reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.03 - Issuance Of Temporary And Original Salesperson Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A person shall
			 be required to have a temporary salesperson license issued prior to beginning a
			 post license course to earn post license credit. The license holder shall
			 provide the temporary license number to the instructor before he/she will be
			 allowed to begin the post license course.
(2) The expiration date on a temporary
			 salesperson license shall be six months from the first day of the month
			 following its issuance, i.e.; the expiration date shall be midnight on the last
			 day of the last month of the six-month period. After that, the license shall be
			 valid, although inactive, for another six months as prescribed by statute.
			 After this one-year period, the inactive temporary salesperson license shall
			 lapse if the holder fails to complete the 30-hour post license course, submit a
			 completed original salesperson application and fee, and have the original
			 (permanent) license issued. The inactive salesperson temporary license shall
			 lapse at midnight on the last day of the last month of the one-year
			 period.
(3) A temporary salesperson
			 license may be on active status only during the six months following its
			 issuance. During the remaining six months in which the temporary salesperson
			 license holder has to complete the post license course, the temporary
			 salesperson license may only be on inactive status. The license may be
			 activated with the issuance of the original (permanent) license.
(4) A temporary salesperson license holder
			 may transfer a license via the regular transfer procedures anytime during the
			 first six months after the issuance of the temporary salesperson
			 license.
(5) The application for
			 the original (permanent) salesperson license shall be received by the
			 Commission on or before the date the temporary salesperson license would lapse.
			 Therefore, the original salesperson license application, appropriate fees and
			 proof of completion of the post license course shall be received by the
			 Commission on or before midnight on the last day of the month which is one year
			 from the first day of the month following the issuance of the temporary
			 salesperson license.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-6;
				  34-27-8;
				  34-27-33.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.04 - Additional Broker License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 qualifying broker doing business in the name of a corporation or partnership
			 and who also desires to do business as a sole proprietorship or for another
			 corporation or partnership located at the same address must obtain and submit
			 to the Commission a letter of consent from all officers of the corporation, or
			 partners of the partnership.
(2) A
			 corporation, partnership, or sole proprietorship may grant permission for its
			 qualifying broker to be qualifying broker for another corporation, partnership
			 or sole proprietorship doing business in the same location. Any licensee
			 licensed under a broker who serves as qualifying broker for more than one
			 corporation, partnership or sole proprietorship operating from the same address
			 may operate under either corporation, partnership or sole proprietorship
			 sharing the same qualifying broker.
(3) A qualifying broker for a real estate
			 company may serve as an associate broker for another real estate company at the
			 same location.
(4) A broker may
			 serve as a qualifying broker for a real estate company and a vacation
			 timesharing plan provided that both are located at the same address.
(5) A broker shall hold a separate license
			 for each firm which he represents as a qualifying broker.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8,
				  34-27-32.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.05 - Names On Application For Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
An application for temporary salesperson, original salesperson,
				broker, reciprocal license or license renewal shall include the full legal name
				of the applicant. If the applicant, in licensed real estate activities, uses or
				desires to use any name other than their full legal name or use a shortening of
				their name that does not use the same letters in the same order as a portion of
				their full legal name, then the applicant shall include that nickname or
				assumed name on their application.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8,
				  34-27-32,
				  34-27-33,
				  34-27-35.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.06 - Temporary Broker License (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8,
				  34-27-32.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.07 - Place Of Business And Signage

Current through Register Vol. 42, No. 9, June 28, 2024
A place of business shall be identified by a sign which sets
				out the name of the company as licensed with the commission. In places where an
				exterior sign is permitted a sign shall be posted outside of the office so that
				it is plainly and readily visible to the public. In places where an exterior
				sign is not permitted, an interior sign shall be posted. The interior sign
				shall be in keeping with the building restrictions, and if permitted, shall be
				posted in the entry area and on the door of the office or suite of offices.
				Appropriate files and records shall be maintained in the place of
				business.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-2,
				  34-27-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.13 - Activation Of Inactive License

