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

   1. (a) identifying information, including:

      1. (i) full legal name;
      2. (ii) date of birth; and
      3. (iii) social security number;

   2. (b) contact information, including:

      1. (i) home address;
      2. (ii) home telephone and cell telephone numbers;
      3. (iii) mailing address;
      4. (iv) e-mail address;
      5. (v) sales office location and e-mail address;
      6. (vi) sales office telephone number; and
      7. (vii) name of developer or an individual designated by the developer who will supervise the applicant pursuant to Subsection R162-57a-13(1)(a).

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

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

         1. (A) denial;
         2. (B) restriction, including probation;
         3. (C) suspension;
         4. (D) revocation; or
         5. (E) fine;
   4. (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;
   5. (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;
   6. (f) documentation of any criminal investigation proceeding against the individual at the time of application;

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

      1. (i) charge(s) filed;
      2. (ii) plea(s) entered;
      3. (iii) case disposition; and
      4. (iv) terms of sentencing;

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

      1. (i) completed five-year employment history form as provided by the division;
   9. (j) affidavit stating whether the individual has ever been terminated from employment on an allegation of theft, fraud, or dishonesty; and
   10. (k) a nonrefundable application fee.

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

   1. (a) the applicant; and

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

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

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

   1. (a) submits an incomplete application;

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

      1. (i) conviction within the five-year period preceding the date of application;
      2. (ii) plea agreement within the five-year period preceding the date of application; or
      3. (iii) jail or prison release date falling within the five-year period preceding the date of application; or

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

      1. (i) conviction within the three-year period preceding the date of application; or
      2. (ii) jail or prison release date falling within the three-year period preceding the date of application.

4. (4) Notification of changes.

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

      1. (i) any change in the individual's legal name;
      2. (ii) any change in the individual's contact information pursuant to Subsection (1)(b);

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

         1. (A) a conviction;
         2. (B) the entry of a plea in abeyance;
         3. (C) a diversion agreement; or
         4. (D) any other agreement under which a criminal charge is held in suspense for a period of time.

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

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

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

         1. (A) marriage license;
         2. (B) divorce decree;
         3. (C) driver license; or
         4. (D) court order.

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

      1. (i) by mail or fax, until such time as RELMS is configured to accommodate timeshare salespersons; and
      2. (ii) through RELMS, once the system is configured to accommodate timeshare salespersons.

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

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

      2. (ii) attach all available documentation, including:

         1. (A) charging documents;
         2. (B) police reports; and
         3. (C) court dockets.

5. (5) Renewal and reinstatement.

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

   2. (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:

      1. (i) a completed renewal application as required by the division; and
      2. (ii) a nonrefundable fee.

   3. (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:

      1. (i) all materials required for a timely renewal; and
      2. (ii) a nonrefundable late fee.
   4. (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.

KEY: timeshare, camp resort, registration, professional conduct

Date of Last Change: November 5, 2019

Notice of Continuation: December 19, 2024

Authorizing, and Implemented or Interpreted Law: 57-19-3; 57-19-5 through 57-19-26