reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 62 - Board of Professional Counselors › Article 5 - General Provisions › 12 AAC 62.990 - Definitions

Current through May 31, 2024
(a) In AS 08.29,
(1) "direct counseling" means professional
				  counseling provided face-to-face with individuals, couples, families, or
				  groups;
(2) "incompetent" means
				  lacking sufficient knowledge, skills, or professional judgement in counseling,
				  to a degree likely to endanger the mental health or well being of a
				  client.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 1 - Examinations › 12 AAC 64.010 - Examination

Current through May 31, 2024
(a) A person may apply for the real estate
				  salesperson or broker examination with the commission-approved testing
				  service.
(b) Deadlines for
				  registration for the examination are set by the commission-approved testing
				  service.
(c) Registration fees for
				  the examination are not refundable.
(d) An applicant for licensure shall pass an
				  examination, approved by the commission, before applying for a license as a
				  real estate broker, associate real estate broker, or real estate salesperson.
				  The examination consists of a general part and a state part. An applicant must
				  sit for both parts of the examination during the same examination
				  session.
Information regarding the examination described in
						12 AAC 64.010 may be obtained by contacting the commission at
						Real Estate Commission, 550 W. 7th Avenue, Suite 1500, Anchorage, Alaska,
						99501-3567; Phone: (907) 269-8168; FAX: (907) 269-8156, or website at
https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/RealEstateCommission
.
						aspx; or from testing service at Pearson Vue, 5601 Green Valley Drive,
						Bloomington, MN 55437-1099, Phone: (800) 274-5992, or website at
https://home.pearsonvue.com/
.
Authority:
AS 08.88.051
AS 08.88.071
AS 08.88.081
AS 08.88.171
AS 08.88.191
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 1 - Examinations › 12 AAC 64.020 - Time and places (Repealed)

Current through May 31, 2024
(a) Repealed
				  8/22/79.
(b) Repealed
				  7/1/89.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 1 - Examinations › 12 AAC 64.040 - Admission to examination

Current through May 31, 2024
(a) Before the
				  scheduled examination date, an applicant who has registered to sit for the
				  examination will be sent a confirmation notice or receive a confirmation number
				  by electronic mail from the testing service that specifies the time and place
				  of the examination.
(b) An
				  applicant who has not registered for the examination by the deadline described
				  in
				  12 AAC 64.010(b) may not be admitted to the
				  examination at the sole discretion of the testing service.
Authority:
AS 08.88.081
AS 08.88.111
AS 08.88.191
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.059 - Review of license applications

Current through May 31, 2024
(a) An applicant
				  who meets the requirements on the relevant checklist set out in this section
				  has demonstrated the necessary qualifications for the license applied for. An
				  applicant who does not meet the requirements on that checklist or whose
				  responses on the form for application do not clearly show that the applicant is
				  qualified to receive a license will not be issued a license unless the
				  commission further reviews the application and determines that the applicant
				  meets the qualifications in AS 08.88 and this chapter for that
				  license.
(b) The following
				  checklist is established by the commission for review of an application for a
				  salesperson license; a salesperson license will be issued to an applicant who
(1) submits a completed form for application
				  under this chapter, including
(A) the
				  applicant's name, mailing address, and telephone number;
(B) the applicant's date of birth that shows
				  the applicant is at least 19 years old;
(C) the applicant's employing broker's name,
				  current and active license number, business name, telephone number, mailing
				  address, and signature;
(D) "no"
				  answers to all questions on the form dealing with felony indictments or
				  convictions and license actions; and
(E) the applicant's notarized signature
				  certifying that the information on the form is true and correct to the best of
				  the applicant's knowledge;
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.060 - Applications for licensure

Current through May 31, 2024
(a) An applicant
				  for licensure to practice as a real estate broker, associate broker, or
				  salesperson shall submit, within six months after the individual has taken the
				  examination required for licensure,
(1) a
				  completed application on the form provided by the department, including all
				  necessary attachments;
(2) the
				  license fee established in
				  12 AAC 02.360;
(3) the recovery fund fee established in
				  12 AAC 64.073; and
(4) documentation that the applicant has
				  satisfied the education requirements of
				  AS
				  08.88.091 and
				  12 AAC 64.063.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.061 - License by endorsement

