32-2130. Renewal of licenses; education
requirements
(L10, Ch. 156, sec. 1 & Ch. 166, sec. 6. Eff. 1/1/11)
A. A license may be renewed in a timely manner by filing an application for renewal
in the manner prescribed by the commissioner, by paying the renewal fee specified in this
chapter and by presenting evidence of attendance at a school certified by the
commissioner during the preceding license period of twenty-four credit hours, or a lesser
number of credit hours prescribed by the commissioner, of real estate oriented continuing
education courses prescribed and approved by the commissioner. The total number of
credit hours shall be accrued at a rate of twenty-four credit hours during each
twenty-four month period of licensure. The department shall maintain a current list of
approved courses. The commissioner may waive all or a portion of the continuing
education requirement for good cause shown. The commissioner shall determine by rule the
content of the twenty-four renewal credit hours. The twenty-four renewal credit hours may
include the commissioner's current topics, including short sales. For the purposes of
this subsection, "short sales" means real estate transactions in which the sales price is
insufficient to pay the loan encumbering the property in addition to the costs of sale
and the seller is unable to pay the difference.
B. If an applicant is renewing a license within one year after it expired, the
applicant may apply continuing education hours completed after the expiration toward the
continuing education required for renewal.
C. Each renewal application shall contain, as applicable, the same information
required in an original application pursuant to section 32-2123.
D. Cemetery brokers and salespersons and membership camping brokers and
salespersons are exempt from the educational requirements of this section.
E. Nothing in this section requires a licensee to attend department produced or
sponsored courses if approved courses are otherwise available.
F. Between the expiration date of the license and the date of renewal of the
license, the rights of the licensee under the license expire. While the license is
expired it is unlawful for a person to act or attempt or offer to act in a manner
included in the definition of a real estate, cemetery or membership camping broker or
salesperson. If the license of an employing broker expires under this subsection, the
licenses of persons who are employed by the employing broker shall be severed from the
employing broker on the license expiration date of the employing broker. These persons
may be rehired on renewal of the employing broker's license. The department shall
terminate a license that has been expired for more than one year.
G. Except as provided in section 32-4301, no more than one year after the license
expiration date, the department shall renew a license without requiring the applicant to
submit to an examination if the applicant held a license that was not canceled or
suspended at the time of expiration. Except as provided in section 32-4301, the license
period for a license renewed pursuant to this subsection commences the day after the
expiration date of the expired license. Except as provided in section 32-2131,
subsection A, paragraph 4 or 6, an applicant whose license has been terminated or revoked
does not qualify for license renewal.
H. Any employee or immediate family member of any employee of this state who,
pursuant to section 32-2110 or any other law, rule or requirement, is prohibited from
using a license issued under this chapter shall have, on the request of the employee or
family member, the license placed on inactive status, shall have the right to renew the
license and shall not be required to pay further fees until the employee or family member
is again eligible to use the license. Renewal fees for the license shall not be required
for only as long as the employee or family member is prohibited from using the license.
I. The department shall not renew the license of a person who has been convicted of
a felony offense and who is currently incarcerated for the conviction, paroled or under
community supervision and under the supervision of a parole or community supervision
officer or who is on probation as a result of the conviction. This subsection does not
limit the commissioner's authority and discretion to deny the renewal for any other
reason pursuant to this chapter.
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