North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 58 - REAL ESTATE COMMISSION › Subchapter A - REAL ESTATE BROKERS › Section .0500 - LICENSING › Section 58A .0504 - ACTIVE AND INACTIVE LICENSE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except for
				  licenses that have expired or that have been revoked, suspended or surrendered,
				  all licenses issued by the Commission shall be designated as being either on
				  active status or inactive status. Subject to compliance with Rule .0110 of this
				  Subchapter, the holder of a license on active status may engage in any activity
				  requiring a real estate license and may be compensated for the provision of any
				  lawful real estate brokerage service. The holder of a license on inactive
				  status shall not engage in any activity requiring a real estate license,
				  including the referral for compensation of a prospective seller, buyer,
				  landlord or tenant to another real estate broker or any other party. A broker
				  holding a license on inactive status must renew the license and pay the
				  prescribed license renewal fee in order to continue to hold the license. The
				  Commission may take disciplinary action against a broker holding a license on
				  inactive status for any violation of G.S. 93A or any rule adopted by the
				  Commission, including the offense of engaging in an activity for which a
				  license is required.
(b) A license
				  issued to a provisional broker shall, upon initial licensure, be assigned to
				  inactive status. A license issued to a firm or a broker other than a
				  provisional broker shall be assigned to active status. Except for persons
				  licensed under the provisions of Section .1800 of this Subchapter, a broker may
				  change the status of his or her license from active to inactive status by
				  submitting a written request to the Commission. A provisional broker's license
				  shall be assigned by the Commission to inactive status when the provisional
				  broker is not under the active, direct supervision of a broker-in-charge. A
				  firm's license shall be assigned by the Commission to inactive status when the
				  firm does not have a qualifying broker with an active license. Except for
				  persons licensed under the provisions of Section .1800 of this Subchapter, a
				  broker shall also be assigned to inactive status if, upon the second renewal of
				  his or her license following initial licensure, or upon any subsequent renewal,
				  he or she has not satisfied the continuing education requirement described in
				  Rule .1702 of this Subchapter.
(c)
				  A provisional broker with an inactive license who desires to have the license
				  placed on active status must comply with the procedures prescribed in Rule
				  .0506 of this Section.
(d) A
				  broker, other than a provisional broker, with an inactive license who desires
				  to have the license placed on active status shall file with the Commission a
				  request for license activation on a form provided by the Commission containing
				  identifying information about the broker, a statement that the broker has
				  satisfied the continuing education requirements prescribed by Rule .1703 of
				  this Subchapter, the name and address of any broker-in-charge, the date of the
				  request, and the signature of the broker. Upon the mailing or delivery of this
				  form, the broker's status will be considered to be active. If the broker is
				  eligible for license activation, the Commission shall send a written
				  acknowledgement of the license activation to the broker and his or her
				  affiliated broker-in-charge, if any. If neither the broker nor his or her
				  affiliated broker-in-charge receive from the Commission a written
				  acknowledgment of the license activation within 30 days of the date shown on
				  the form, the broker shall immediately terminate his or her real estate
				  brokerage activities pending receipt of the written acknowledgment from the
				  Commission. If either the broker or his or her affiliated broker-in-charge, if
				  any, is notified that he or she is not eligible for license activation due to a
				  continuing education deficiency, the broker shall terminate all real estate
				  brokerage activities until such time as the continuing education deficiency is
				  satisfied and a new request for license activation is submitted to the
				  Commission.
(e) Upon an active,
				  non-provisional broker's affiliation with a firm and broker-in-charge, the
				  broker-in-charge of the office where the broker will be engaged in the real
				  estate business shall notify the Commission of the affiliation on a form
				  provided by the Commission containing identifying information about the
				  affiliating broker and the broker-in-charge, and the signature of the
				  broker-in-charge. If neither the broker nor the broker-in-charge receive from
				  the Commission a written acknowledgment of the license affiliation within 30
				  days of the date shown on the form, the broker and his or her broker-in-charge
				  shall cease representing the broker as being affiliated with such
				  broker-in-charge pending receipt of the written acknowledgment from the
				  Commission.
(f) A firm with an
				  inactive license which desires to have its license placed on active status
				  shall file with the Commission a request for license activation containing
				  identifying information about the firm and its qualifying broker and satisfy
				  the requirements of Rule .0110 of this Subchapter. If the qualifying broker has
				  an inactive license, he or she must satisfy the requirements of Paragraph (d)
				  of this Rule. Upon the mailing or delivery of the completed form by the
				  qualifying broker, the firm may engage in real estate brokerage activities
				  requiring a license; however, if the firm's qualifying broker does not receive
				  from the Commission a written acknowledgment of the license activation within
				  30 days of the date shown on the form, the firm shall immediately terminate its
				  real estate brokerage activities pending receipt of the written acknowledgment
				  from the Commission. If the qualifying broker is notified that the firm is not
				  eligible for license activation due to a continuing education deficiency on the
				  part of the qualifying broker, the firm must terminate all real estate
				  brokerage activities until such time as the continuing education deficiency is
				  satisfied and a new request for license activation is submitted to the
				  Commission.
(g) A person licensed
				  as a broker under Section .1800 of this Subchapter shall maintain his or her
				  license on active status at all times as required by Rule .1804 of this
				  Subchapter.
Authority
					 G.S.
					 93A-3(c);
					 93A-4(d);
					 93A-4.1;
					 93A-6;
					 93A-9;
Eff. February
					 1, 1976;
Readopted Eff. September 30, 1977;
Amended
					 Eff. April 1, 2013; February 1, 2012; January 1, 2012; July 1, 2009; April 1,
					 2006; July 1, 2005; July 1, 2004; October 1, 2000; April 1, 1997; July 1, 1996;
					 July 1, 1995; July 1, 1994; February 1, 1989; December 1, 1985;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.