Current through May 31, 2024
(a) A license which has lapsed, been
				  suspended, been surrendered by a licensee for disciplinary reasons, or a
				  license which has been limited in any way for disciplinary reasons is not
				  considered valid and active for purposes of licensure by endorsement.
(b) A licensee who requests licensure by
				  endorsement must submit a complete license history directly to the commission
				  from the other licensing authorities.
(c) For purposes of licensure by endorsement,
				  a valid and active license is a real estate license that is issued by another
				  state and is equivalent to a license issued by this state. For the license to
				  be considered active, the applicant for a license in this state must have met
				  standards of activity and license status in the other state that are equivalent
				  to the standards in this state for active licensure as provided in
				  12 AAC 64.080,
				  12 AAC 64.110, and
				  AS
				  08.88.171. The applicant must have worked as
				  a real estate licensee as a principal occupation. Within the six months
				  immediately preceding application under AS 08.88, an applicant applying for a
(1) broker license or associate broker
				  license must submit an affidavit that states that the applicant has, within
				  those six months
(A) owned a real estate
				  business;
(B) been employed as a
				  broker by a corporation or partnership; or
(C) been an actively licensed broker or
				  associate broker under another broker; the commission may
(i) determine that the applicant must provide
				  additional information regarding the applicant's active status by furnishing a
				  report of listings and sales, or of property management activity, accomplished
				  by the applicant during three or more years within the last five years of
				  licensure immediately preceding application in order to verify that the
				  applicant meets the requirements of this subparagraph; the report may be
				  provided by electronic mail or regular united states and must be certified as
				  correct by the broker with whom the applicant has been associated; if due to
				  conditions outside of the control of the applicant, a broker is not reasonably
				  available to certify the report, an applicant may request and receive approval
				  from the commission for an alternative manner to provide verification that the
				  report is correct;
(ii) require
				  additional investigation and inquiry relating to the applicant's qualifications
				  under this subparagraph;
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.063 - Minimum education requirements for licensure

Current through May 31, 2024
(a) All real estate
				  education courses used to qualify for initial licensure must
(1) meet the requirements of
				  12 AAC 64.400 -
				  12 AAC 64.470 and this section;
				  and
(2) have been completed within
				  the 18 months immediately preceding the date of application, except that the
				  real estate education courses used to qualify for initial licensure by
				  endorsement must have been completed within the 24 months immediately preceding
				  the date of application.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.064 - Education requirements after initial license

Current through May 31, 2024
(a) In addition to
				  the education requirements of
				  12 AAC 64.063 for an initial
				  license and the continuing education requirements under
				  12 AAC 64.500 for license renewal,
				  within one year after the date that the commission issues an initial license to
				  a real estate licensee under this chapter, the licensee shall complete 30 hours
				  of education that meets the applicable requirements of (b) or (c) of this
				  section.
(b) After initial
				  licensure as a salesperson, to meet the real estate education requirements of
				  AS
				  08.88.095 and this section, the salesperson
				  must complete the following course modules:
(1) contracts and agreements: 10 contact
				  hours covering
(A) purchase and sale
				  agreements;
(B) addendum and
				  amendments;
(C)
				  counteroffers;
(D)
				  contingencies;
(E) multiple
				  offers;
(F) back up
				  offers;
(G) differences between
				  residential, land, and commercial transactions;
(H) personal service agreements;
(I) negotiation and counseling; and
(J) lease purchase options;
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.065 - License required for employees, directors, agents, and officers

Current through May 31, 2024
(a) Repealed
				  2/11/95.
(b) A broker acting on
				  behalf of a business, corporation, or organization shall be authorized to act
				  by a resolution of the policy making body of that business, corporation, or
				  organization. The resolution must be a permanent part of the records of that
				  business, corporation, or organization and must show that the broker has
				  exclusive authority over and responsibility for
(1) employing and terminating the employment
				  of licensees;
(2) maintaining and
				  examining all trust accounts for real estate transactions;
(3) authorizing payment of all commissions,
				  salaries, finder's fees, or other compensation for activities for which a
				  license is required and indicating on the payment record the specific reason
				  for the payment;
(4) maintaining
				  the records of all real estate transactions and assuring their accessibility to
				  the department; and
(5) directing
				  and supervising all real estate business activities for which a license is
				  required and all activities necessary for full compliance with AS 08.88 and
				  this chapter.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.066 - Temporary military courtesy license