Current through Register Vol. 42, No. 9, June 28, 2024
A total of 15 clock hours of approved continuing education
				coursework shall be completed to activate an inactive license when the license
				is activated for the first time in a license period. An additional 15 hours of
				approved continuing education coursework shall be completed to renew the
				license on active status for the next license period.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8,
				  34-27-35.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.14 - Evidence Of Transfer (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Charles R. Sowell
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27-8,
				  34-27-34.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.15 - Return Of License

Current through Register Vol. 42, No. 9, June 28, 2024
A corporation, partnership or individually owned company may
				withdraw consent for a broker or salesman to continue doing business in its
				name by notifying the Commission and the broker or salesman in writing and
				returning to the Commission the license of the broker or salesman for whom
				consent is withdrawn.
Author:
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27-8,
				  34-27-35.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.16 - Renewals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If for any
			 reason a licensee fails to receive a renewal form, it shall be the
			 responsibility of the licensee to notify the Commission of this failure by
			 August 10 of the renewal period.
(2) Only the renewal of a license shall be
			 effected with a renewal form. Any changes constituting a transfer must be
			 submitted in accordance with established transfer procedures.
D. Philip Lasater
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27-8,
				  34-27-35.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.17 - Display Of License (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.18 - Veteran Exemption

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to
Code of Ala. 1975,
§§
								40-12-340 through 352, a business or occupations license exemption of $25.00 for each,
				the state, county and municipality, with no deadline, is provided for any
				permanent resident of Alabama who is a veteran and who has physical
				disabilities of twenty-five percent (25%) or more, whether service connected or
				not, who conducts his business as a means of livelihood through his personal
				efforts and has not more than one employee and whose property is valued at less
				than $5,000.00 and net income is less than $2,500.00.
Author:
Statutory Authority:
Code of Ala.
				  1975,
§
										34-27-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.19 - Holding Of Timeshare License And Real Estate License

Current through Register Vol. 42, No. 9, June 28, 2024
A person may hold a vacation timesharing seller's license and a
				real estate license under separate qualifying brokers at separate locations
				provided that, in addition to meeting all other requirements for licensure, the
				licensee obtains written consent to hold both licenses on a form prescribed by
				the Commission and signed by both of the licensee's qualifying brokers.
Author:
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27-8,
				  34-27-35,
				  34-27-66.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.20 - Recovery Fund Fee Exemption

Current through Register Vol. 42, No. 9, June 28, 2024
Any licensee whose original license is issued on inactive
				status shall not be required to pay a real estate recovery fund fee for that
				license until such time as the license is activated. For such a license to be
				activated, the initial recovery fund fee and any supplemental recovery fund fee
				shall be submitted to the Commission along with all other appropriate
				documentation and fees.
Author:
Edward George
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27-8,
				  34-27-31.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.21 - License Transfers

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Mary L. Goodwin
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27-8,
				  34-27-34,
				  34-27-35.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.22 - Optional Errors And Omissions Insurance Coverage

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Alabama Real Estate
				Commission
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27-8;
				  34-27-35.1.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.23 - Errors And Omissions Insurance Coverage For Reciprocal Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Alabama Real Estate
				Commission
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27-8;
				  34-27-35.1.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.24 - Model Home Sales Office

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When a real estate company maintains an
			 office at a residential subdivision or development this office shall not be
			 considered a branch office, and shall not be required to have a branch office
			 license, provided all the following conditions shall be met:
(a) The company shall have a listing
			 agreement covering all first-time sales of all the lots in the subdivision or
			 development; and
(b) Sales
			 activities shall be limited to the first-time sales, and no re-sales shall be
			 permitted from this office; and
(c)
			 Only licensed persons shall be present at the office to show property for sale
			 and to engage in the other activities requiring a real estate license;
			 and
(d) No other business
			 activities of the company shall be conducted at this office. The activities of
			 all persons in the office shall be confined to the business of that one
			 subdivision or development.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.25 - Condominium Sales And Leasing Office

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When a real estate company maintains an
			 on-site office in a condominium building or complex, this office shall not be
			 considered a branch office, and shall not be required to have a branch office
			 license, provided all the following conditions shall be met:
(a) Licensed persons shall be present to show
			 property for sale or rent and to engage in all other activities requiring a
			 real estate license; and
(b)
			 Unlicensed persons may be in the office, and may engage in clerical functions
			 including taking reservations, as long as licensed persons are present to
			 consummate the rental agreements; and
(c) The activities of all licensed and
			 unlicensed persons in the office shall be confined to the business of that one
			 condominium building or complex.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.26 - Renewals During Military Deployment

