Okla. Admin. Code § 605:10-7-2
Current through Vol. 42, No. 6, December 2, 2024
Section 605:10-7-2 - License terms and fees; renewals; reinstatements(a)License term and fees. Each original license issued under the Code shall be issued to expire at the end of the thirtysixth (36) month including the month of issuance. Each original provisional sales associate license issued under the Code shall be issued to expire at the end of the twelfth (12th) month including the month of issuance. Fees are non-refundable and are as follows: (1) For an original broker license and each subsequent license renewal, to include corporations, associations, limited liability companies or partnerships, the fee shall be Two Hundred and Eighty Dollars ($280.00). For an original sole proprietor broker license and each subsequent license renewal, the fee shall be Four Hundred Dollars ($400.00).(2) For an inactive original broker license and each subsequent inactive license renewal, with the exception of corporations, associations or partnerships, the fee shall be One Hundred and Sixty 40 605:10-7-11. Applicant Criminal History Dollars ($160.00). In order to activate a license that was renewed inactive in the same license term, the licensee shall pay One Hundred and Sixty Five Dollars ($165.00). Thereafter, any future request to activate in the same license term shall be in accordance with Rule 605:10-7-4.(3) For an original broker associate license and each subsequent license renewal, the fee shall be Two Hundred and Forty Five Dollars ($245.00).(4) For an inactive original broker associate license and each subsequent inactive license renewal, the fee shall be One Hundred and Fifty Dollars ($150.00). In order to activate a license that was renewed inactive in the same license term, the licensee shall pay One Hundred and Fifty Five Dollars ($155.00). Thereafter, any future request to activate in the same license term shall be in accordance with Rule 605:10-7-4.(5) For an active original sales associate license and each subsequent active license renewal the fee shall be Two Hundred Dollars ($200.00).(6) For an inactive original sales associate license and each subsequent inactive license renewal the fee shall be One Hundred and Twenty Five Dollars ($125.00). In order to activate a sales associate license that was renewed inactive in the same license term, the licensee shall pay One Hundred and Thirty Five Dollars ($135.00). Thereafter, any future request to activate in the same license term shall be in accordance with Rule 605:10-7-4.
(7) For an original provisional sales associate license that is non-renewable the fee shall be Ninety Five Dollars ($95.00).(8) For an original branch office license and each subsequent license renewal the fee shall be One Hundred and Seventy Dollars ($170.00).(9) For each duplicate license or pocket card, where the original is lost or destroyed, and a written request is made, a fee of Seven Dollars and fifty cents ($7.50) shall be charged.(10) The Twenty Dollar ($20.00) Education and Recovery Fund fee, shall be added and payable with the license fee for an original license and for each subsequent license renewal. Exceptions to this rule are: 1) a provisional sales associate fee shall be Fifteen Dollars ($15.00) for their twelve (12) month license term.(b)Terms cannot be altered. Terms shall not be altered except for purposes of general reassignment of terms which might be necessitated for the purpose of maintaining an equitable staggered license term system.(c)Expiration date. The actual expiration date of a license shall be midnight of the last day of the month of the designated license term. A person who allows their license to expire may be subject to a national criminal history record check, as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.(d)Actual filing of license renewal. A license shall lapse and terminate if a renewal application and required fees have not been filed with the Commission by midnight of the date on which the license is due to expire.(e)Reinstatement of license. Any licensee whose license term has expired shall be considered for reinstatement of such license upon payment of an Eighty Dollar ($80.00) reinstatement fee in addition to the license fee(s) for each delinquent license period(s). The following documents and fees must be submitted: (1)Lapsed less than one year. In the case of a license lapsed less than one year: (C) Documents as required by the Commission.(2)Lapsed more than one year but less than three years. In the case of a license lapsed more than one year but less than three years: (C) National criminal history check.(D) A completed reinstatement application.(E) Successful completion of the appropriate licensing examination.(F) A statement that the applicant has read a current License Code and Rules.(G) Documents as may be required by the Commission.(3)Lapsed more than three years. If an application is submitted more than three (3) years subsequent to the most recent year of licensure, the applicant shall be regarded as an original applicant.(f)Reinstatement of a provisional sales associate license wherein post-license education was completed prior to license expiration date. An applicant who successfully completed the post-license education requirement before their first license expiration date and failed to renew their license on or before such date shall be eligible to reinstate the license as a sales associate according to 605:10-7-2 (e), (1) through (3).(g)Reinstatement of a provisional sales associate license wherein post-license education was not completed prior to license expiration date. An applicant who has not successfully completed the post-license education requirement prior to the first license expiration date shall not be eligible to reinstate such license and shall apply and qualify as an original applicant.(h)Reinstatement of revoked license. An applicant may not apply for re-license or reinstatement of license for a minimum of five (5) years from the effective date of license revocation, except for an applicant whose license was automatically revoked pursuant to Sections 858-402 or 858-604 of Title 59, Oklahoma Statutes. Upon the passage of the five (5) year period, the applicant shall be required to comply with the requirements of an original applicant.(i)Reinstatement of an automatically revoked license. An applicant who has had their license automatically revoked, pursuant to Section 858-402 or 858-604 of Title 59 of the Oklahoma Statutes, shall be required to comply with the requirements of (e) of this section. In addition, reinstatement will not be granted until all outstanding amounts due to the Commission have been paid in full.(j)Reinstatement of a surrendered or cancelled license. A surrendered or cancelled license applicant may be reinstated provided the applicant has received approval for re-issuance from the Commission. The following forms and fees must be submitted: (1)Reinstatement with term of license still current. A surrendered or cancelled license applicant whose license term is still current:(B) Re-issuance fee equal to the transfer of license fee.(C) Documents as may be required by the Commission.(D) Criminal history background check.