58-3039.Licensure; application; criminal historyrecord check; qualifications;examination; temporarysalesperson's license, issuance, cancellation, late fee.(a) Any person desiring to act as a broker or salesperson mustfile a written application for a license with the commission or, ifrequired by the commission, with the testing service designated by thecommission. The applicationshall be in such form and detail as the commission shall prescribe.
(1) Any applicant who qualifies for licensure as a salespersonshall submit the application accompanied by evidence ofcompliance with subsection (a) of K.S.A. 58-3046a, and amendments thereto.
(2) Any applicant who qualifies for licensure as a brokershall submit the application accompanied by evidence of compliance withsubsection (b) of K.S.A. 58-3046a, and amendments thereto.
(3) Any applicant who qualifies for licensure as a salesperson on or afterJuly 1, 2007, shall submit the application accompanied by evidence ofcompliance with subsection (c) of K.S.A. 58-3046a, and amendments thereto.
(4) Any applicant who qualifies for licensure as a broker on or after July 1,2007, shall submit the application accompanied by evidence of compliance withsubsection (d) of K.S.A. 58-3046a, and amendments thereto.
(5) All applicants shall submit the application and license fees asprescribed by K.S.A. 58-3063, and amendments thereto.
(b) (1) As part of an application for an original license or inconnectionwith anyinvestigation of any holder of a license, the commission shall require a personto be fingerprintedand submit to a state and national criminal history record check. Thefingerprints shall be used toidentify the person and to determine whether the person has a record ofcriminal history in thisstate or other jurisdiction. The commission shall require the applicant tosubmit the fingerprintsto the Kansas bureau of investigation and the federal bureau of investigationfor a state andnational criminal history record check. The commission shall use theinformation obtained fromfingerprinting and the criminal history for purposes of verifying theidentification of the personand in the official determination of the qualifications and fitness of theperson to be issued or tomaintain a license.
(2) Local and state law enforcement officers and agencies shall assist thecommission intaking and processing fingerprints of applicants for and holders of any licenseand shall releaseall records of adult convictions to the commission.
(3) The commission may fix and collect a fee in an amount necessary toreimburse theboard for the cost of fingerprinting and the criminal history record check.Such fee shall beestablished by rule and regulation in accordance with K.S.A. 58-3063 andamendmentsthereto. Anymoneys collected under this subsection shall be deposited in the state treasuryand credited to thereal estate fee fund.
(c) A license to engage in business as a broker orsalesperson shall begranted only to a person who is 18 or more years of age and whohas a high school diploma or its equivalent.
(d) In addition to the requirements of subsection(c), except as providedin subsection (e), each applicantfor an original license as a broker shall have been:
(1) Licensed as a salesperson in this state or as asalesperson or broker in another state, and shall have beenactively engaged in any of the activities described in subsection(f) ofK.S.A. 58-3035, and amendments thereto, for a periodof at least two years during the five years immediately precedingthe date of the application for a license; or
(2) if an applicant resides in a county that has a population of 20,000 orless, thecommissionmay, upon a finding that such county suffers from a shortage of brokers andupon compelling evidence of need, waive or alter the requirements of thissubsection. The commissionshall adopt rules and regulations to establish alternative licensing criteriafor such applicants.
(e) The commissionmay accept proof of experience inthe real estate or a related business or a combination of such experienceand education which the commission believes qualifies the applicant to act as abroker as being equivalent to all or part of the experience required bysubsection (d).
(f) Each applicant for an original license shall be required to pass anexamination covering the subject matter which brokers or salespersons generallyconfront while conducting activities that require a real estate license. Theexamination shall consist of a general portion that tests the applicant'sknowledge of real estate matters that have general application. The stateportion of the examination shall test the applicant's knowledge of real estatesubject matter applicable to a specific jurisdiction.
(1) Except as provided in K.S.A. 58-3040, and amendments thereto, eachapplicant for an original license shall be required to pass the general ornational portion of the examination.
(2) Each applicant for an original license shall be required to pass theKansas state portion of the examination.