Current through May 31, 2024
(a) The commission
				  will issue a temporary military courtesy license to an active duty military
				  member or spouse of an active duty military member of the armed forces of the
				  United States to practice as a real estate broker, associate broker, or
				  salesperson who meets the requirements of
				  AS
				  08.01.063 and this section not later than 30
				  days after the commission receives a completed application.
(b) An applicant for a temporary military
				  courtesy license under this section
(1) must
				  submit a completed application on a form provided by the department;
(2) must pay the temporary license
				  application fee and fee for a temporary license set out under
				  12 AAC 02.105;
(3) must submit a copy of
(A) the applicant's current active duty
				  military orders showing assignment to a duty station in this state; or
(B) if the applicant is the spouse
				  of an active duty military member, the applicant's spouse's current active duty
				  military orders showing assignment to a duty in this state;
(4) must submit
				  documentation showing the applicant is actively licensed in another licensing
				  jurisdiction and the applicant's license in the other jurisdiction is not
				  suspended, revoked, or otherwise restricted except for failure to apply for
				  renewal or failure to obtain the required continuing education requirements;
				  and
(5) may not have been
				  convicted of a crime that affects the applicant's ability to practice real
				  estate competently and safely, as determined by the
				  commission.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.068 - Legal entities

Current through May 31, 2024
A real estate broker licensed under this chapter may do
					 business as a legal entity when organized under the law of this
					 state.
Authority:
AS
						08.88.071
AS 08.88.081
AS
						08.88.161
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.071 - License renewal

Current through May 31, 2024
(a) Except as provided in (g) of this
				  section, all licenses lapse January 31 of every even-numbered year unless
				  renewed under this section and in accordance with AS 08.88.091, 08.88.171, and
				  08.88.251. A renewal reminder notice will be provided by the commission, either
				  by electronic mail or regular united states mail to each licensee with a
				  current expiration date at least 60 days before the renewal date.
(b) An applicant for renewal of an active
				  license shall submit to the department, by the date the license lapses,
(1) a completed renewal application on the
				  form provided by the department;
(2) the license renewal fee established in
				  12 AAC 02.360;
(3) the recovery fund fee established in
				  12 AAC 64.073; and
(4) certification that the applicant has
				  satisfied the continuing education requirements of AS 08.88.091(d) and
				  12 AAC 64.500.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.073 - Recovery fund fee

Current through May 31, 2024
In addition to the required license or renewal fee, an
					 applicant for licensure or for renewal of a license issued under AS 08.88 shall
					 submit with the application a fee for the recovery fund established under
					 AS
					 08.88.455 in the amount of
					 $50.
Authority:
AS
						08.88.081
AS
						08.88.455
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.075 - Employment and transfer

Current through May 31, 2024
(a) An individual
				  may not be involved in activities requiring licensure under AS 08.88 until the
				  individual's employing broker signs and delivers to the commission, either by
				  electronic mail or regular United States mail, a notice of employment of the
				  individual and the individual's completed broker notice to real estate
				  commission of licensee termination form is delivered to the broker by the
				  licensee or the commission.
(b)
				  When a licensee requests a license transfer from one broker to another, the
				  terminating broker must complete the broker notice to real estate commission of
				  licensee termination form, provide a copy of the completed form to the
				  licensee, and submit the completed form to the commission, either by electronic
				  mail or regular United States mail, not later than five days from the date of
				  the licensee's request for a license transfer. The licensee shall provide the
				  new employing broker with a copy of the completed broker notice to real estate
				  commission of licensee termination form and provide the commission with a
				  completed application for license transfer and the fees established in
				  12 AAC 02.360. The commission will
				  mail an amended license certificate directly to the new employing
				  broker.
(c) After applying for a
				  license transfer, the licensee may work in the office of the new employing
				  broker for not more than 30 days while waiting for an amended license
				  certificate. The new employing broker shall keep a copy of the licensee's
				  signed application for license transfer and a copy of the completed broker
				  notice to real estate commission of licensee termination form described in (b)
				  of this section until the amended license certificate is received.
(d) The commission's designee shall review
				  and approve a license transfer if the transfer
(1) allows a licensee to resume licensed
				  practice under
				  AS
				  08.88.171(a)(1), (a)(2), (b)(1), or
				  (b)(2), or after being re-employed as a
				  licensed real estate salesperson for purposes of
				  AS
				  08.88.171(c); and
(2) does not require further review by the
				  commission.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.077 - Broker authorization of license applications

