Utah Admin. Code 162-57a-15

Current through Bulletin 2024-20, October 15, 2024

Section R162-57a-15 - Application for Registration of Project Sales Persons

(1) An individual applying for registration as a project salesperson shall provide the following information to the division:

(a) identifying information, including:

(i) full legal name;

(ii) date of birth; and

(iii) social security number;

(b) contact information, including:

(i) home address;

(ii) home telephone and cell telephone numbers;

(iii) mailing address;

(iv) e-mail address;

(v) sales office location and e-mail address;

(vi) sales office telephone number; and

(vii) name of developer or an individual designated by the developer who will supervise the applicant pursuant to Subsection R162-57a-13(1)(a).

(c)

(i) disclosure as to whether the individual has ever been licensed or registered in a real estate- related profession; and

(ii) documentation of any adverse regulatory action on such license or registration, including:

(A) denial;

(B) restriction, including probation;

(C) suspension;

(D) revocation; or

(E) fine;

(d) disclosure as to whether the individual has ever resigned or surrendered a real estate-related license or registration, or allowed such a license or registration to expire, while under investigation or while action was pending against the individual by a government agency;

(e) information as to any disciplinary action pending against the individual at the time of application by any real estate, professional, or occupational licensing agency;

(f) documentation of any criminal investigation proceeding against the individual at the time of application;

(g) complete documentation of any past criminal offense, including:

(i) charge(s) filed;

(ii) plea(s) entered;

(iii) case disposition; and

(iv) terms of sentencing;

(h) complete documentation of any past civil judgment entered against the person in a case brought on allegations involving fraud, misrepresentation, or deceit;

(i) completed five-year employment history form as provided by the division;

(j) affidavit stating whether the individual has ever been terminated from employment on an allegation of theft, fraud, or dishonesty; and

(k) a nonrefundable application fee.

(2) An application for registration as a project salesperson shall be signed by:

(a) the applicant; and

(b)

(i) the developer with which the salesperson is affiliated; or

(ii) the developer's authorized representative pursuant to Subsection R162-57a-13(1)(a).

(3) Standards for approval. The director may not issue a salesperson registration to any individual who:

(a) submits an incomplete application;

(b) has been prosecuted for a felony that resulted in a:

(i) conviction within the five-year period preceding the date of application;

(ii) plea agreement within the five-year period preceding the date of application; or

(iii) jail or prison release date falling within the five-year period preceding the date of application; or

(c) has been prosecuted for a misdemeanor involving fraud, misrepresentation, theft, or dishonesty that resulted in a:

(i) conviction within the three-year period preceding the date of application; or

(ii) jail or prison release date falling within the three-year period preceding the date of application.

(4) Notification of changes.

(a) A registered salesperson shall inform the division within ten days of:

(i) any change in the individual's legal name;

(ii) any change in the individual's contact information pursuant to Subsection (1)(b);

(iii) as to a criminal offense, whether prosecuted in Utah or in another jurisdiction:

(A) a conviction;

(B) the entry of a plea in abeyance;

(C) a diversion agreement; or

(D) any other agreement under which a criminal charge is held in suspense for a period of time.

(b) To notify the division of a name change, an individual shall:

(i) complete and submit a paper change form; and

(ii) attach to the form official documentation such as a:

(A) marriage license;

(B) divorce decree;

(C) driver license; or

(D) court order.

(c) To notify the division of a change in contact information, an individual shall submit a change form:

(i) by mail or fax, until such time as RELMS is configured to accommodate timeshare salespersons; and

(ii) through RELMS, once the system is configured to accommodate timeshare salespersons.

(d) To notify the division of proceedings in a criminal case, an individual shall:

(i) send to the division a cover letter explaining the circumstances under which charges were brought; and

(ii) attach all available documentation, including:

(A) charging documents;

(B) police reports; and

(C) court dockets.

(5) Renewal and reinstatement.

(a) A salesperson registration expires two years following the date the registration is approved by the division.

(b) To renew a salesperson registration, an individual shall submit to the division, no later than the date on which the individual's registration expires:

(i) a completed renewal application as required by the division; and

(ii) a nonrefundable fee.

(c) To reinstate an expired salesperson registration, and individual shall submit to the division, no later than 30 days following the date on which the individual's registration expires:

(i) all materials required for a timely renewal; and

(ii) a nonrefundable late fee.

(d) An application that is expired more than 30 days may not be renewed. To obtain a registration, an individual shall apply as a new applicant.

Utah Admin. Code R162-57a-15