(3) No license shall be issued on the basis of an examination if either orboth portions of the examination were administered more than six months priorto the date that the applicant's application is filed with the commission. Theexamination may be given by the commission or any person designated by thecommission. Each person taking the examination shall pay the examination feeprescribed pursuant to K.S.A. 58-3063, and amendments thereto, which fee thecommission may require to be paid to it or directly to the testing servicedesignated by the commission. The examination for a broker's license shall bedifferent from or in addition to that for a salesperson's license.
(g) The commission, prior to granting an original license, shallrequireproof that the applicant has a good reputation for honesty, trustworthiness,integrity and competence to transact the business of a broker or salespersonin such manner as to safeguard the public interest.
(h) An application for an original license as a salespersonor associate broker shall beaccompaniedby the recommendation of the supervising broker or branch broker with whom thesalesperson or associate broker is to beassociated,or by whom the salesperson or associate broker is to be employed, certifyingthat the applicantis honest, trustworthy and of good reputation.
(i) (1) Each applicant for anoriginal salesperson's license who meets the requirements of thisact prior to July 1, 2007, shall be issued a temporary salesperson'slicense which shallexpire six months after the last calendar day of the month inwhich the license was issued, on the last calendar day of thatmonth.
(2) No later than 10 days prior to the expiration date of atemporary salesperson's license, the salesperson shall file anapplication on a form provided by the commission. The applicationshall be accompanied by the license fee prescribed by K.S.A. 58-3063,andamendments thereto, and evidence of compliance with the requirements ofsubsection (f)(1) of K.S.A. 58-3046a, andamendments thereto. The commission shall issue a salesperson'slicense to a person who complies with the provisions of thisparagraph. The issuance date of the salesperson's license shallbe the day following the expiration date of the temporarylicense. The expiration date of the license shall be determinedin accordance with a schedule established by rules andregulations of the commission.
(3) Failure to comply with the provisions of paragraph(2) shall automatically cancel the temporary license on itsexpiration date.
(4) A person whose temporary salesperson's license wascanceled pursuant to paragraph (3) may apply for asalesperson's license if such application, the licensefeeprescribed by K.S.A. 58-3063, and amendments thereto, plus a late fee of$50 and evidenceof attendance of 30 hours of instruction received after issuanceof the temporary license pursuant to subsection (f)(1) of K.S.A.58-3046a, and amendments thereto, are received by the commissionwithin three months after the expiration date of the temporarylicense. The commission shall issue a salesperson's license to aperson who complies with the provisions of this paragraph. Theexpiration date of the license shall be determined in accordancewith a schedule established by rules and regulations of thecommission.
(j) Each applicant for an original salesperson's license who meets therequirements of this act on and after July 1, 2007, shall be issued asalesperson's license. The expiration date of the license shall be determinedin accordance with a schedule established by rules and regulations of thecommission.
58-3039.Licensure; application; criminal historyrecord check; qualifications;examination; temporarysalesperson's license, issuance, cancellation, late fee.(a) Any person desiring to act as a broker or salesperson mustfile a written application for a license with the commission or, ifrequired by the commission, with the testing service designated by thecommission. The applicationshall be in such form and detail as the commission shall prescribe.
(1) Any applicant who qualifies for licensure as a salespersonshall submit the application accompanied by evidence ofcompliance with subsection (a) of K.S.A. 58-3046a, and amendments thereto.
(2) Any applicant who qualifies for licensure as a brokershall submit the application accompanied by evidence of compliance withsubsection (b) of K.S.A. 58-3046a, and amendments thereto.
(3) Any applicant who qualifies for licensure as a salesperson on or afterJuly 1, 2007, shall submit the application accompanied by evidence ofcompliance with subsection (c) of K.S.A. 58-3046a, and amendments thereto.
(4) Any applicant who qualifies for licensure as a broker on or after July 1,2007, shall submit the application accompanied by evidence of compliance withsubsection (d) of K.S.A. 58-3046a, and amendments thereto.
(5) All applicants shall submit the application and license fees asprescribed by K.S.A. 58-3063, and amendments thereto.