Current through May 31, 2024
(a) Except as
				  provided in (c) of this section, only the registered broker of an office may
				  employ or terminate a licensed associate broker or salesperson.
(b) An applicant applying to work in a branch
				  office shall submit to the commission the Employing Broker Information form of
				  the application signed by the registered broker and the associate broker in
				  charge of the branch office. This form may be signed digitally and may be
				  submitted either by electronic mail or regular united states mail.
(c) When the registered broker of an office
				  notifies the commission office in advance of an absence from the office, the
				  broker or an associate broker designated by the registered broker to supervise
				  transactions or licensees during the broker of record's absence may sign for
				  the broker of record on a license application.
Authority:
AS 08.88.081
AS 08.88.171
AS 08.88.291
AS 08.88.311
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.078 - Temporary absence of broker of record

Current through May 31, 2024
(a) When a broker
				  of record is temporarily absent from an office, the broker of record may
				  supervise transactions, trust accounts, or licensees by computer, modem,
				  facsimile, or telephone communications.
(b) When a broker of record is temporarily
				  absent from an office and is unable to supervise transactions, trust accounts,
				  or licensees
(1) in offices where an
				  associate broker is available, the broker of record may designate an associate
				  broker to supervise transactions, trust accounts, or licensees including
				  creating and signing transaction documents during the broker of record's
				  absence;
(2) in offices where an
				  associate broker is not available, the broker of record may enter into a
				  written contract with another broker to supervise transactions, trust accounts,
				  or licensees including creating and signing transaction documents during the
				  broker of record's absence; the broker temporarily substituting for the broker
				  of record shall remain employed at that person's registered office.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.080 - Suspension and revocation of active licenses

Current through May 31, 2024
(a) An active
				  license is a license which has been issued by the commission for the purposes
				  expressed in
				  AS
				  08.88.161 and which has not lapsed nor been
				  placed on inactive status, revoked, or suspended.
(b) Upon the suspension or revocation of a
				  real estate broker's license, the license of each associate broker and real
				  estate salesperson employed by that broker is automatically and simultaneously
				  suspended. The commission will notify all licensees of the suspension or
				  revocation of their employing broker's license after the order is served on the
				  employing broker.
(c) Any lapse,
				  suspension, revocation, or inactivation of a licensee's license which results
				  from or occurs in connection with a violation of or noncompliance with any
				  provision of the licensing statutes and regulations constitutes an interruption
				  in the licensee's active and continuous experience.
Authority:
AS
						08.88.071
AS
						08.88.081
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.085 - Suspended or revoked out-of-state license

Current through May 31, 2024
If an Alaskan licensee also holds an out-of-state broker's,
					 associate broker's, or salesperson's license or certificate and it is revoked,
					 suspended, or in any way restricted, the licensee shall inform the commission
					 within five calendar days of receiving notification of this
					 action.
Authority:
AS
						08.88.071
AS
						08.88.081
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.090 - Surrender of suspended or revoked licenses

Current through May 31, 2024
(a) A suspended or
				  revoked license and the pocket part of the license must be immediately
				  surrendered by the employing broker to the commission. If the license and
				  pocket part are not in the possession of a broker, they must be immediately
				  surrendered to the commission by the licensee. A license and pocket part are
				  considered surrendered when they have been placed in the United States mail,
				  registered with postage prepaid, and properly addressed to the commission, or
				  when they have been otherwise delivered to the commission.
(b) When a real estate broker surrenders the
				  broker's license, the licenses of all licensees employed by the broker who are
				  not subject to an order of suspension or revocation must be returned to the
				  licensees; the broker shall execute and send to the commission a notice of
				  termination for each of the licensees employed by the broker. Within 15 days of
				  receipt of the returned license, licensees whose licenses are returned shall
				  submit to the commission a properly executed notice of employment or a request
				  for inactivation. Failure to follow the requirements of this section will
				  result in automatic suspension of the employee's license and interruption in
				  the licensee's active status beginning on the date of the broker's suspension
				  or revocation and continuing until a properly executed employment notice or
				  request for inactive status is received by the commission.
(c) When an associate real estate broker or
				  real estate salesperson is discharged or released from a broker's employ for
				  violating the provisions of AS 08.88 or this chapter, the broker shall notify
				  the commission, in writing, of the release or discharge circumstances and
				  reasons for the broker's action. Failure to immediately notify the commission
				  constitutes ratification of the acts of the associate broker or salesperson by
				  the broker.
(d) No refund of the
				  license fee will be made by the commission when a license is
				  surrendered.
(e) A licensee whose
				  license has been suspended or revoked may not engage in any of the activities
				  authorized by AS 08.88 until the license has been reissued.
Authority:
AS
						08.88.081
AS
						08.88.161
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.095 - Real estate activities of unlicensed persons