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to Code of Ala. 1975, §
								31-12A-4, all licensees
				who are current military and are deployed at the time of license renewal may,
				upon providing a copy of their deployment papers, have their license renewal
				deferred and their CE waived for the period of the deployment. After the
				deployment is concluded and prior to December 31st of the following year, said
				licensee must have completed the required portion of the CE, previously waived,
				and complete the previously deferred license renewal in addition to meeting the
				current obligations of holding the real estate license.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-3 - DISCIPLINARY ACTIONS › Section 790-X-3-.01 - Change Of Address

Current through Register Vol. 42, No. 9, June 28, 2024
It shall be a violation for any licensee to change the address
				of his place of business as set out on his numbered license certificate and
				fail to notify the Commission in writing within thirty (30) days after such
				change has been made. Such notification shall include both the old and new
				addresses of the company. To effect a change of business address, the
				qualifying broker must submit written notification to the Commission office
				with a $25.00 transfer fee for the company or branch license and for each
				license issued to that company or branch.
Authors:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8,
				  34-27-32,
				  34-27-35.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-3 - DISCIPLINARY ACTIONS › Section 790-X-3-.02 - Returned Check Fee

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission may charge a fee for a check, draft or other
				negotiable instrument returned to the Commission unpaid up to the maximum
				amount allowed by §
								8-8-15
Code of Ala. 1975
.
Author:
Alabama Real Estate Commissioners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8,
				  34-27-36(a)(16).
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-3 - DISCIPLINARY ACTIONS › Section 790-X-3-.04 - Estimated Closing Statement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The licensee who procures a written offer
			 from a buyer in a single family residential transaction shall prepare and
			 furnish to the buyer a complete estimated closing statement at the time the
			 offer is signed by the purchaser. This statement must contain the licensee's
			 best estimates of all costs the buyer is expected to have at closing and the
			 approximate amounts of those costs. The buyer must acknowledge receipt of the
			 estimated closing statement by signature on the form.
(2) The licensee who presents a written offer
			 to a seller in a single family residential transaction shall prepare and
			 furnish to the seller a complete estimated closing statement at the time the
			 offer is presented to the seller. This statement must contain the licensee's
			 best estimates of all costs the seller is expected to have at closing and the
			 approximate amounts of those costs. The seller must acknowledge receipt of the
			 estimated closing statement by signature on the form.
(3) For purposes of records retention, it is
			 sufficient that each licensee retain in his or her qualifying broker's file the
			 statements required of him or her under this rule. It is not necessary that
			 cooperating brokers maintain both buyer's and seller's statements.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8,
				  34-27-36(a)
				  (22).
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-3 - DISCIPLINARY ACTIONS › Section 790-X-3-.05 - Automatic Extensions

Current through Register Vol. 42, No. 9, June 28, 2024
Listing contracts shall contain no provision for automatic
				extensions.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8,
				  34-27-2.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-3 - DISCIPLINARY ACTIONS › Section 790-X-3-.06 - Probable Cause Determination

