(a) In addition to issuing a principal broker license, associate broker license, or sales agent license authorizing the performance of an act set forth in Section 61-2f-201, the division may issue a specialized sales license or specialized property management license with the scope of practice limited to the specialty.
(b) An individual may hold a specialized license in addition to a license as a principal broker, associate broker, or a sales agent.
(c) A sales agent who is affiliated with a dual broker may act as a property management sales agent if:
(i) the dual broker designates the sales agent as a property management sales agent; and
(ii) the sales agent pays to the division a property management sales agent designation fee in an amount determined by the division in accordance with Section 63J-1-504.
(d) A property management sales agent may simultaneously provide both property management services and real estate sales services under the supervision of a dual broker as provided by the commission with the concurrence of the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(8) The commission may determine, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, subject to concurrence by the division, licensing requirements related to this section for a principal broker, associate broker, sales agent, dual broker, property management sales agent, or for a specialized license described in Subsection (7), including:
(a) prelicensing and postlicensing education requirements;
(b) examination requirements;
(c) affiliation with real estate brokerages or property management companies;
(d) property management sales agent:
(i) designation procedures;
(ii) allowable scope of practice; and
(iii) division fees;
(e) what constitutes active and reasonable supervision for:
(i) a principal broker when supervising a branch broker or sales agent; and
(ii) a branch broker when supervising a sales agent; and