Current through Rules and Regulations filed through March 20, 2024
(1)
Fees. Whenever an individual
applicant activates an original license, that applicant shall pay an activation
fee and a renewal fee which shall cover all fees due the Commission until the
applicant's month of birth in the fourth calendar year following the calendar
year in which the license was activated. Whenever a firm applicant activates an
original license, that firm shall pay an activation fee and a renewal fee which
shall cover all fees due the Commission until the month of the fourth
anniversary of the activation of a license by the firm.
(a) Fees for all licenses and services
performed by the Georgia Real Estate Commission shall be as follows:
1. The activation fee for original licensure
as an individual broker, associate broker, salesperson, community association
manager shall be $45.00 which includes $20.00 for the Real Estate Education,
Research, and Recovery Fund; and the activation fee for original licensure as a
firm or an approved school or instructor shall be $75.00 which includes $20.00
for the Real Estate Education, Research, and Recovery Fund;
2. Renewal fees for the four year renewal
period shall be $125.00 for each firm licensed as a broker and each approved
school and $125.00 for each individual licensee and each approved instructor if
submitted and paid in any manner other than through the Commission's Internet
on-line renewal system and $100.00 for each firm licensed as a broker and
$100.00 for each individual licensee and each approved instructor if submitted
and paid through the Commission's Internet on-line system.
3. In addition to the renewal fee due, the
fee for reinstatement of any license or approval which lapsed for nonpayment of
fees or for failure to meet education requirements shall be as follows:
i. if the license or approval is reinstated
within four months of the date of lapsing, $100.00;
ii. if the license or approval is reinstated
more than four months after the date of lapsing, $100.00 plus an additional fee
of $25.00 for an individual or instructor or $50.00 for a firm or school for
each month or portion of a month beyond six months from the date of lapsing;
and
4. $25.00 (1) for
failure to notify the Commission in writing within 30 days of a change of
address, of the opening or closing of a designated trust account, of
transferring to a new company, or of leaving a firm to go on inactive status;
(2) for failure to affiliate with a new company or to apply to go on inactive
status within 30 days of the Commission's receipt of notice that the broker
holding the licensee's license no longer wishes to do so and has mailed a
letter to the licensee's last known address indicating that the broker is
returning the license to the Commission; and (3) whenever it is necessary for
the Commission to return an application because of the application is
incomplete;
5. $100.00 for
submitting to the Commission a check that is returned unpaid or for disputing a
charge to a credit card for a fee owed to the Commission when the dispute
results in a chargeback to the Commission's account; and
6. Whenever an instructor or school applicant
applies for an original approval, that applicant shall pay an activation fee
and a renewal fee which shall cover all fees due the Commission until December
31st in the fourth calendar year following the calendar year in which the
applicant's approval is granted.
(2)
Required Experience for Brokers
License.
(a) When a candidate for
licensure seeks to meet the experience requirement for a broker's or an
associate broker's license based on experience in another licensing
jurisdiction and that jurisdiction's licensing agency is unable to certify that
the applicant maintained a license in active status for at least three of the
five years immediately preceding the filing of an application with the
Commission because complete records are not available, the candidate for
licensure must meet the following two conditions in order for the Commission to
consider the application:
1. the candidate
for licensure obtained the experience within five years prior to date of making
application in Georgia; and
2. the
candidate for licensure's former licensing jurisdiction is able to certify that
the applicant was licensed at some time during the prior five years;
(b) In addition, to the
requirements of paragraph (a) above, the Commission may consider other credible
evidence of the required experience such as:
1. transactions files reflecting real estate
brokerage activity within the last five years;
2. an affidavit from any licensed broker with
whom the applicant was affiliated and who remains currently licensed stating
that (1) the broker is licensed, (2) the dates that the applicant was
affiliated with the broker, and (3) the approximate number and type(s) of
transactions in which the applicant participated; or
3. if the candidate for licensure was a
broker in the other state, an affidavit from the candidate for licensure
stating that:
(1) he or she was licensed,
(2) the dates that the candidate
for licensure was licensed,
(3)
the approximate number and type(s) of transactions in which the candidate for
licensure participated, and
(4)
affidavits from three other brokers who can attest that the candidate for
licensure operated as a broker and for what period of time.
(3)Examinations.
(a) Candidates for licensure must take a
Commission approved examination and make a passing score as determined by
psychometrically sound criterion-related methods associated with assessment of
minimal competence. The methods used and the minimum passing score shall be
published prior to the administration of the examination.
