Section 08.88.171. Eligibility for license.

   (a) A natural person qualifies for a real estate broker license if the person passes the brokers examination, applies for a license within six months after passing the examination, furnishes satisfactory proof of successful completion of the education requirements of AS 08.88.091, has had at least 24 months of active and continuous experience as a real estate licensee within the 36 months immediately preceding application for the broker license, is not under indictment for or seven years have elapsed since the person has completed a sentence imposed upon conviction of a felony or other crime that, in the judgment of the commission, affects the person's ability to practice as a real estate broker competently and safely or upon conviction of forgery, theft, extortion, conspiracy to defraud creditors, or fraud, and is an owner of a real estate business or employed as a real estate broker by a foreign or domestic corporation, partnership, limited partnership, or limited liability company. Unless the broker fails to satisfy the educational requirements of AS 08.88.095 or renew the license, or the broker's license is suspended or revoked, the broker's license continues in effect as long as the broker's license is active. If the broker stops being an owner of a real estate business or stops being employed as a real estate broker by a foreign or domestic corporation, partnership, limited partnership, or limited liability company, the broker's license is suspended from the time the broker stops until the broker satisfies the educational requirements of AS 08.88.098 and
        (1) again becomes an owner of a real estate business or is again employed as a real estate broker by a foreign or domestic corporation, partnership, limited partnership, or limited liability company; or
        (2) is employed by another broker as an associate broker, in which case the real estate broker license shall be returned to the commission by the broker, and the commission shall issue the broker an associate real estate broker license.
   (b) A natural person qualifies for an associate real estate broker license if the person passes the brokers examination, applies for the license within six months after passing the examination, submits satisfactory proof of successful completion of the education requirements of AS 08.88.091, has had at least 24 months of active and continuous experience as a real estate licensee within the 36 months immediately preceding application for the license, furnishes satisfactory proof that errors and omissions insurance required under AS 08.88.172 has been obtained, is not under indictment for or seven years have elapsed since the person has completed a sentence imposed upon conviction of a felony or other crime that, in the judgment of the commission, affects the person's ability to practice as an associate real estate broker competently and safely or upon conviction of forgery, theft, extortion, conspiracy to defraud creditors, or fraud, and is employed by a licensed real estate broker as an associate real estate broker. Unless the associate broker fails to satisfy the educational requirements of AS 08.88.095 or renew the license, or the associate broker's license is suspended or revoked, the associate broker's license continues in effect as long as the associate broker is employed by a licensed real estate broker as an associate broker. If the associate broker stops being employed by a licensed real estate broker, the associate broker's license is suspended from the time the associate broker stops until the associate broker satisfies the educational requirements of AS 08.88.098 and
        (1) again is employed by a real estate broker as an associate broker; or
        (2) becomes an owner of a real estate business or is employed as a real estate broker by a foreign or domestic corporation, partnership, limited partnership, or limited liability company, in which case the associate broker's license shall be returned to the commission by the associate broker, and the commission shall issue the licensee a broker's license.
   (c) A natural person qualifies for a real estate salesperson license if the person passes the real estate salesperson examination, applies for the license within six months after passing the examination, submits satisfactory proof of successful completion of the education requirements of AS 08.88.091, is at least 19 years of age, furnishes satisfactory proof that errors and omissions insurance required under AS 08.88.172 has been obtained, is not under indictment for a felony or other crime that, in the judgment of the commission, affects the individual's ability to practice as a real estate salesperson competently and safely or under indictment for forgery, theft, extortion, conspiracy to defraud creditors, or fraud, or, if convicted of such an offense, seven years have elapsed since the person completed the sentence imposed upon conviction. Unless the salesperson fails to satisfy the educational requirements of AS 08.88.095 or renew the license, or the real estate salesperson's license is suspended or revoked, a real estate salesperson's license continues in effect.
   (d) A real estate licensee shall promptly inform the commission of a change in business association that affects the status of the licensee's license under this section.
   (e) Notwithstanding (a) - (d) of this section, a natural person qualifies for a limited license to practice community association management under (f) of this section if the person
        (1) applies by January 1, 1999;
        (2) pays the required fees;
        (3) demonstrates to the commission's satisfaction that the person has engaged in the practice of community association management for at least 24 months before January 1, 1999; and
        (4) meets other requirements that may be established by the commission in its regulations for issuance of a license under this subsection.
   (f) A person who qualifies under (e) of this section shall be issued an associate broker license if, at the time of issuance, the person is employed by a broker. A person who qualifies under (e) of this section shall be issued a broker license if, at the time of issuance, the person is the owner of a community association management business or is employed as a community association manager by a foreign or domestic corporation, partnership, limited partnership, or limited liability company. After initial issuance of a license to a person under this subsection, the person is subject to the same requirements that exist for other brokers and associate brokers licensed under this chapter. However, notwithstanding other provisions of this chapter, under a license issued under this subsection, a person may practice only community association management and does not qualify as a broker or associate broker for purposes of AS 08.88.161(1) - (4), (7), or (8) or 08.88.165(2). A person issued a limited license to practice community association management under this section may not use the terms "salesperson," "broker," or "associate broker" for any business purpose unless the person is also licensed appropriately under other provisions of this chapter.

Authorities

8.88.071; 8.88.091; 8.88.211; 8.88.241; 8.88.263

Notes

Recent Bills that will modify this

HB 281 REAL ESTATE BROKER LICENSURE REQS
SB 158 REAL ESTATE COMMISSION;BROKER LICENSING

Implemented As

12 AAC 64.010
12 AAC 64.059
12 AAC 64.060
12 AAC 64.063
12 AAC 64.071
12 AAC 64.075
12 AAC 64.077
12 AAC 64.100
12 AAC 64.117
12 AAC 64.118
12 AAC 64.119
12 AAC 64.125
12 AAC 64.580
12 AAC 64.600
12 AAC 64.610
12 AAC 64.620
12 AAC 64.630
12 AAC 64.640
12 AAC 64.650

References

12 AAC 64.060
12 AAC 64.061
12 AAC 64.063
12 AAC 64.075
12 AAC 64.990
AS 8.88.071 .071">Sec. 08.88.071. Duties and powers of the commission; grounds for disciplinary sanctions.
AS 8.88.091 .091">Sec. 08.88.091. Education of applicants and licensees.
AS 8.88.211 .88.211">Sec. 08.88.211. Qualification for examination. [Repealed, Sec. 42 ch 167 SLA
AS 8.88.241 .241">Sec. 08.88.241. Reinstatement of lapsed license.
AS 8.88.263 .263">Sec. 08.88.263. License by endorsement.

History

(Sec. 1 ch 95 SLA 1964; am Sec. 3 ch 130 SLA 1966; am Sec. 1 ch 55 SLA 1969; am Sec. 5 - 7 ch 28 SLA 1974; am Sec. 12 - 15 ch 167 SLA 1980; am Sec. 7 ch 67 SLA 1983; am Sec. 3 - 5 ch 105 SLA 1990; am Sec. 10, 11 ch 45 SLA 1998; am Sec. 5 - 7 ch 74 SLA 2005; am Sec. 4 - 6 ch 51 SLA 2007; am Sec. 3, 4 ch 113 SLA 2008; am Sec. 2, 3 ch 39 SLA 2016)

].