Okla. Admin. Code § 605:10-7-9

Current through Vol. 42, No. 6, December 2, 2024

Section 605:10-7-9 - Nonresident licensing

(a)Nonresident licensed in another jurisdiction. A nonresident applicant may apply to the Commission for a license to operate as a nonresident by submitting all appropriate documents as required by the Commission and furnish evidence that the applicant possesses a current active license in the applicant's resident jurisdiction or another jurisdiction in which the applicant has qualified for a license. No license shall be issued to any nonresident applicant at a higher level than the highest license of any current active license in the applicant's resident jurisdiction or another jurisdiction in which the applicant has qualified for a license. All nonresidents shall be required to complete the appropriate examination as required by the Commission. All nonresidents shall be required to maintain a registered agent in Oklahoma to accept service of process. No inactive license experience may be credited to qualify under this section. The Commission may issue a nonresident license if such nonresident has qualified and maintains a license in another jurisdiction and meets the following qualifications:

(1) A nonresident applicant who has been actively licensed as a sales associate or broker respectively for a minimum of two (2) years out of the previous three (3) years.

(A) A nonresident applicant that applies under this paragraph must complete and submit the following:

(i) Appropriate application(s).

(ii) License certification(s) from the jurisdiction in which the applicant has held and/or currently holds a license.

(iii) Criminal history background application, fingerprint card and fee.

(iv) Examination fee and successful completion of the state portion of the examination.

(v) Consent for service of jurisdiction.

(vi) Proof of completion of at least one (1) continuing education clock hour in each of the following Oklahoma-specific subjects: Broker Relationships Act, Code and Rule Updates, and six (6) hours of Contracts and Forms.

(B) Upon the Commission granting approval to the nonresident applicant for licensure in this jurisdiction, the applicant must complete and submit the following:

(i) appropriate license application form(s) along with license and education and recovery fund fees.

(2) A nonresident applicant who has been actively licensed less than two (2) years as a sales associate or broker respectively out of the previous three (3) years must successfully complete the appropriate examination.

(A) A nonresident applicant applying under this paragraph must complete and submit the following:

(i) Appropriate application(s).

(ii) License certification(s) from jurisdiction(s) in which the applicant has held and/or currently holds a license.

(iii) Criminal history background application, fingerprint card and fee.

(iv) Examination fee and successful completion of the entire appropriate examination.

(v) Consent for service of jurisdiction.

(vi) Proof of completion of at least one (1) continuing education clock hour in each of the following Oklahoma-specific subjects: Broker Relationships Act, Code and Rule Updates, and six (6) hours of Contracts and Forms.

(B) Upon the Commission granting approval to the nonresident applicant for licensure in this jurisdiction, the applicant must complete and submit the following:

(i) Appropriate license application form(s) along with license and education and recovery fund fees.

(b)Nonresident agreement. The Commission may enter into a nonresident agreement with another jurisdiction and thereby qualify actively licensed nonresident applicants for licensing in this jurisdiction provided the Commission determines that the educational and experience requirements of the other jurisdiction are equivalent or equal to this jurisdiction; however, the applicant shall be required to comply with paragraph (a)(1)(A) and (B) of this section.

(c)Nonresident applicant that is inactive in another jurisdiction. A nonresident applicant who holds an inactive license in another jurisdiction and is unable to meet the requirement under paragraph (a) of this section may apply to the Commission for a license to operate as a nonresident provisional sales associate by submitting all appropriate documents and successfully completing all requirements as required by the Commission.

(1) The nonresident applicant must complete and submit the following:

(A) Appropriate application(s).

(B) Criminal history background application, fingerprint card and fee.

(C) Qualify as an original applicant by submitting proof of appropriate required education.

(D) Examination fee and successful completion of the entire appropriate examination.

(E) License certification(s) from the jurisdiction(s) in which the applicant holds or has held a license.

(F) Consent for service of jurisdiction form.

(G) Proof of completion of at least one (1) continuing education clock hour in each of the following Oklahoma-specific subjects: Broker Relationships Act, Code and Rule Updates, and six (6) hours of Contracts and Forms.

(2) Upon the Commission granting approval to the nonresident applicant for licensure in this jurisdiction, the applicant must complete and submit appropriate license application form(s) along with license and education and recovery fund fees.