Current through May 31, 2024
(a) A real estate
				  licensee may not employ an unlicensed person to perform activities for which a
				  real estate license is required under AS 08.88 and this chapter. A real estate
				  licensee may not employ an unlicensed person to perform any of the activities
				  in AS
				  08.88.161, including one or more of the
				  following:
(1) hosting an open house, kiosk,
				  or home show booth;
(2) showing a
				  property;
(3) explaining or
				  interpreting a
(A) contract of purchase and
				  sale; or
(B) listing contract or
				  property management contract, or any other form of service agreement.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.099 - Application or reissuance application for licensure after revocation or suspension

Current through May 31, 2024
(a) An applicant whose real estate license
				  has been revoked or suspended in any state, province, or territory shall inform
				  the commission of the circumstances of the revocation or suspension when
				  applying for licensure. Failure to inform the commission of any prior
				  revocation or suspension is grounds for denial or revocation of the
				  license.
(b) A license will not be
				  issued to a person who has had a license suspended or revoked until the
				  commission has reviewed the application at a commission meeting. The commission
				  will, in its discretion, conduct an investigation into the circumstances of the
				  suspension or revocation and will determine whether or not an applicant whose
				  license has been suspended or revoked may be licensed in Alaska.
Authority:
AS
						08.88.071
AS 08.88.081
AS
						08.88.211
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 2 - Licensing › 12 AAC 64.100 - Reissuance of suspended license

Current through May 31, 2024
A license which has been suspended and surrendered,
					 together with its pocket part, will be reissued, without charge, for the
					 unexpired balance of the license period when the conditions imposed in the
					 suspension order have been met and the suspended licensee otherwise qualifies
					 for licensure.
Authority:
AS
						08.88.071(3)
AS 08.88.081
AS 08.88.171
AS
						08.88.181(a)
AS
						44.33.020(1)
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 3 - Place of Business › 12 AAC 64.110 - Requirements for establishing and maintaining an office

Current through May 31, 2024
(a) A real estate
				  broker holding an active license shall establish and maintain a principal
				  office in this state. The office in which the broker works and maintains the
				  broker's license is the principal office of the broker.
(b) A broker who maintains offices or branch
				  offices other than the principal office or branch shall have an associate
				  broker in charge of each branch office. If a broker has an associate broker in
				  charge of an office, the broker is responsible for supervision of the associate
				  broker. The operation of a branch office without licensed personnel or without
				  an associate broker in charge is grounds for suspension or revocation of the
				  broker's license.
(c) Repealed
				  12/6/81.
(d) When a broker
				  establishes a real estate office in a location not normally considered a
				  business location, the commission may require the broker to submit evidence
				  that the office is where the broker and the broker's employees transact
				  business and receive business calls.
(e) A broker shall, before operating any
				  office or branch office, register the office or branch office with the
				  commission on a form provided by and approved by the commission. The
				  information provided by the broker must include the
(1) broker's name and license
				  number;
(2) business name under
				  which the broker will operate and advertise as required by
				  12 AAC 64.112;
(3) mailing address of the business and all
				  branch offices;
(4) physical
				  location of the office and all branch offices;
(5) bank account numbers of all real estate
				  trust accounts maintained by the broker;
(6) name and license number of all licensees
				  employed by the broker at that office;
(7) name of the associate broker in charge of
				  each branch office;
(8) telephone
				  and facsimile number and, if available, an e-mail address of the
				  office;
(9) type of business
				  organization, such as a sole proprietorship, corporation, partnership, limited
				  partnership, or limited liability company;
(10) all types of business activity
				  practiced, such as sales, property management, community association
				  management, and commercial sales.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 3 - Place of Business › 12 AAC 64.111 - Closing an office