(b) (1) As part of an application for an original license or inconnectionwith anyinvestigation of any holder of a license, the commission shall require a personto be fingerprintedand submit to a state and national criminal history record check. Thefingerprints shall be used toidentify the person and to determine whether the person has a record ofcriminal history in thisstate or other jurisdiction. The commission shall require the applicant tosubmit the fingerprintsto the Kansas bureau of investigation and the federal bureau of investigationfor a state andnational criminal history record check. The commission shall use theinformation obtained fromfingerprinting and the criminal history for purposes of verifying theidentification of the personand in the official determination of the qualifications and fitness of theperson to be issued or tomaintain a license.
(2) Local and state law enforcement officers and agencies shall assist thecommission intaking and processing fingerprints of applicants for and holders of any licenseand shall releaseall records of adult convictions to the commission.
(3) The commission may fix and collect a fee in an amount necessary toreimburse theboard for the cost of fingerprinting and the criminal history record check.Such fee shall beestablished by rule and regulation in accordance with K.S.A. 58-3063 andamendmentsthereto. Anymoneys collected under this subsection shall be deposited in the state treasuryand credited to thereal estate fee fund.
(c) A license to engage in business as a broker orsalesperson shall begranted only to a person who is 18 or more years of age and whohas a high school diploma or its equivalent.
(d) In addition to the requirements of subsection(c), except as providedin subsection (e), each applicantfor an original license as a broker shall have been:
(1) Licensed as a salesperson in this state or as asalesperson or broker in another state, and shall have beenactively engaged in any of the activities described in subsection(f) ofK.S.A. 58-3035, and amendments thereto, for a periodof at least two years during the five years immediately precedingthe date of the application for a license; or
(2) if an applicant resides in a county that has a population of 20,000 orless, thecommissionmay, upon a finding that such county suffers from a shortage of brokers andupon compelling evidence of need, waive or alter the requirements of thissubsection. The commissionshall adopt rules and regulations to establish alternative licensing criteriafor such applicants.
(e) The commissionmay accept proof of experience inthe real estate or a related business or a combination of such experienceand education which the commission believes qualifies the applicant to act as abroker as being equivalent to all or part of the experience required bysubsection (d).
(f) Each applicant for an original license shall be required to pass anexamination covering the subject matter which brokers or salespersons generallyconfront while conducting activities that require a real estate license. Theexamination shall consist of a general portion that tests the applicant'sknowledge of real estate matters that have general application. The stateportion of the examination shall test the applicant's knowledge of real estatesubject matter applicable to a specific jurisdiction.
(1) Except as provided in K.S.A. 58-3040, and amendments thereto, eachapplicant for an original license shall be required to pass the general ornational portion of the examination.
(2) Each applicant for an original license shall be required to pass theKansas state portion of the examination.
(3) No license shall be issued on the basis of an examination if either orboth portions of the examination were administered more than six months priorto the date that the applicant's application is filed with the commission. Theexamination may be given by the commission or any person designated by thecommission. Each person taking the examination shall pay the examination feeprescribed pursuant to K.S.A. 58-3063, and amendments thereto, which fee thecommission may require to be paid to it or directly to the testing servicedesignated by the commission. The examination for a broker's license shall bedifferent from or in addition to that for a salesperson's license.
(g) The commission, prior to granting an original license, shallrequireproof that the applicant has a good reputation for honesty, trustworthiness,integrity and competence to transact the business of a broker or salespersonin such manner as to safeguard the public interest.
(h) An application for an original license as a salespersonor associate broker shall beaccompaniedby the recommendation of the supervising broker or branch broker with whom thesalesperson or associate broker is to beassociated,or by whom the salesperson or associate broker is to be employed, certifyingthat the applicantis honest, trustworthy and of good reputation.
(i) (1) Each applicant for anoriginal salesperson's license who meets the requirements of thisact prior to July 1, 2007, shall be issued a temporary salesperson'slicense which shallexpire six months after the last calendar day of the month inwhich the license was issued, on the last calendar day of thatmonth.