Current through Register Vol. 42, No. 9, June 28, 2024
The investigator to whom a particular matter is assigned, in
				consultation with the Attorney General or his representative and the Executive
				Director, shall determine whether probable cause exists regarding that matter
				for filing a formal complaint and/or holding a hearing for the refusal,
				suspension or revocation of a license or the fining or reprimanding of a
				licensee.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8,
				  34-27-36.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-3 - DISCIPLINARY ACTIONS › Section 790-X-3-.07 - Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If a formal
			 complaint is filed against a licensee, the Commission may proceed to hold a
			 hearing on the matter of the complaint at its discretion if the party or
			 parties initiating the complaint and the party or parties against whom the
			 complaint was made reach a settlement and wish the complaint
			 withdrawn.
(2) Any licensee or
			 unlicensed person or unlicensed entity charged with a violation of the Alabama
			 Real Estate License Law has a right to a hearing. The right to a hearing may be
			 waived by the accused. Settlement procedures including a plea of guilty and/or
			 consent to disciplinary action may be utilized by agreement between the accused
			 and the commission.
(3) The
			 complainant(s) or respondent(s) who desire to have witnesses testify in their
			 behalf may request that the Commission issue subpoenas for such witnesses by
			 depositing with the Commission required funds in the form of a cashier's check
			 or certified check, made payable to the Alabama Real Estate
			 Commission.
(4) The per diem and
			 mileage cost of witnesses for interested parties in a complaint hearing shall
			 be twenty dollars ($20.00) per diem. Mileage for subpoenaed witnesses will be
			 the same as that as set from time to time under the requirements of §
								36-7-22,
Code of Ala. 1975
, for persons traveling on official
			 business for the State and as published by the State of Alabama Department of
			 Finance, Office of the State Comptroller.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8,
				  34-27-37.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-3 - DISCIPLINARY ACTIONS › Section 790-X-3-.08 - Offers Made To Licensee (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-3 - DISCIPLINARY ACTIONS › Section 790-X-3-.09 - Office Inspections

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 staff of the Alabama Real Estate Commission is authorized to make an inspection
			 of any licensed real estate company to ensure that such company is in
			 compliance with the Real Estate License Law and the Rules and Regulations of
			 the Commission.
(2) In the event of
			 an office inspection of a real estate company, its qualifying broker shall
			 ensure that the business records required to be kept under state law or by the
			 Rules and Regulations of the Commission are made available to such Commission
			 representatives. These records may include but are not limited to:
(a) real estate licenses issued a company or broker
(b) R.E.C.A.D office policy
(c) files for closed transactions
(d) all pending sales files
(e) all property management contracts, lease
			 agreements and rental records
(f)
			 copies of the past six months bank statements with canceled checks for all
			 escrow or trust accounts
(g) copies
			 of recent bank reconciliation performed on all escrow or trust
			 accounts
(h) checkbook and or
			 electronic records of check registers for all escrow or trust
			 accounts
(i) duplicate deposit
			 tickets with validated bank receipts for all escrow or trust accounts
(j) any lists, ledgers or records documenting
			 the funds held in escrow purposes.
The office will all also be audited for the place of business
				signage under Administrative Code
				790-X-2-.07 and place of business requirements under §
										34-27-2(a)(11).
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-3 - DISCIPLINARY ACTIONS › Section 790-X-3-.10 - Requirement Of A Formal Complaint

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission staff may, in response to
			 a complaint from an outside party or upon its own initiative, develop a Formal
			 Complaint charging a licensee or timeshare seller with any violation of
Code of Ala. 1975,
Chapter 27 of Title 34, or a
			 Commission Rule or Regulation where there is probable cause to believe that
			 such a violation occurred.
(2) A
			 Formal Complaint drawn by the Commission shall include at least the following:
(a) the name(s) of the party (or parties)
			 against whom the complaint is being made;
(b) the legal authority and jurisdiction
			 under which the charge is made;
(c)
			 the type of license(s) held by the accused party (or parties) and the date each
			 license was issued, and/or in the case of a charge of a violation by a
			 timeshare developer or owner, the date the respective timesharing plan was
			 registered;
(d) the particular
			 section(s) of the law and/or the specific rule or order alleged to have been
			 violated; and
(e) a brief
			 description of the act(s) or omission(s) upon which each allegation of
			 violation is made.
Author:
Ronald Forehand
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-3 - DISCIPLINARY ACTIONS › Section 790-X-3-.11 - Hearing Officer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
			 hearings on contested cases before the Alabama Real Estate Commission shall be
			 conducted by a hearing officer appointed by the Commission.
(2) The hearing officer shall have the
			 authority to do all things necessary to ensure that such hearings are conducted
			 in accordance with Alabama law and the Rules and Regulations of the Alabama
			 Real Estate Commission.
Author:
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27-8,
				  34-27-37.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-3 - DISCIPLINARY ACTIONS › Section 790-X-3-.12 - Referral Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Members, Alabama Real Estate
				Commission
Statutory Authority:
Code of Ala.
				  1975,
§
										34-27-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-3 - DISCIPLINARY ACTIONS › Section 790-X-3-.15 - Broker Supervision