Current through May 31, 2024
(a) Before closing an office or branch
				  office, a broker shall submit to the commission
(1) a completed form for closing an office as
				  prescribed by the commission;
(2) a
				  bank statement showing a zero balance in the trust accounts or appropriate
				  trust funds documentation;
(3) the
				  name, address, and phone number of the custodian of records and the location
				  where the transaction record of brokerage for the last three years may be
				  accessed; and
(4) a competed form
				  for license transfer or change of status as required under
				  AS
				  08.88.301 and
				  12 AAC 64.075.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 3 - Place of Business › 12 AAC 64.112 - Registration of business name

Current through May 31, 2024
(a) A broker shall
				  register with the commission the name under which the broker will advertise and
				  conduct business. A broker's business name registered with the commission is
				  the name that will be entered into the commission's data base and appear on the
				  roster of licensees published by the commission.
(b) If a broker's registered business name is
				  different from the corporate identity of the business, the broker shall
				  document the relationship of the registered brokerage to the corporation on a
				  corporate affidavit submitted with the registration form required by
				  12 AAC 64.110(e).
(c) The business name that a broker registers
				  with the commission must be separate and distinct from all other active
				  brokers' registered business names.
(d) In order to register a business name that
				  is protected through registration with the division assigned corporations
				  functions in the Department of Commerce, Community, and Economic Development, a
				  broker shall submit proof of legal ownership of the business name.
As of Register 171 (October 2004), the regulations
						attorney made technical revisions under
						AS
						44.62.125(b)(6) to reflect
						the name change of the Department of Community and Economic Development to the
						Department of Commerce, Community, and Economic Development made by ch. 47, SLA
						2004 and the corresponding title change of the commissioner of community and
						economic development.
With Register 180, January 2007 and under the authority
						of AS
						44.62.125, the regulations attorney changed
						obsolete terminology concerning the division of occupational licensing and the
						division of banking and securities in conformity with ch. 14, SLA 2005 and to
						reflect the transfer of certain corporations functions within the Department of
						Commerce, Community, and Economic
						Development.
Authority:
AS
						08.88.081
AS 08.88.111
AS
						08.88.311
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 3 - Place of Business › 12 AAC 64.117 - Broker's written policy

Current through May 31, 2024
A broker shall adopt a written policy manual that addresses
					 guidelines and procedures
(1) to
				  determine the designated licensee;
(2) that establish a policy for when the
				  broker becomes a designated licensee;
(3) for neutral licensees;
(4) for a single real estate licensee
				  representing one party in a transaction while providing specific assistance to
				  an unrepresented party in the same transaction;
(5) for maintaining confidentiality within
				  the office for all transactions; and
(6) for the supervision of teams, if
				  applicable, to include a policy covering
(A)
				  the usage of the consumer disclosure required under
				  12 AAC 64.118; and
(B) how consumers arc represented within a
				  team.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 3 - Place of Business › 12 AAC 64.118 - Consumer Disclosure

Current through May 31, 2024
Before a real estate licensee provides specific assistance
					 to a person, or when entering into a contract with the person to provide
					 specific assistance, the real estate licensee shall provide the person with a
					 copy of the commission's
Alaska Real Estate Commission Consumer
					 Disclosure,
dated February 2015, and adopted by reference.
Click
					 here to view Alaska Real Estate Commission Consumer Disclosure Page
					 1
Click
					 here to view Alaska Real Estate Commission Consumer Disclosure Page
					 2
Copies of the Alaska Real Estate Commission Consumer
						Disclosure, adopted by reference in
						12 AAC 64.118 may be obtained from
						the Department of Commerce, Community, and Economic Development, Division of
						Corporations, Business and Professional Licensing, Real Estate Commission, 550
						W. 7th Avenue, Suite 1500, Anchorage, AK 99501-3567; phone: (907)
						269-8162.
Authority:
AS
						08.88.071
AS 08.88.081
AS 08.88.171
AS
						08.88.685
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 3 - Place of Business › 12 AAC 64.119 - Waiver of right to be represented

