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.