(b) Any candidate for licensure who served on
active duty in the armed forces of the United States, or on active duty in a
reserve component of the armed forces of the United States including the
National Guard, for a period of one year or more, of which at least 90 days
were served during wartime or during any conflict when military personnel were
committed by the President of the United States, shall be entitled to a credit
of five points. If such candidate for licensure is taking the examination in
order to become licensed as a community association manager or a salesperson,
said points shall be added to the grade made by the candidate for licensure in
answering all questions in any such examination. If such candidate for
licensure is taking the examination to become licensed as a broker, said points
shall be added to the grade such candidate for licensure makes on the
Information Gathering section of the examination and to the grade such
candidate for licensure makes on the Decision Making section of the
examination.
(c) Any candidate for
licensure who is disabled who served on active duty in the armed forces of the
United States, or on active duty in a reserve component of the armed forces of
the United States including the National Guard, during wartime or during any
conflict when military personnel were committed by the President of the United
States shall be entitled to a credit of five points if the disability was for
an injury or illness incurred in line of duty and such disability is officially
rated at less than 10 percent at the time of taking said examination. If such
candidate for licensure is taking the examination in order to become licensed
as a community association manager or a salesperson, said points shall be added
to the grade made by the candidate for licensure in answering all questions in
any such examination. If such candidate for licensure is taking the examination
to become licensed as a broker, said points shall be added to the grade such
candidate for licensure makes on the Information Gathering section of the
examination and to the grade such candidate for licensure makes on the Decision
Making section of the examination.
(d) Any candidate for licensure who is a
disabled veteran and who served on active duty in the armed forces of the
United States, or on active duty in a reserve component of the armed forces of
the United States, including the National Guard, during wartime or during any
conflict when military personnel were committed by the President of the United
States shall be entitled to a credit of ten points if the disability was for an
injury or illness incurred in line of duty and such disability is rated at 10
percent or above at the time of taking said examination. If such candidate for
licensure is taking the examination in order to become licensed as a community
association manager or a salesperson, said points shall be added to the grade
made by the candidate for licensure in answering all questions in any such
examination. If such candidate for licensure is taking the examination to
become licensed as a broker, said points shall be added to the grade such
candidate for licensure makes on the Information Gathering section of the
examination and to the grade such candidate for licensure makes on the Decision
Making section of the examination.
(e) The provisions of paragraphs (b), (c),
and (d) above as to points to be allowed to veterans shall apply to any
candidate for licensure, male or female, who comes within the classes herein
specified; except that they shall not apply in any instance to a candidate for
licensure who has not been honorably discharged.
(f) Any candidate for licensure seeking to
qualify for veterans preference points under the provisions of paragraphs (b),
(c), (d), and (e) above must:
1. have served
in a branch of the armed forces which participated in the war or conflict
during which the candidate for licensure served at least ninety (90) days of
active duty;
2. have served at
least ninety (90) days during a period of time when the Congress of the United
States formally declared a state of war or when the Joint Chiefs of Staff
authorized issuance of a campaign badge for service in a campaign or expedition
in which the President committed military personnel; and
3. submit proof of the candidate's service on
official forms available through the Veterans Administration or the Department
of Defense which clearly identify active duty time and percentage of disability
for an injury or illness incurred in line of duty.
(g) A candidate for licensure for licensure
who has moved to Georgia from another state or a candidate for licensure for
non-resident licensure may be granted a license without further examination or
education if such candidate for licensure produces, from the licensing body of
each state which has licensed the candidate for licensure, an original
certification issued no more than twelve months prior to the candidate for
licensure making application for licensure which shows that the candidate for
licensure:
1. has passed an examination for
the type of license for which such candidate for licensure seeks licensure in
Georgia;
2. has met all prelicense
and continuing education requirements required by such other state(s) for that
license;
3. is licensed in good
standing at the time of the certification; and
4. has not had any disciplinary action
imposed by such state's licensing body. A candidate for licensure whose
certification from the other state(s) does not comply with all of the
conditions in the preceding sentence must take and pass the qualifying
examination for the Georgia license which such candidate for licensure seeks.
Rather than the written certification required of applicants by this paragraph,
the Commission, in its sole discretion, may choose to accept some electronic
form of the certified data from other states, which applicants must submit, or
by some other procedure that reduces paperwork.
(h) If the criminal history report from
another state of such a candidate for licensure a prior criminal conviction(s)
or if the candidate for licensure has a prior professional license disciplinary
action, the candidate for licensure shall comply with the provisions in
paragraphs (8) and (9) of this rule and said candidate for licensure shall be
subject to the provisions of 43-40-15 (a) et seq.