(2) No later than 10 days prior to the expiration date of atemporary salesperson's license, the salesperson shall file anapplication on a form provided by the commission. The applicationshall be accompanied by the license fee prescribed by K.S.A. 58-3063,andamendments thereto, and evidence of compliance with the requirements ofsubsection (f)(1) of K.S.A. 58-3046a, andamendments thereto. The commission shall issue a salesperson'slicense to a person who complies with the provisions of thisparagraph. The issuance date of the salesperson's license shallbe the day following the expiration date of the temporarylicense. The expiration date of the license shall be determinedin accordance with a schedule established by rules andregulations of the commission.
(3) Failure to comply with the provisions of paragraph(2) shall automatically cancel the temporary license on itsexpiration date.
(4) A person whose temporary salesperson's license wascanceled pursuant to paragraph (3) may apply for asalesperson's license if such application, the licensefeeprescribed by K.S.A. 58-3063, and amendments thereto, plus a late fee of$50 and evidenceof attendance of 30 hours of instruction received after issuanceof the temporary license pursuant to subsection (f)(1) of K.S.A.58-3046a, and amendments thereto, are received by the commissionwithin three months after the expiration date of the temporarylicense. The commission shall issue a salesperson's license to aperson who complies with the provisions of this paragraph. Theexpiration date of the license shall be determined in accordancewith a schedule established by rules and regulations of thecommission.
(j) Each applicant for an original salesperson's license who meets therequirements of this act on and after July 1, 2007, shall be issued asalesperson's license. The expiration date of the license shall be determinedin accordance with a schedule established by rules and regulations of thecommission.
58-3039.Licensure; application; criminal historyrecord check; qualifications;examination; temporarysalesperson's license, issuance, cancellation, late fee.(a) Any person desiring to act as a broker or salesperson mustfile a written application for a license with the commission or, ifrequired by the commission, with the testing service designated by thecommission. The applicationshall be in such form and detail as the commission shall prescribe.
(1) Any applicant who qualifies for licensure as a salespersonshall submit the application accompanied by evidence ofcompliance with subsection (a) of K.S.A. 58-3046a, and amendments thereto.
(2) Any applicant who qualifies for licensure as a brokershall submit the application accompanied by evidence of compliance withsubsection (b) of K.S.A. 58-3046a, and amendments thereto.
(3) Any applicant who qualifies for licensure as a salesperson on or afterJuly 1, 2007, shall submit the application accompanied by evidence ofcompliance with subsection (c) of K.S.A. 58-3046a, and amendments thereto.
(4) Any applicant who qualifies for licensure as a broker on or after July 1,2007, shall submit the application accompanied by evidence of compliance withsubsection (d) of K.S.A. 58-3046a, and amendments thereto.
(5) All applicants shall submit the application and license fees asprescribed by K.S.A. 58-3063, and amendments thereto.
(b) (1) As part of an application for an original license or inconnectionwith anyinvestigation of any holder of a license, the commission shall require a personto be fingerprintedand submit to a state and national criminal history record check. Thefingerprints shall be used toidentify the person and to determine whether the person has a record ofcriminal history in thisstate or other jurisdiction. The commission shall require the applicant tosubmit the fingerprintsto the Kansas bureau of investigation and the federal bureau of investigationfor a state andnational criminal history record check. The commission shall use theinformation obtained fromfingerprinting and the criminal history for purposes of verifying theidentification of the personand in the official determination of the qualifications and fitness of theperson to be issued or tomaintain a license.
(2) Local and state law enforcement officers and agencies shall assist thecommission intaking and processing fingerprints of applicants for and holders of any licenseand shall releaseall records of adult convictions to the commission.
(3) The commission may fix and collect a fee in an amount necessary toreimburse theboard for the cost of fingerprinting and the criminal history record check.Such fee shall beestablished by rule and regulation in accordance with K.S.A. 58-3063 andamendmentsthereto. Anymoneys collected under this subsection shall be deposited in the state treasuryand credited to thereal estate fee fund.
(c) A license to engage in business as a broker orsalesperson shall begranted only to a person who is 18 or more years of age and whohas a high school diploma or its equivalent.