(d)Consent for service of jurisdiction. Prior to the issuance of a license to a nonresident, such nonresident shall file with the Commission a designation in writing that appoints the Secretary-Treasurer of the Commission to act as the licensed agent, upon whom all judicial and other process or legal notices directed to such nonresident licensee may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the Secretary-Treasurer of the Commission, shall be deemed sufficient evidence thereof and shall be admitted into evidence with the same force and effect as the original thereof. In such written designation, the licensee shall agree and stipulate that any notice or instrument which is served upon such agent shall be of the same legal force and validity as if served upon the licensee, and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon receipt of any such process or notice the Secretary-Treasurer shall forthwith mail a copy of the same, by certified mail, to the last known business address of the licensee.

(e)License history and application requirements. Prior to the approval of the application, the nonresident must file with the Commission a certification of licensure from the real estate licensing jurisdiction of the licensee's resident jurisdiction and/or other jurisdictions in which the applicant has held or currently holds a license. The applicant shall pay the Commission the same examination fee and license fee as provided in the "Rules" for the obtaining of a resident sales associate or broker license in this jurisdiction. The certification of licensure shall be valid for sixty (60) days from date of issuance.

(f)Approved application valid forone (1) year. An approved application shall be valid for one (1) year.

(g)Stipulations. Nonresident licenses granted under the provisions of this section shall remain in force, only as long as such nonresident remains licensed in good standing in this jurisdiction or any other jurisdiction in which the nonresident is or has been licensed.

(h)Co-brokerage arrangements. A broker of this jurisdiction may participate in a cooperative brokerage arrangement with a broker of another jurisdiction provided that each broker conducts real estate activities only in the jurisdiction in which they are licensed.

(i)Request for license transfer. In the event a nonresident Oklahoma licensee desires to transfer the license and obtain a resident Oklahoma license or desires to transfer the license to another jurisdiction, the nonresident licensee shall be required to meet all applicable requirements and submit all appropriate documents as required by the Commission. In the event a resident Oklahoma licensee desires to transfer the license and obtain a nonresident Oklahoma license, the licensee shall be required to pay the appropriate change of address fee and complete and submit all appropriate documents as required by the Commission.

(j)Continuing education. If a nonresident licensee completes the continuing education requirement of another jurisdiction for license renewal, the Commission will require proof of completion of at least one (1) continuing education clock hour in Broker Relationships Act, Code and Rule Updates, and six (6) hours of Contracts and Forms. If a nonresident licensee is exempt from meeting a continuing education requirement in another jurisdiction then the licensee must meet the Oklahoma continuing education requirement as follow:

(1) Each nonresident licensee shall complete thirteen (13) clock hours of required subject matter as directed by the Commission.

(2) The required subject matter, or its equivalent, as determined by the Commission, shall consist at least one (1) hour of all following subjects each license term: Broker Relationships Act, Fair Housing, Code and Rules Updates, Current Issues, six (6) hours of Contracts and Forms, and three (3) hours of Professional Conduct. The remaining seventeen (17) clock hours may consist of elective subject matter as approved by the Commission.

(3) Any licensee may complete the Broker in Charge course as approved by the Commission consisting of fifteen (15) clock hours in lieu of the required subject matter.

(4) Any Broker who holds or has held a license type of Broker Manager (BM), Proprietor Broker (BP), or Branch Broker (BB) during any portion of their current license term shall be required to successfully complete the Broker in Charge course consisting of fifteen (15) clock hours, or its equivalent, as approved by the Commission. In addition, to satisfy the continuing education requirement of thirty (30) clock hours, such broker shall complete at least six (6) hours of Contracts and Forms education. The remaining hours may consist of electives.

(5) Any broker that lapsed or renewed inactive in their previous license term or current license term who applies for reinstatement or activation and held in their previous or current license term the license type of Broker Manager (BM), Proprietor Broker (BP), or Branch Broker (BB) must complete the Broker in Charge course, six (6) hours of Contracts and Forms, and nine (9) hours of electives prior to their license being reinstated active or reactivating.

(k) Any broker applying for reinstatement or activation as a Broker Manager, Proprietor Broker, or Branch Broker must provide documentation verifying completion of ten (10) real estate transactions within the past five (5) years or the equivalent as determined by the Commission. For purposes of this section, transaction shall be defined as the completed sale, exchange, purchase or lease of real estate and shall be demonstrated on forms developed by the Commission.

Okla. Admin. Code § 605:10-7-9

Amended at 10 Ok Reg 2087, eff 7-1-93; Amended at 15 Ok Reg 3322, eff 7-13-98; Amended at 26 Ok Reg 70, eff 9-18-08 (emergency); Amended at 26 Ok Reg 2607, eff 7-11-09; Amended at 27 Ok Reg 1940, eff 7-1-10; Amended at 30 Ok Reg 2057, eff 11-1-13

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 11/1/2020

Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 11/1/2024