Current through Register Vol. 42, No. 9, June 28, 2024
Failure of a qualifying broker to properly supervise his/her
				company or those licensed under him/her shall include, but is not limited to,
				the following:
(1) Failing to maintain
			 an active broker's license with the Commission and thereby compromising the
			 licensing status of those licensed under the qualifying broker.
(2) Allowing a person not licensed by the
			 commission to engage in activities requiring a license on behalf of the
			 qualifying broker or company.
(3)
			 Allowing a licensee to conduct licensed activity for a company under which the
			 licensee is not licensed.
(4)
			 Allowing a person to engage in activities requiring an active real estate
			 license while that person's license is expired, inactive, pending transfer,
			 suspended, or revoked.
(5) Failing
			 to take action to ensure that a licensee complies with any restrictions or
			 conditions placed upon that person's license.
(6) Directing or instructing a licensee to
			 take any action in violation of state, federal, or local laws or regulations
			 while conducting licensed activity.
(7) Failing to take action to prevent a new
			 or existing licensee from violating state, federal, local or license law while
			 conducting licensed activity, if the supervising broker or branch broker has
			 actual knowledge or should reasonably have actual knowledge of the impending
			 violation.
(8) Failing to timely
			 take action to correct or mitigate a violation of license law or regulation
			 after learning of the violation.
(9) Failing to ensure that all contracts and
			 forms used by the licensee are reviewed for accuracy and compliance with
			 applicable statutes, regulations, and office policies.
(10) Failing to ensure that all licensees can
			 maintain reasonable and timely communication with the supervising broker,
			 branch broker, or a competent designee.
(11) Failing to oversee and account for the
			 proper handling of funds or property of others by the company or its
			 licensees.
(12) Failing to ensure
			 that the company's advertisements or its licensee's advertisements conform with
			 license laws and regulations.
(13)
			 Failing to provide an orientation for licensees newly affiliated with the
			 company.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8.1, 34-27-32, 34-27-34, 34-27-36.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-4 - TIMESHARING REGISTRATION AND LICENSURE › Section 790-X-4-.01 - Registration Of A Timesharing Plan

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each timesharing plan offered for sale in
			 Alabama shall be registered separately. If a given timesharing project or
			 development shall offer more than one plan, then each plan shall be required to
			 meet all the conditions of registration and a registration fee shall be paid
			 for each timesharing plan registered.
(2) The registration fee for a timesharing
			 plan registration shall be paid by certified or cashier's check or money
			 order.
(3) The Executive Director
			 of the Alabama Real Estate Commission shall have the authority to issue orders
			 registering or rejecting the registration of timesharing plans. Further, the
			 Executive Director shall have the authority to impose such reasonable
			 conditions upon the timesharing plan within the registration order as will
			 serve to carry out the purposes of Act 83-670 of the Alabama Legislature and of
			 the Rules and Regulations of the Alabama Real Estate Commission.
(4) The Commission shall have the authority
			 to withdraw the registration of a timesharing plan should it be proven to the
			 satisfaction of the Commission that the registrant submitted false or erroneous
			 information as part of its registration documentation or that the registrant
			 did not fulfill reasonable conditions imposed upon it through its registration
			 order. In the event the Commission has probable cause to believe that the
			 registrant submitted such false or erroneous information or has failed to carry
			 out the conditions of a registration order, the Commission shall issue a formal
			 complaint on the matter and conduct a hearing on the matter.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-50,
et
seq
.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-4 - TIMESHARING REGISTRATION AND LICENSURE › Section 790-X-4-.02 - Qualifying Broker Responsible For License Certificates And Verification Of Bond

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 qualifying broker of a registered timesharing plan shall be responsible for the
			 care and display of the timeshare seller's license certificates issued to him
			 and to any licensee for whom he serves as the qualifying broker. These
			 certificates shall all be displayed in the main sales office of the respective
			 timeshare plan and shall be open to inspection by any person. Provided,
			 however, that for each branch office, the qualifying broker of that branch
			 office shall be responsible for the care and display of all licenses assigned
			 to that branch office, and all such branch office license certificates shall be
			 displayed at the branch office. Further, the respective qualifying broker shall
			 be responsible for the return to the Real Estate Commission of any license of
			 which a transfer is being sought.
(2) Any qualifying broker accepting
			 responsibility for a given licensee shall be responsible for verifying that
			 such licensee has a current bond which meets the requirements of the Alabama
			 Vacation Timesharing Sales Law.
Author:
Edward M. George
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-62,
				  34-27-66,
				  34-27-69.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-4 - TIMESHARING REGISTRATION AND LICENSURE › Section 790-X-4-.03 - Use Of Gifts, Prizes, Etc