(d) In addition to the requirements of subsection(c), except as providedin subsection (e), each applicantfor an original license as a broker shall have been:
(1) Licensed as a salesperson in this state or as asalesperson or broker in another state, and shall have beenactively engaged in any of the activities described in subsection(f) ofK.S.A. 58-3035, and amendments thereto, for a periodof at least two years during the five years immediately precedingthe date of the application for a license; or
(2) if an applicant resides in a county that has a population of 20,000 orless, thecommissionmay, upon a finding that such county suffers from a shortage of brokers andupon compelling evidence of need, waive or alter the requirements of thissubsection. The commissionshall adopt rules and regulations to establish alternative licensing criteriafor such applicants.
(e) The commissionmay accept proof of experience inthe real estate or a related business or a combination of such experienceand education which the commission believes qualifies the applicant to act as abroker as being equivalent to all or part of the experience required bysubsection (d).
(f) Each applicant for an original license shall be required to pass anexamination covering the subject matter which brokers or salespersons generallyconfront while conducting activities that require a real estate license. Theexamination shall consist of a general portion that tests the applicant'sknowledge of real estate matters that have general application. The stateportion of the examination shall test the applicant's knowledge of real estatesubject matter applicable to a specific jurisdiction.
(1) Except as provided in K.S.A. 58-3040, and amendments thereto, eachapplicant for an original license shall be required to pass the general ornational portion of the examination.
(2) Each applicant for an original license shall be required to pass theKansas state portion of the examination.
(3) No license shall be issued on the basis of an examination if either orboth portions of the examination were administered more than six months priorto the date that the applicant's application is filed with the commission. Theexamination may be given by the commission or any person designated by thecommission. Each person taking the examination shall pay the examination feeprescribed pursuant to K.S.A. 58-3063, and amendments thereto, which fee thecommission may require to be paid to it or directly to the testing servicedesignated by the commission. The examination for a broker's license shall bedifferent from or in addition to that for a salesperson's license.
(g) The commission, prior to granting an original license, shallrequireproof that the applicant has a good reputation for honesty, trustworthiness,integrity and competence to transact the business of a broker or salespersonin such manner as to safeguard the public interest.
(h) An application for an original license as a salespersonor associate broker shall beaccompaniedby the recommendation of the supervising broker or branch broker with whom thesalesperson or associate broker is to beassociated,or by whom the salesperson or associate broker is to be employed, certifyingthat the applicantis honest, trustworthy and of good reputation.
(i) (1) Each applicant for anoriginal salesperson's license who meets the requirements of thisact prior to July 1, 2007, shall be issued a temporary salesperson'slicense which shallexpire six months after the last calendar day of the month inwhich the license was issued, on the last calendar day of thatmonth.
(2) No later than 10 days prior to the expiration date of atemporary salesperson's license, the salesperson shall file anapplication on a form provided by the commission. The applicationshall be accompanied by the license fee prescribed by K.S.A. 58-3063,andamendments thereto, and evidence of compliance with the requirements ofsubsection (f)(1) of K.S.A. 58-3046a, andamendments thereto. The commission shall issue a salesperson'slicense to a person who complies with the provisions of thisparagraph. The issuance date of the salesperson's license shallbe the day following the expiration date of the temporarylicense. The expiration date of the license shall be determinedin accordance with a schedule established by rules andregulations of the commission.
(3) Failure to comply with the provisions of paragraph(2) shall automatically cancel the temporary license on itsexpiration date.
(4) A person whose temporary salesperson's license wascanceled pursuant to paragraph (3) may apply for asalesperson's license if such application, the licensefeeprescribed by K.S.A. 58-3063, and amendments thereto, plus a late fee of$50 and evidenceof attendance of 30 hours of instruction received after issuanceof the temporary license pursuant to subsection (f)(1) of K.S.A.58-3046a, and amendments thereto, are received by the commissionwithin three months after the expiration date of the temporarylicense. The commission shall issue a salesperson's license to aperson who complies with the provisions of this paragraph. Theexpiration date of the license shall be determined in accordancewith a schedule established by rules and regulations of thecommission.
(j) Each applicant for an original salesperson's license who meets therequirements of this act on and after July 1, 2007, shall be issued asalesperson's license. The expiration date of the license shall be determinedin accordance with a schedule established by rules and regulations of thecommission.
