1. (1) Inactivation.

   1. (a) To voluntarily inactivate the license of a sales agent or an associate broker, the holder of the license shall complete and submit a change form through RELMS pursuant to Section R162-2f-207.

   2. (b) To voluntarily inactivate a principal broker license, the principal broker shall:

      1. (i) before inactivating the license:

         1. (A) give written notice to each licensee affiliated with the principal broker of the date on which the principal broker proposes to inactivate the license; and
         2. (B) provide to the division evidence that the licensee has complied with Subsection (1)(b)(i)(A); and
      2. (ii) complete and submit a change form through RELMS pursuant to Section R162-2f-207.

   3. (c) The license of a sales agent or associate broker is involuntarily inactivated upon:

      1. (i) termination of the licensee's affiliation with a principal broker;
      2. (ii) expiration, suspension, revocation, inactivation, or termination of the license of the principal broker with whom the sales agent or associate broker is affiliated; or
      3. (iii) inactivation or termination of the registration of the entity with which the licensee's principal broker is affiliated.

   4. (d) The registration of an entity is involuntarily inactivated upon:

      1. (i) termination of the entity's affiliation with a principal broker; or
      2. (ii) expiration, suspension, revocation, inactivation, or termination of the license of the principal broker with whom the entity is affiliated.
   5. (e) The license of a principal broker is involuntarily inactivated upon termination of the licensee's affiliation with a registered entity.

   6. (f) If the division or commission orders that a principal broker's license is to be suspended or revoked:

      1. (i) the order shall state the effective date of the suspension or revocation; and

      2. (ii) before the effective date, the entity shall:

         1. (A)(I) affiliate with a new principal broker; and
         2. (II) submit change forms through RELMS to affiliate each licensee with the new principal broker; or
         3. (B)(I) provide written notice to each licensee affiliated with the principal broker of the pending suspension or revocation; and
         4. (II) comply with Subsection R162-2f-207(3)(c)(ii)(B).

2. (2) Activation.

   1. (a) To activate a license, the holder of the inactive license shall:

      1. (i) complete and submit a change card through RELMS pursuant to Section R162-2f-207;

      2. (ii) submit proof of:

         1. (A) having been issued an active license at the time of last renewal;
         2. (B) having completed, within the two-year period preceding the date on which the licensee requests activation, 18 hours of continuing education, including nine hours of core topics of which three hours shall include the Mandatory 3-Hour CE course; or
         3. (C) having passed the licensing examination within the six-month period before the date on which the licensee requests activation;

      3. (iii)(A) if applying to activate a sales agent or associate broker license, evidence affiliation with a principal broker; or

         1. (B) if applying to activate a principal broker license, evidence affiliation with a registered entity; and
      4. (iv) pay a nonrefundable activation fee.
   2. (b) A licensee who submits continuing education to activate a license may not use the same continuing education to renew the license at the time of the licensee's next renewal.

KEY: real estate business, operational requirements, trust account records, notification requirements

Date of Last Change: August 16, 2023

Notice of Continuation: February 5, 2025

Authorizing, and Implemented or Interpreted Law: 61-2f-103(1); 61-2f-105; 61-2f-203(1)(e); 61-2f-206(3); 61-2f-206(4)(a); 61-2f-306; 61-2f-307