(i) Any examinee, applicant, candidate for
licensure, or licensee who without proper authorization supplies to others, or
attempts to supply to others, any information concerning the content of any
qualifying examination, administered by or approved by the Commission shall be
grounds for denial of license or the imposition of any sanction permitted by
O.C.G.A. Section
43-40-25.
(j) Approved instructors, approved schools,
or their staff members are prohibited from:
1. obtaining from examinees information
concerning the content of any qualifying examination administered by or
approved by the Commission;
2.
accepting such information except as provided or approved by the Commission;
and
3. using such information in
non-approved courses operated by or in association with any approved instructor
or approved school or their staff. Violation of this paragraph may be grounds
for denial of approved status, withdrawal of approved status, suspension of
approved status, or imposing any sanction permitted by O.C.G.A. Section
43-40-25upon both instructors and
school.
(k) Unless a
person first obtains written permission of the Commission, a person may not
take any qualifying examination offered by the Commission except:
1. to qualify for or to reinstate the license
for which the examination is designed;
2. when:
a.
such person holds a license issued by the Commission by reciprocity rather than
by examination,
b. such person is
applying to another state for licensure by reciprocity, and
c. the state to which such person is applying
requires that an applicant for reciprocity must have passed an examination in
Georgia as a condition of receiving a license by reciprocity in that state; or
3. when such person is
required to take a qualifying examination by an Order of the Commission in a
disciplinary matter.
(4)
Applications. Applications
for licensure, for renewal of license, for transfer of license, for any change
in status of a license, and for any change in the name of a firm required to be
filed with the Commission, must be on Commission approved forms. Each
Commission approved form may require the email address of an applicant and his
or her affiliated firm (s), if an email address is maintained by such applicant
or firm. Changes in other information required to be filed with the Commission
such as changes in trust accounts, address changes, email address changes and
individuals' name changes may be done by letter or email.
(a) Any such application, change of
information, or fee required to be filed with the Commission may be filed with
the Commission by:
1. personal delivery to
the Commission's offices during regular business hours;
2. mail in a letter postmarked by the United
States Postal Service;
3. private
courier or delivery service; or
4.
electronic facsimile (fax) transmission or email if the application does not
require the payment of a fee.
(b) The effective date of the filing of the
application or fee shall be the United States Postal Service postmarked date,
if mailed, or if otherwise filed, the date the Commission dates receipt of the
application or fee. In the event that receipt by the Commission of an
application or fee occurs later than the deadline for the filing of such
application or fee, the applicant or licensee shall bear the burden of proof
that the application or fee was timely filed.
(c) If an applicant or a candidate for
licensure submits an application on a form which is no longer in use by the
Commission and pays the correct fee in effect on the date of the application,
the Commission may require the applicant to submit a new application on its
latest form at no further cost to the applicant.
(d) A licensee, an applicant, or a candidate
for licensure must supply all information requested on any form the licensee
submits to the Commission. Failure to supply all information shall cause the
application to be incomplete. An application is incomplete if the applicant or
a candidate for licensure fails to include the proper fee, to attach any
required documents, to provide all requested biographical or other data, to
include required signatures, or to include legible responses. Failing to
disclose each and every criminal conviction, as defined by O.C.G.A. §
43-40-15(a), or
license disciplinary action that the applicant may have in this state or any
other jurisdiction may constitute a falsified application.
(e) The Commission may assess the fees cited
in Substantive Regulation
520-1-.04(1) on any
incomplete application and may return any incomplete application, or any
obsolete application, or any application on a non-approved form to a licensee
or applicant by mail at either (1) the address listed on the incomplete or
incorrect application or (2) the last known business address of record in the
Commission's files if the incomplete or incorrect application contains no
address.
(f) The Commission will
provide reasonable accommodation to a qualified candidate for licensure with a
disability in accordance with the Americans With Disabilities Act. The request
for an accommodation by an individual with a disability must be made in writing
and received in the Commission's office by the application deadline along with
appropriate documentation, as indicated in the Commission's Request for
Disability Accommodation Guidelines.
(g) Whenever an applicant or a candidate for
licensure submits to the Commission an original application on paper for
licensure as, including but not limited to, a broker, an associate broker, a
salesperson, a community association manager, a sole proprietor firm, a
corporation, a limited liability company, or a partnership or for approval as a
school or an instructor, the Commission shall maintain the paper record for a
period of 15 years and may then destroy the application. Whenever a licensee
submits any other application to the Commission on paper, the Commission shall
maintain the paper record for a period of one year and may then destroy the
application. The Commission shall maintain all electronic licensing records for
a period of at least 15 years.
(5)
Application Deadlines.