Current through May 31, 2024
A written consent that a neutral licensee obtains under
					 AS
					 08.88.610 must be provided on the
					 commission's form entitled
Alaska Real Estate Commission Waiver of
					 Right to Be Represented,
dated February 2015, and adopted by
					 reference.
Click
					 here to view Alaska Real Estate Commission Waiver of Right to Be
					 Represented
Copies of the Alaska Real Estate Commission Waiver of
						Right to Be Represented, adopted by reference in
						12 AAC 64.119 may be obtained from
						the Department of Commerce, Community, and Economic Development, Division of
						Corporations, Business and Professional Licensing, Real Estate Commission, 550
						W. 7th Avenue, Suite 1500, Anchorage, AK 99501-3567; phone: (907)
						269-8162.
Authority:
AS
						08.88.071
AS 08.88.081
AS 08.88.171
AS
						08.88.610
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 3 - Place of Business › 12 AAC 64.120 - Branch offices

Current through May 31, 2024
(a) Before establishing a branch office in
				  addition to the principal office, a broker must register the branch office with
				  the commission and provide the information required in
				  12 AAC 64.110(e)
				  for the branch office.
(b) An
				  associate real estate broker shall supervise only one office and it must be the
				  associate broker's principal business office.
(c) Operating a branch office without
				  licensed personnel or without an associate broker in charge is grounds for
				  suspension or revocation of the broker's license.
Authority:
AS
						08.88.311
AS
						44.33.020(1)
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 3 - Place of Business › 12 AAC 64.125 - Supervision

Current through May 31, 2024
(a) Failure of a broker and associate broker
				  in charge to adequately provide for the supervision of the activities of
				  licensees for whom they are responsible is grounds for disciplinary action
				  against the
(1) employing broker;
(2) associate broker designated by the broker
				  to manage a branch office; and
(3)
				  broker and associate broker in charge designated by the broker of record to
				  supervise transactions or licensees during the broker of record's
				  absence.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 3 - Place of Business › 12 AAC 64.127 - Office signs

Current through May 31, 2024
(a) The physical address of the office of a
				  licensed real estate broker must be clearly identifiable to the public from
				  outside the office.
(b) A real
				  estate broker shall prominently display a sign showing the name of the real
				  estate business at the entrance to the real estate office.
Authority:
AS
						08.88.081
AS
						08.88.381
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 3 - Place of Business › 12 AAC 64.128 - Home offices

Current through May 31, 2024
(a) A broker in charge of a principal office
				  who permits an associate broker or a salesperson under the supervision of the
				  broker to work out of a home office that is not a principal office or a branch
				  office, must comply with supervision requirements of
				  12 AAC 64.125.
(b) An associate broker in charge of a branch
				  office who permits another associate broker or a salesperson under the
				  supervision of the associate broker to work out of a home office that is not a
				  principal office or a branch office, must comply with supervision requirements
				  of 12 AAC 64.125.
(c) An associate broker or salesperson
				  working out of a home office that is not a principal office or a branch office
				  may not
(1) give the appearance or impression
				  that the home office is a principal office or a branch office;
(2) display a sign at the home office showing
				  the name of the real estate business; or
(3) use the address of the home office in any
				  form of advertising, business letterhead, or business cards for the real estate
				  business; the address of the principal office or branch office from which the
				  associate broker or salesperson conducts real estate business must be used in
				  the advertising, business letterhead, or business cards for the real estate
				  business.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 4 - Prohibited Conduct › 12 AAC 64.130 - Grounds for revocation or suspension

Current through May 31, 2024
The following acts, in addition to those specified
					 elsewhere in this chapter, are grounds for revocation or suspension of a
					 license:
(1) acting or failing to act
				  as specified in AS 08.88.071(a)(3);
(2) representing more than one party in a
				  real estate transaction;
(3)
				  failing to account for, remit, or surrender any money, documents, or other
				  property of value coming into the possession or control of the licensee in the
				  course of a real estate transaction or unreasonably delaying the accounting for
				  or disbursal of money, documents, or other property held by or which is the
				  responsibility of the broker for parties in a real estate
				  transaction;
(4) failing to
				  disclose information as required in
				  12 AAC 64.940;
(A) the
				  listing contract;
(B) repealed
				  1/9/2014;
(C) the settlement
				  statement;
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 4 - Prohibited Conduct › 12 AAC 64.135 - Inspections or audits of records and accounts