Current through Register Vol. 42, No. 9, June 28, 2024
Any timeshare seller desiring to use any gift, prize, award,
				discount, etc., as a promotional device in soliciting the sale or lease or
				rental of timeshares shall, prior to the use of each such device, submit
				evidence satisfactory to the Real Estate Commission that the retail value of
				each such item and the approximate odds of each item being awarded or given are
				accurately represented in all advertising thereof. Further, satisfactory
				evidence shall be submitted to the Commission that any such item will be
				readily available to be given, awarded, etc., to any valid claimant. No such
				promotional device may be used until its use has been approved by the
				Commission.
Author:
Edward M. George
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-60,
				  34-27-62.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-4 - TIMESHARING REGISTRATION AND LICENSURE › Section 790-X-4-.04 - Office And Records Inspection

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The staff of the Alabama Real Estate
			 Commission is authorized to make an inspection during any business day of any
			 registered timesharing plan or branch office thereof, its facility and
			 accommodations, and its business records to ensure that such plan is operating
			 in compliance with the Alabama Vacation Timesharing Law, the Rules and
			 Regulations of the Commission, and any Commission order.
(2) In the event of such an inspection, the
			 qualifying broker, or the developer in the event there is no qualifying broker,
			 of the timesharing plan shall ensure that the business records referred to in
			 paragraph (1) above are made available to such Commission
			 representative(s).
(3) The
			 Commission representative(s), at the Commission's expense, may make photocopies
			 of records which the timeshare plan is required by law, rule, or order to
			 maintain.
Author:
Edward M. George
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-52,
				  34-27-55,
				  34-27-58,
				  34-27-62.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-4 - TIMESHARING REGISTRATION AND LICENSURE › Section 790-X-4-.05 - Public Offering Statement Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Effective October 1, 1985, it shall be
			 required that any person selling or attempting to sell a timeshare interval in
			 any timeshare plan located or registered in Alabama provide the prospective
			 buyer with a public offering statement prior to the buyer's signing any sale
			 documents or committing himself in any manner to purchase a timeshare interval.
			 The public offering statement shall contain at least the following:
(a) A cover page stating:
1. The name and address of the timeshare
			 project;
2. The name and address of
			 the developer of the project;
3.
			 The following in conspicuous type:
"THIS PUBLIC OFFERING STATEMENT CONTAINS IMPORTANT INFORMATION
				WHICH SHOULD BE CONSIDERED PRIOR TO ACQUIRING A TIMESHARE INTERVAL."
"THE STATEMENTS CONTAINED HEREIN ARE SUMMARY IN NATURE. A
				PROSPECTIVE PURCHASER SHOULD REFER TO ALL DOCUMENTS AND OTHER ITEMS REFERENCED
				IN THIS PUBLIC OFFERING STATEMENT FOR MORE DETAILED INFORMATION."
"ORAL REPRESENTATIONS SHOULD NOT BE RELIED ON AS CORRECT
				STATEMENTS. REFER TO THIS DOCUMENT FOR CORRECT REPRESENTATIONS."
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-5 - ENFORCEMENT OF AND COMPLIANCE WITH TIMESHARING SALES ACT › Section 790-X-5-.01 - Qualifying Broker And Developer Responsible For Accounting Of All Funds