(a) Any person who has taken the community
association manager's examination and successfully passed the examination and
any person who has taken the salesperson's examination and successfully passed
the examination must make application for an active or inactive license within
three months from the date of the examination taken, or after three months,
must pay a fee equal to two times the original application fee. Any person who
fails to activate a community association manager's or a salesperson's license
by making application therefore within twelve months from the date of the
examination taken must retake the examination. In addition to passing the
qualifying examination, an applicant who applies for a community association
manager's license must submit evidence of successful completion of the
Community Association Manager's Prelicense Course (or an approved equivalency
as set forth in Chapter 520-2) and an applicant who applies for a salesperson's
license must submit evidence of successful completion of the Salesperson's
Prelicense Course (or an approved equivalency as set forth in Chapter 520-2).
(b) Any person who has taken the
broker's examination and successfully passed the examination must activate a
broker's or associate broker's license by making application therefore within
12 months from the date of the examination taken, or after 12 months must
retake the examination. An applicant must show proof of having held a license
in active status for at least three years of the five years immediately
preceding the filing of an application to become a broker or an associate
broker. Applicants whose prior active licensure was in a licensing jurisdiction
other than Georgia must present an original certification of licensure from
that licensing jurisdiction; and if the applicant was a broker in that
licensing jurisdiction, the applicant must present an original certification of
licensure of the firm or firms the applicant served as broker. The
certification of licensure must have been issued no more than twelve months
prior to the applicant's making application.
(6)
Name of Firm on Application.
(a) A broker operating as a sole proprietor
shall supply the Commission with the name in which the broker intends to
conduct business on the broker's application for licensure as a sole proprietor
and the same name shall be shown on the broker's certificate of licensure.
(b) Any corporation applying for
licensure as a broker shall submit with its application a copy of its corporate
charter as registered with the Corporation Division of the Secretary of State's
Office. In the event a corporation wishes to conduct business under a trade
name, it shall also submit with its application a certified copy of its trade
name, certified to by the Clerk of the County in which such certificate is on
file. The corporate name as is shown on the corporate charter, or the trade
name which appears on said certified copy, if the corporation has filed a trade
name registration, shall be shown on the broker's certificate of licensure
issued to the corporation. In the event a corporation chooses to conduct
business under a trade name or change the name under which it is conducting
business at any time after issuance of its initial certificate of licensure, it
shall submit a certified copy of its trade name; and such trade name shall be
shown on a new broker's certificate of licensure issued the corporation.
(c) Any partnership applying for
licensure as a broker shall submit with its application a copy of its
partnership agreement and a certified copy of its Certificate of Trade Name,
certified to by the Clerk of the County in which such certificate is on file.
The trade name that appears on said certified copy shall be shown on the
broker's certificate of licensure issued to the partnership.
(d) Any limited liability company applying
for licensure as a broker shall submit with its application a copy of its
certificate of authority to transact business in Georgia as issued by the
Secretary of State's office. In the event a limited liability company wishes to
conduct business under a trade name, it shall also submit with its application
a certified copy of its trade name, certified to by the clerk of the county in
which such certificate is on file. The limited liability company's name that
appears on its certificate of authority to transact business in Georgia, or the
trade name which appears on the certified copy of its trade name, if the
limited liability company has filed a trade name registration, shall be shown
on the broker's certificate of licensure issued to the limited liability
company. In the event a limited liability company chooses to conduct business
under a trade name or change the name on its certificate of authority to
transact business in Georgia at any time after issuance of the initial
certificate of licensure, it shall submit a certified copy of its trade name or
a copy of its revised certificate of authority to transact business in Georgia;
and such new name shall be shown on its broker's certificate of licensure.
(e) The trade name of any
franchisee applying for licensure as a broker shall include the franchise name
in a manner reasonably calculated to discern it from any other firm registered
with the Commission by including both the franchise name and either: said
firm's name as it appears on its corporate charter, partnership agreement, or
certificate of authority to transact business in Georgia; or said firm's trade
name, unique from the franchise name, as registered with each county in which
it is doing business.
(7)
Criminal History Report. No
more than 60 days prior to making application, each candidate for licensure or
applicant for a license or an instructor approval shall obtain, at the expense
of the candidate for licensure or applicant, and attach to the application for
licensure or approval:
(a) a certified
criminal history report issued by the Georgia Crime Information Center of the
Georgia Bureau of Investigation, indicating whether the candidate for licensure
or the applicant has any record of a criminal history;
(b) for candidates for licensure or
applicants for licensure who have not lived in Georgia, a certified criminal
history report from their resident state, province, or territory that is
equivalent to the report required in sub-paragraph (a) of this sub-section.
