Section R162-2f-201 - Qualification for Licensure(1) Pursuant to Subsection 61-2f-203(1)(c), an applicant for licensure as a sales agent, associate broker, or principal broker shall evidence honesty, integrity, truthfulness, and reputation.(a) An applicant may be denied a license or issued a restricted license for incidents in the applicant's past that reflect negatively on the applicant's honesty, integrity, truthfulness, and reputation. In evaluating an applicant for these qualities, the division and commission may consider:(i) criminal convictions with particular consideration given to any such acts involving:(A) a felony conviction occurring within the five years preceding the date of application;(B) a jail or prison term resulting from a felony conviction with a release date falling within the five years preceding the date of application;(C) a conviction of a class A or class B misdemeanor, or similar offense, involving fraud, misrepresentation, theft, or dishonesty occurring within the three years preceding the date of application; or(D) a jail term resulting from a conviction of a class B or class A misdemeanor, or similar offense, involving fraud, misrepresentation, theft, or dishonesty with a release date falling within the three years preceding the date of application;(iii) past acts related to honesty or truthfulness, with particular consideration given to any such acts involving the business of real estate, that would be grounds under Utah law for sanctioning an existing license;(iv) civil judgments in lawsuits brought on grounds of fraud, misrepresentation, or deceit;(v) court findings of fraudulent or deceitful activity;(vi) evidence of non-compliance with court orders or conditions of sentencing; and(vii) evidence of non-compliance with: (A) terms of a diversion agreement not yet closed and dismissed;(B) a probation agreement; or(b)(i) An applicant who, as of the date of application, is serving probation or parole for a crime that contains an element of violence or physical coercion shall, in order to submit a complete application, provide for the commission's review current documentation from two licensed therapists, approved by the division, stating that the applicant does not pose an ongoing threat to the public.(ii) For purposes of applying this rule, crimes that contain an element of violence or physical coercion include the following:(A) assault, including domestic violence;(C) sex abuse of a child;(F) interruption of a communication device;(J) breaking and entering;(L) sexual solicitation or enticement;(iii) Information and documents submitted in compliance with this Subsection (1) shall be reviewed by the commission, which may exercise discretion in determining whether the applicant qualifies for licensure.(2) In evaluating an applicant for competency, the division and commission may consider evidence including: (a) civil judgments, with particular consideration given to any such judgments involving the business of real estate;(b) failure to satisfy a civil judgment that has not been discharged in bankruptcy;(c) suspension or revocation of a professional license;(d) sanctions placed on a professional license; and(e) investigations conducted by regulatory agencies.(3) Age. An applicant shall be at least 18 years of age.(4) The minimum education required for an applicant for licensure is: (a) a high school diploma;(c) equivalent education as approved by the commission.Utah Admin. Code R162-2f-201
Amended by Utah State Bulletin Number 2020-21, effective 10/21/2020Amended by Utah State Bulletin Number 2021-12, effective 6/8/2021Amended by Utah State Bulletin Number 2022-11, effective 5/25/2022