Current through Register Vol. 42, No. 9, June 28, 2024
The qualifying broker and the developer of a registered
				timesharing plan shall be mutually responsible for the carrying out of the
				following functions:
(a) The deposit
			 and accounting of all monies coming into their possession or that of any agent
			 of either of them, where such monies are received regarding the lease, sale,
			 transfer, occupancy or development of the timesharing plan or
			 facility;
(b) The deposit into an
			 appropriate escrow account of all monies required under Alabama law to be so
			 deposited; and
(c) The refund of
			 purchase money or other money to any and all persons entitled to such refund
			 within the time period designated by Alabama law. If no time period is
			 designated by law, then any such refund will be made within ten (10) days after
			 the date on which the qualifying broker or developer receives notice that such
			 refund is entitled.
(d) Further,
			 the qualifying broker for any branch office of the timesharing plan shall also
			 be responsible for the above listed functions regarding the activities of his
			 respective branch office.
Author:
Edward M. George
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-53,
				  34-27-54,
				  34-27-55,
				  34-27-58,
				  34-27-62.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-5 - ENFORCEMENT OF AND COMPLIANCE WITH TIMESHARING SALES ACT › Section 790-X-5-.02 - Executive Director May Issue Cease And Desist Order

Current through Register Vol. 42, No. 9, June 28, 2024
The Executive Director of the Alabama Real Estate Commission
				shall have the authority to issue, in the name of the Commission, a temporary
				cease and desist order in any matter subject to a cease and desist order under
				the provisions of
Code of Ala. 1975
, §
								34-27-68(6).
Form 1 al1932
Form 2 al1933
Form 3 al1934
Application for Real Estate Salesperson's Temporary
				License
Form 4 al1939
Form 5 al1940
Course Information Form for Approved Real Estate Courses
Form 6 al1941
Form 7 al1942
Roster for Reporting Course Enrollment
Form 8 al1943
Form 9 al1944
Application for Real Estate Instructor
Form 10 al1945
Form 11 al1946
Application for Continuing Education Instructor
				Approval
Form 12 al1947
Form 13 al1948
45-hour Prelicense Course Certificate of
				Completion
Form 14 al1949
Form 15 al1950
15-hour Broker Prelicense Course
Form 16 al1951
Form 17 al1952
30-Hour Post License Course Certificate of
				Completion
Form 18 al1953
Continuing Education Course Certificate of
				Completion
Form 19 al1954
Author:
Edward M. George
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-62,
				  34-27-68.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.01 - Purpose And Mission Statement

Current through Register Vol. 42, No. 9, June 28, 2024
The Alabama Department of Rehabilitation Services provides a
				continuum of services from birth to old age for Alabamians with disabilities.
				Its mission is to enable Alabamians with disabilities to achieve their maximum
				potential. The Department was created by the Alabama Legislature "to provide
				rehabilitation services, to the extent needed and feasible within resources
				available, to eligible children and adults with disabilities throughout the
				state, so that they may engage in meaningful education and employment
				opportunities and live independently to the extent of their capabilities,
				thereby increasing their social and economic well-being and that of their
				families, and the productive capacity of this state and nation, also thereby
				reducing the burden of dependency on families and taxpayers."
Code
				of Ala. 1975
, §
								21-9-1 (Acts 1994, 1st Sess., No. 94-824, §1).
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.02 - Policy Against Discrimination

Current through Register Vol. 42, No. 9, June 28, 2024
It is the policy of the Board of Rehabilitation Services and
				the Department of Rehabilitation Services that no person shall ever be excluded
				from participation in, denied the benefits of, or subjected to discrimination
				under any program, activity, employment, or service administered by the
				department, on the basis of race, color, creed, religion, national origin, sex,
				disability, or age.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.03 - Definition Of Terms

Current through Register Vol. 42, No. 9, June 28, 2024
To the extent not otherwise defined within these rules and
				regulations or otherwise by law, the follow definitions shall apply:
(a) Board. The Alabama Board of
			 Rehabilitation Services.
(b)
			 Commissioner. The Commissioner of the Department of Rehabilitation
			 Services.
(c) Department. The
			 Alabama Department of Rehabilitation Services.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-2.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.05 - Appointment And Composition Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
The Board of Rehabilitation Services is composed of seven
				members, appointed from each the United States Congressional Districts by the
				Governor and confirmed by the Senate, whose makeup reflects the diversity of
				the population of the State of Alabama Three of its members are individuals
				with a disability selected from consumer disability organizations; one member
				is a parent of a child with a disability; and three members are selected from
				organizations of business and industry within the state. Members serve
				staggered seven-year terms and continue to serve upon the expiration of their
				term until appointment of their successor by the Governor and confirmation by
				the State Senate or 60 days after the expiration of their term, whichever
				occurs first, provided that no member may serve as a member of the Board for
				more than two consecutive seven-year terms, and provided further that no board
				member shall be an employee or elected official of the State of Alabama or a
				political subdivision thereof.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-4 and
				  21-9-5.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.07 - Requests For Information