Current through May 31, 2024
(a) The commission
				  or the commission's designee may inspect a broker's transaction records; the
				  inspection must be conducted between 8:00 a.m. and 5:00 p.m., Monday through
				  Friday, unless otherwise agreed, and the broker must be given at least 72
				  hours' advance notice of the inspection. The broker shall make available to the
				  commission or its designee all requested transaction records, including earnest
				  money agreements, listing agreements, trust account records, disbursal records,
				  broker or licensee communications regarding transactions, and closing
				  statements for all principals to transactions.
(b) The commission will, in its discretion,
				  and the commission's designee may, conduct complete audits of broker trust
				  accounts, transaction records, and related accounts and records. The commission
				  may direct that the audit be held with or without prior notice to the broker.
				  In the case of a non-noticed audit, the auditor must present the request for
				  access to the records during regular business hours. When a non-noticed audit
				  would constitute a grave hardship on a broker or the broker's business, the
				  broker may request a 24-hour delay. If granted, the records must be sealed or
				  secured by and at the direction of the auditor for the duration of the delay;
				  the seals must be broken only by the auditor.
Authority:
AS 08.88.081
AS 08.88.351
AS 44.33.020
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 4 - Prohibited Conduct › 12 AAC 64.140 - Employment of unlicensed personnel

Current through May 31, 2024
(a) Grounds for
				  revocation or suspension of licenses for employment of unlicensed personnel are
				  as follows:
(1) retaining the services of any
				  person as a real estate salesperson or an associate real estate broker who is
				  not licensed under AS 08.88;
(2)
				  accepting a commission or valuable consideration as a real estate salesperson
				  for the performance of any of the acts specified in AS 08.88 or this chapter
				  from any person except the real estate broker whose name appears on the
				  salesperson's license.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 4 - Prohibited Conduct › 12 AAC 64.160 - False or misleading statements

Current through May 31, 2024
(a) Making any
				  false or fraudulent representation or material misstatement on an application
				  for a license, renewal, examination, or any additional material requested by
				  the commission under
				  12 AAC 64.060(b)
				  is grounds for revocation, suspension, or denial of a license.
(b) Making a false or misleading statement to
				  the commission regarding an alleged violation of AS 08.88 or the regulations
				  set forth in this chapter or the qualifications of the licensee is grounds for
				  suspension, revocation, or denial of a license.
Authority:
AS
						08.88.081
AS
						08.88.401
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 4 - Prohibited Conduct › 12 AAC 64.175 - Investigation of complaints or violations

Current through May 31, 2024
(a) Licensees shall
				  cooperate with the department and the commission during the investigation of
				  complaints or alleged violations of licensing statutes or regulations. When a
				  licensee is requested to respond to a complaint, the licensee shall do so
				  within the time period specified; however, the specified response period must
				  allow at least 10 days from the date of the receipt of the request.
(b) Repealed 7/1/89.
Authority:
AS
						08.88.037
AS 08.88.071
AS
						08.88.081
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 64 - Real Estate Commission › Article 5 - Trust Accounts › 12 AAC 64.180 - Establishment of trust account

Current through May 31, 2024
(a) Every real
				  estate broker shall establish one or more trust accounts in a federally insured
				  bank authorized to do business in this state, and the name of the account so
				  established must include the words "trust account" or "trustee
				  account."
(b) A real estate broker
				  shall file with the commission the name of the account, the account number, and
				  the name and branch of the bank that holds the account for all trust accounts
				  maintained by the broker.
(c) The
				  broker who establishes the account shall be trustee of the account and
				  responsible for all signatories to that account.
(d) If maintenance expenses are charged
				  against a trust account, the broker shall deposit a sum of money not exceeding
				  $100 to the trust account for the purpose of paying the maintenance expenses of
				  the account and shall make additional deposits when necessary, but not to
				  exceed $100 on deposit.
(e) All
				  trust accounts must be demand accounts only.
Authority:
AS
						08.88.081
AS
						08.88.351