Section 08.88.071. Duties and powers of the commission; grounds for disciplinary sanctions.

   (a) The commission shall
        (1) determine whether applicants meet requirements for licenses under this chapter and issue licenses to those who qualify;
        (2) prepare and grade examinations;
        (3) after hearing, have the authority to suspend or revoke the license of a licensee or impose other disciplinary sanctions authorized under AS 08.01.075 on a licensee who
             (A) with respect to a real estate transaction
                  (i) made a substantial misrepresentation;
                  (ii) made a false promise likely to influence, persuade, or induce;
                  (iii) in the case of a real estate broker, pursued a flagrant course of misrepresentation or made a false promise through another real estate licensee;
                  (iv) has engaged in conduct that is fraudulent or dishonest;
                  (v) violates AS 08.88.391;
                  (vi) violates AS 08.88.396;
             (B) procures a license by deceiving the commission, or aids another to do so;
             (C) has engaged in conduct of which the commission did not have knowledge at the time the licensee was licensed demonstrating the licensee's unfitness to engage in the business for which the licensee is licensed;
             (D) knowingly authorizes, directs, connives at, or aids in publishing, distributing, or circulating a material false statement or misrepresentation concerning the licensee's business or concerning real estate offered for sale, rent, or lease, or managed in the course of the licensee's business in this or any other state or concerning the management of an association in the course of a licensee's business in this or another state;
             (E) if a real estate broker, wilfully violates AS 08.88.171(d) or 08.88.291;
             (F) if an associate real estate broker, claims to be a real estate broker, or, if a real estate salesperson, claims to be a real estate broker or associate real estate broker;
             (G) if a real estate broker, employs an unlicensed person to perform activities for which a real estate license is required;
             (H) if an employed real estate licensee of a real estate broker, fails immediately to turn money or other property collected in a real estate transaction over to the employing real estate broker; or
             (I) fails to carry and maintain errors and omissions insurance with terms and conditions established by the commission under AS 08.88.172;
        (4) prosecute, through the Department of Law, violations of the provisions of this chapter or lawful regulations adopted under this chapter;
        (5) release for publication in a newspaper of general circulation in the locale of the offending person's principal office registered with the commission notice of disciplinary action taken by the commission against a person licensed under this chapter;
        (6) issue a temporary permit to the personal representative of the estate of a deceased real estate broker or to another person designated by the commission with the approval of the personal representative of the estate in order to secure proper administration in concluding the affairs of the decedent broker's real estate business;
        (7) issue a temporary permit to a licensee designated by the commission for the purpose of securing proper administration, temporarily managing, or concluding the affairs of the real estate business of a broker if
             (A) an investigation produces substantial evidence that the broker has misappropriated trust funds;
             (B) the real estate license of the broker is suspended; or
             (C) the broker is incapacitated because of a traumatic event or medical condition, as defined in regulations adopted by the commission;
        (8) issue a temporary permit to the personal representative of a legally incompetent real estate broker or to another person designated by the commission with the approval of the personal representative of the broker in order to secure proper administration in temporarily managing the real estate business of the broker;
        (9) establish and periodically revise the form of the seller's property disclosure statement required by AS 34.70.010;
        (10) have the authority to levy civil fines as established in this chapter;
        (11) revoke the license of a broker, associate broker, or real estate salesperson who is convicted of a felony or other crime committed while licensed under this chapter that, in the judgment of the commission, affects the ability of that person to practice as a broker, associate broker, or real estate salesperson competently and safely or who is convicted of forgery, theft, extortion, conspiracy to defraud creditors, or fraud; notwithstanding AS 08.88.171, a person whose license is revoked under this paragraph is not qualified to obtain or renew a license under AS 08.88.171(a) - (c) until seven years have elapsed since the person completed the sentence imposed for the conviction.
   (b) When an award is made from the real estate recovery fund under this chapter, the commission may suspend the license of the real estate licensee whose actions formed the basis of the award. A suspension ordered under this subsection shall be lifted if the licensee reaches an agreement with the commission on terms and conditions for the repayment to the real estate recovery fund of the money awarded to the claimant and if the licensee satisfies the requirements of AS 08.88.095. The suspension shall be reimposed if the licensee violates the terms of a repayment agreement entered into under this subsection.
   (c) For the purposes of (a)(3) of this section, the conduct of an employee is attributable to a real estate broker if the real estate broker has actual knowledge that the employee is going to engage in the conduct and agrees to the conduct, either actively or by remaining silent, or ratifies the conduct after it is engaged in.
   (d) The commission may investigate a violation of a provision of AS 08.88.600 - 08.88.695 by a real estate licensee and take administrative action under (a)(3) of this section if the commission has reason to believe that a violation has occurred.

Authorities

8.88.371; 8.88.391; 8.88.472

Notes

Implemented As

12 AAC 64.010
12 AAC 64.059
12 AAC 64.060
12 AAC 64.061
12 AAC 64.064
12 AAC 64.065
12 AAC 64.068
12 AAC 64.080
12 AAC 64.085
12 AAC 64.095
12 AAC 64.099
12 AAC 64.100
12 AAC 64.117
12 AAC 64.118
12 AAC 64.119
12 AAC 64.125
12 AAC 64.130
12 AAC 64.140
12 AAC 64.175
12 AAC 64.240
12 AAC 64.250
12 AAC 64.260
12 AAC 64.325
12 AAC 64.560
12 AAC 64.570
12 AAC 64.600
12 AAC 64.610
12 AAC 64.620
12 AAC 64.630
12 AAC 64.640
12 AAC 64.650
12 AAC 64.930
12 AAC 64.940
12 AAC 64.961
12 AAC 64.980

References

12 AAC 64.130
12 AAC 64.260
12 AAC 64.325
12 AAC 64.560
12 AAC 64.570
AS 8.88.371 .88.371">Sec. 08.88.371.
AS 8.88.391 .391">Sec. 08.88.391. Conflict of interest.
AS 8.88.472 .472">Sec. 08.88.472. Fund operations; charges against fund.

History

(Sec. 1 ch 95 SLA 1964; am Sec. 2, 3 ch 28 SLA 1974; am Sec. 3 ch 143 SLA 1974; am Sec. 5, 6 ch 167 SLA 1980; am Sec. 2 ch 96 SLA 1982; am Sec. 1 ch 150 SLA 1984; am Sec. 2 ch 115 SLA 1992; am Sec. 4 ch 45 SLA 1998; am Sec. 1 ch 128 SLA 2003; am Sec. 2 ch 105 SLA 2004; am Sec. 1 ch 74 SLA 2005; am Sec. 1 ch 51 SLA 2007; am Sec. 1, 2 ch 113 SLA 2008; am Sec. 1 ch 54 SLA 2009; am Sec. 1 ch 37 SLA 2012)