Current through Register Vol. 42, No. 9, June 28, 2024
The Commissioner is designated agent for the Board for service
				of legal process upon the Board and its members in their official capacities.
				All correspondence to the Board, including requests for information and all
				submissions and other requests should be made to the Commissioner at the
				Board's headquarters in Montgomery, Alabama.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-8 through
				  21-9-11.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.08 - Election Of Officers, Quorum, And Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Election. The Board shall elect a chair
			 and vice-chair each of whom shall serve for two-year terms.
(2) Quorum. Four members of the Board shall
			 constitute a quorum. The elected chair or the chair's designee shall preside at
			 all meetings of the Board. In the absence of the chair, the vice-chair shall
			 preside.
(3) Secretary. The
			 Commissioner of the Department shall serve as secretary to the Board.
(4) Compensation and expenses. Board members
			 are compensated on a per diem basis, not to exceed the current per diem allowed
			 for state employees, for days actually spent in performance of their duties.
			 Additionally, members the Board shall be reimbursed for travel and all actual
			 expenses incurred in performance of their duties as provided in §
								21-9-7 and
			 36-7-20,
Code of Ala. 1975
.
(5) Meetings. Regular meetings of the Board
			 shall be held at a time and on a date set by the Board. The Board shall hold at
			 least one regular meeting each calendar quarter to conduct its business. Such
			 meetings shall be open to the public and shall be for the purpose of
			 transacting those items of business which may be required.
(6) Special Meetings. Special meetings may be
			 called as necessary by the Commissioner, the chair, or at the request of any
			 four members of the Board to the Commissioner or the chair, and may be held at
			 any place agreed upon by a quorum of the Board. Each member of the Board shall
			 be given at least ten days' notice of the time, place, and purpose of any
			 special meeting by the chair or Commissioner, unless such notice is waived by
			 the individual member or unless such member is present at the called meeting.
			 Unless approved by a two-thirds majority of the Board present, items which have
			 not been placed on the agenda in advance of the meeting as required by this
			 rule shall not be considered by the Board.
(7) Voting. All members of the Board,
			 including the chair, are entitled to vote and to make or second motions. A
			 majority of those members of the Board present and voting on any matter shall
			 decide the matter before the Board, except on procedural and evidentiary
			 matters provided for elsewhere in these rules, or as otherwise provided by
			 law.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-5 through
				  21-9-8,
				  36-7-20.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.09 - Agenda, Order Of Business, And Rules Of Order

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The agenda for any regular meeting of the
			 Board shall be prepared by the Commissioner in consultation with the chair of
			 the board. Requests for an item to be placed on the agenda including
			 resolutions shall be filed together with a copy of any proposed resolution or
			 other pertinent information with the secretary to the Board at least fourteen
			 (14) calendar days prior to the scheduled meeting. Unless approved by a two-
			 thirds majority of the Board present, items which have not been placed on the
			 agenda in advance of the meeting as required by this rule shall not be
			 considered by the Board.
(2) The
			 order of business for a meeting shall be as follows unless otherwise amended by
			 the Board:
(a) Call to order.
(b) Verification by the secretary that a
			 quorum of members is present
(c)
			 Approval of the minutes of last meeting.
(d) Approval of the agenda.
(e) Commendations and awards.
(f) Presentations and delegations.
(g) Public Hearings pursuant to the
			 Administrative Procedures Act.
(h)
			 Commissioner's reports
(i)
			 Unfinished business.
(j) New
			 business.
(k) Announce date, time
			 and place of next regular meeting.
(l) Adjournment.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.10 - Use Of Forms

Current through Register Vol. 42, No. 9, June 28, 2024
All applications and requests for which the Board has
				prescribed a form must be made on the prescribed form. Copies of forms in use
				and instructions for their completion are available from the
				Commissioner.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-9,
				  41-22-4.