(2)Reinstatement with term of license expired. A surrendered or cancelled license applicant whose license term has expired shall be required to comply with the requirements of (e) of this section.(3)Reinstatement of provisional sales associate with term of license expired. A surrendered or cancelled provisional sales associate whose license term has expired shall be required to comply with the following:(A) If a provisional sales associate completed the post-license requirement on or before the first license expiration date, the applicant shall be eligible to reinstate the license according to 605:10-7-2 (e), (1) through (2).(B) If a provisional sales associate did not complete the post-license requirement on or before the first license expiration date, the applicant shall be required to apply and qualify as an original applicant.(k)Continuing education requirement. Each licensee with the exception of those as listed in Title 59, O.S., Section 858307.2 (D) seeking renewal of a license must submit evidence that they have completed the continuing education requirements enumerated in Section 858-307.2 of Title 59. An applicant seeking active reinstatement of a lapsed license must submit evidence that all continuing education requirements have been completed for each term in which an active license is requested.(l)Issuance of license from provisional sales associate to sales associate. A provisional sales associate is required to furnish to the Commission evidence of successful completion of the Provisional Post-license Course of Real Estate, Part II of II education requirement as set forth in Section 858-302 of Title 59, of the Oklahoma Statutes. Upon successful completion of the Provisional Post-license Course of Real Estate, Part II of II education requirement, the provisional sales associate must submit the appropriate document(s) to the Commission prior to the provisional sales associate's license expiration date for issuance of a renewable sales associate license. The Commission shall not issue the provisional sales associate a renewable sales associate license until the provisional sales associate has submitted evidence of successful completion of the forty-five (45) clock hour post-license course requirement and submitted all form(s) and fee(s) as required by the Commission.(m)Licensee on active duty as a member of the Armed Forces of the United States.(1) In accordance with Title 59, O.S., Section 4100.6 of the Post-Military Service Occupation, Education and Credentialing Act while a license holder is on active duty the license may be renewed without payment of the license and education and recovery fund fee and meeting the continuing education requirement. Such waiver shall be requested in writing to the Commission prior to license expiration along with evidence of the order for active duty. The license issued pursuant to this rule may be continued as long as the licensee is a member of the Armed Forces of the United States on active duty and for a period of at least one (1) year after discharge from active duty. Upon discharge from active duty and a request for license activation, the licensee shall submit to the Commission evidence of successful completion of the continuing education requirement for the current license renewal term.(2) If a licensee on active duty does not request such a waiver in writing and the license expires, the applicant may, by written request provide the Commission documentation as required in subparagraph (1) of this subsection; however, no later than one (1) year after discharge from active duty.(3) In the event a license expires during the events as noted herein, the Commission shall waive the criminal history background check and license examination.(4) Member of the National Guard or reserve component of the armed forces. In accordance with Title 72, Chapter 1, Section 48.2 Extension and Renewal of Professional Licenses, any licensee whose license expires while on active duty as a member of the National Guard or reserve component of the armed forces shall be extended until no later than one (1) year after the member is discharged from active duty status. Upon the Commission receiving a copy of the official orders calling the member or reservist to active duty and official orders discharging the member or reservist from active duty all licensee fee and continuing education shall be waived for this time period as well as the criminal history background check and license examination.(n)Reinstatement for corporation, association or partnership.(1) A corporation, association or partnership that has lapsed for less than three (3) years that wishes to reinstate must submit: (B) Reinstatement fee, forms and documents as required by the Commission.(C) If the corporation or association has been lapsed for more than sixty (60) days, a current "Certification of Good Standing."(2) Any corporation, association or partnership that has lapsed for more than three (3) years must submit an original application to be considered for licensure.(o)Reinstatement for branch offices.(1) A branch office that is lapsed for less than three (3) years that wishes to reinstate must submit: (B) Reinstatement fee, forms and documents as required by the Commission(2) Any branch office that has lapsed for more than three (3) years must submit an original application as a new branch office.(p)Specific license fees waived for low-income individuals. In accordance with Title 59, Section 4003, any applicant who can present satisfactory evidence of being a low-income individual shall receive a one-time one-year waiver of the licensure fees as outlined in 605:10-7-2 (a). Such waiver shall be prorated for a multi-year license so that the applicant shall only receive a waiver for one year of the applicable license fees. For the purposes of this section, "low-income individual" means an individual who is enrolled in a state or federal public assistance program, or whose household adjusted gross income is below 140% of the federal poverty line or a higher threshold to be set by the executive branch department that oversees business regulation. Satisfactory evidence that the applicant is a low-income individual must be made upon forms provided by the Commission and must be presented upon application for original licensure.Okla. Admin. Code § 605:10-7-2
Amended at 8 Ok Reg 2071, eff 7-1-91; Amended at 10 Ok Reg 2087, eff 7-1-93; Amended at 12 Ok Reg 1813, eff 7-1-95; Amended at 14 Ok Reg 3031, eff 7-11-97; Amended at 15 Ok Reg 3322, eff 7-13-98; Amended at 17 Ok Reg 2645, eff 7-1-00; Amended at 18 Ok Reg 3485, eff 8-1-01 (emergency); Amended at 19 Ok Reg 2410, eff 7-1-02; Amended at 24 Ok Reg 2321, eff 7-1-07; Amended at 25 Ok Reg 441, eff 1-1-08 (emergency); Amended at 25 Ok Reg 1989, eff 7-1-08; Amended at 26 Ok Reg 2607, eff 7-11-09; Amended at 28 Ok Reg 1812, eff 7-1-11; Amended at 29 Ok Reg 1402, eff 7-1-12; Amended at 30 Ok Reg 2054, eff 11-1-13
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 11/1/2019Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 11/1/2020Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 11/1/2021Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 11/1/2023Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 11/1/2024