61-2f-103 - Real Estate Commission.
61-2f-103. Real Estate Commission.
(1) There is created within the division a Real Estate Commission. The commissionshall:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, makerules for the administration of this chapter that are not inconsistent with this chapter, including:
(i) licensing of:
(A) a principal broker;
(B) an associate broker; and
(C) a sales agent;
(ii) registration of:
(A) an entity; and
(B) a branch office;
(iii) prelicensing and postlicensing education curricula;
(iv) examination procedures;
(v) the certification and conduct of:
(A) a real estate school;
(B) a course provider; or
(C) an instructor;
(vi) proper handling of money received by a licensee under this chapter;
(vii) brokerage office procedures and recordkeeping requirements;
(viii) property management;
(ix) standards of conduct for a licensee under this chapter;
(x) a rule made under Section 61-2f-307 regarding an undivided fractionalized long-termestate; and
(xi) if the commission determines necessary, a rule as provided in Subsection61-2f-306(3) regarding a legal form;
(b) establish, with the concurrence of the division, a fee provided for in this chapter,except a fee imposed under Part 5, Real Estate Education, Research, and Recovery Fund Act;
(c) conduct an administrative hearing not delegated by the commission to anadministrative law judge or the division relating to the:
(i) licensing of an applicant;
(ii) conduct of a licensee;
(iii) the certification or conduct of a real estate school, course provider, or instructorregulated under this chapter; or
(iv) violation of this chapter by any person;
(d) with the concurrence of the director, impose a sanction as provided in Section61-2f-404;
(e) advise the director on the administration and enforcement of a matter affecting thedivision and the real estate sales and property management industries;
(f) advise the director on matters affecting the division budget;
(g) advise and assist the director in conducting real estate seminars; and
(h) perform other duties as provided by this chapter.
(2) (a) The commission shall be comprised of five members appointed by the governorand approved by the Senate.
(b) Four of the commission members shall:
(i) have at least five years' experience in the real estate business; and
(ii) hold an active principal broker, associate broker, or sales agent license.
(c) One commission member shall be a member of the general public.
(d) The governor may not appoint a commission member described in Subsection (2)(b)who, at the time of appointment, resides in the same county in the state as another commissionmember.
(e) At least one commission member described in Subsection (2)(b) shall at the time ofan appointment reside in a county that is not a county of the first or second class.
(3) (a) Except as required by Subsection (3)(b), as terms of current commission membersexpire, the governor shall appoint each new member or reappointed member to a four-year termending June 30.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the timeof appointment or reappointment, adjust the length of terms to ensure that the terms ofcommission members are staggered so that approximately half of the commission is appointedevery two years.
(c) Upon the expiration of the term of a member of the commission, the member of thecommission shall continue to hold office until a successor is appointed and qualified.
(d) A commission member may not serve more than two consecutive terms.
(e) Members of the commission shall annually select one member to serve as chair.
(4) When a vacancy occurs in the membership for any reason, the governor, with theconsent of the Senate, shall appoint a replacement for the unexpired term.
(5) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
(6) (a) The commission shall meet at least monthly.
(b) The director may call additional meetings:
(i) at the director's discretion;
(ii) upon the request of the chair; or
(iii) upon the written request of three or more commission members.
(7) Three members of the commission constitute a quorum for the transaction ofbusiness.
Amended by Chapter 286, 2010 General Session
Renumbered and Amended by Chapter 379, 2010 General Session