If that report indicates that the candidate for licensure or
the applicant has a record in another jurisdiction, or if the applicant is
unable to obtain a report as set forth in subparagraph (b) of this sub-section,
the applicant must, at the applicant's expense, provide any necessary
fingerprints, fees, authorization, or other requirements for the Commission to
obtain a Federal Crime Information Center report from the Federal Bureau of
Investigation.
(8)
Applicants with Convictions.
Whenever a candidate for licensure or an applicant reveals that such candidate
or applicant for licensure has a criminal conviction, as that term is defined
in O.C.G.A. Section
43-40-15(b)(1)(A),
and whenever any licensee is convicted of any offense that the licensee is
required to report to the Commission, such candidate for licensure, applicant,
or licensee must supply to the Commission a certified copy of:
(a) the citation, accusation, information, or
indictment that led to the conviction; and
(b) a certified copy of the sentence.
(9)
Applicants
with Disciplinary Actions. Whenever a candidate for licensure or an
applicant reveals that such candidate or applicant for licensure, has been the
subject of a disciplinary action before any licensing agency, and whenever any
licensee has been the subject of a disciplinary action before any licensing
agency that the licensee is required to report to the Commission, such
candidate for licensure, applicant, or licensee must supply the Commission with
a certified copy of:
(a) any allegations that
preceded the final order; and
(b)
the final order of that licensing agency.
(10)
Incomplete Applications.
The Commission, in its discretion, may deem an application for licensure as
incomplete unless the requirements of paragraphs (1) and (2) are met and may
elect not to process such an application unless and until those requirements
are met.
(11)
Preliminary
Decisions for Candidates for Licensure Having Convictions or Disciplinary
Actions. The Official Code of Georgia Annotated Section
43-40-15provides in part that the
Commission may deny a license to an applicant who has a prior criminal
conviction(s) or a disciplinary action(s) imposed by any occupational licensing
body. An applicant for licensure is a person who has met all experience,
education, and examination requirements for the license sought. Because of the
time and expense involved in becoming an applicant for licensure, the
Commission affords an individual who has not yet become an applicant the
opportunity to request that the Commission make a preliminary decision on the
conviction(s) or the prior disciplinary action(s) before the individual takes
the required education and examination for license. The purpose of a
preliminary decision is merely to provide advisory guidance. Preliminary
decisions are not binding. However, the Commission may elect to allow a
favorable preliminary decision to become its final decision without further
investigation or hearing when the individual becomes an applicant for
licensure.
(a) Required Information. An
individual seeking a preliminary decision must submit to the Commission a
certified copy of any indictment and conviction or a disciplinary action
imposed by another licensing regulatory authority. An individual seeking a
preliminary decision may also provide the Commission with any additional
information that the individual believes may assist the Commission in rendering
a preliminary decision.
(b)
Adverse Preliminary Decisions. A preliminary decision by the Commission that is
unfavorable to the individual shall not prevent the individual from becoming an
applicant for licensure by successfully completing all education, experience,
and examination requirements for the license. Whenever the Commission denies a
license based on a prior conviction or prior disciplinary action, it must
provide the applicant the opportunity for notice and a hearing.
(12)
Request for hearing
after Commission Denies an Application. If the Commission denies an
application for licensure or reinstatement of licensure after an applicant has
met the age, education, and examination requirements as described in O.C.G.A.
Section 43-40-8 and
43-40-9 and the Rules and
Regulations of the Commission and has paid all required fees for the license,
that applicant may request a formal hearing concerning that denial. The
applicant must make that request in writing to the Real Estate Commission
within sixty (60) days of the Commission's mailing notice to the applicant to
the address on the application that the Commission has reviewed the applicant's
application and voted to deny the application.
(a) If the applicant does not make written
application for a formal hearing within sixty (60) days the application shall
lapse and the applicant may not make another application for a license without
again standing and passing any qualifying examination that may be required for
that license and paying any required fees.
(b) If the applicant makes written
application for a formal hearing within sixty (60) days and is granted the
opportunity for a formal hearing and the Commission affirms its denial of the
application, the applicant may not make another application for a license
without again standing and passing any qualifying examination that may be
required for that license and paying any required fees.
(13)
Military Spouses and Transitioning
Service Member Applications. Effective July 1, 2017, military spouses
and transitioning service members may qualify for expedited processing of any
license application submitted to the Commission by showing that the applicant
is a military spouse or transitioning service member and that the applicant has
paid the fee and meets the requirements for a license under the law and rules
for the type of license for which the applicant has applied.
O.C.G.A. §§
43-40-2, 43-40-3.1, 43-40-7, 43-40-9, 43-40-13, 43-40-14, 43-40-16,
43-40-25.
