reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-01 - General Administration › Chapter 70-01-01 - Organization of Commission › Section 70-01-01-01 - Organization of real estate commission

Current through Supplement No. 393, July, 2024
1.
History and functions.
The 1957 legislative assembly passed a real
				estate licensing law, codified as North Dakota Century Code chapter 43-23. This
				chapter requires the governor to appoint a state real estate commission. It is
				the responsibility of the commission to administer the real estate license law
				regarding brokers and salespersons and to regulate the sale of out-of-state
				subdivided lands offered for sale to residents of North Dakota. In addition,
				the commission is required to administer a real estate education, research, and
				recovery fund whereby aggrieved persons may make application for the payment of
				unsatisfied judgments.
2.
Commission membership.
The commission consists of five members,
				three of whom are active real estate brokers, appointed by the governor.
				Members of the commission are appointed for a term of five years, staggered so
				the term of one member expires each year. At the expiration of the term of any
				member of the commission, the governor appoints a successor for a term of five
				years.
3.
Executive
				director.
The executive director of the commission is employed by the
				commission and is responsible for administration of the commission's
				activities.
4.
Inquiries.
Inquiries regarding the commission may be addressed to
				the executive director.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
					 43-23-03
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-01 - General Administration › Chapter 70-01-02 - Rules for Pleading and Practice › Section 70-01-02-01 - Place of hearing

Current through Supplement No. 393, July, 2024
All hearings shall be held at a location designated by the
				  commission in its notice of hearing.
General Authority: NDCC
					 43-23-11.1(3)
Law Implemented: NDCC
					 43-23-11.1(3)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-01 - General Administration › Chapter 70-01-02 - Rules for Pleading and Practice › Section 70-01-02-02 - Public hearing

Current through Supplement No. 393, July, 2024
All hearings conducted by the commission, or its duly
				  authorized employees, shall be open to the public, unless otherwise ordered by
				  the presiding officer at the hearing, or specifically provided by statute.
General Authority:
NDCC
				  43-23-11.1(3)
Law Implemented:
NDCC
				  44-04-19
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-01 - General Administration › Chapter 70-01-02 - Rules for Pleading and Practice › Section 70-01-02-03 - Rules of procedure

Current through Supplement No. 393, July, 2024
The rules of procedure of the real estate commission shall be
				  those adopted by the commission, together with those procedures outlined in
				  North Dakota Century Code chapter 28-32.
General Authority:
NDCC
				  43-23-11.1(3)
Law Implemented:
NDCC 28-32,
				  43-23-11.1(3)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-01 - General Administration › Chapter 70-01-02 - Rules for Pleading and Practice › Section 70-01-02-04 - Pleading

Current through Supplement No. 393, July, 2024
The form of pleading before the real estate commission shall
				  be the same as that employed in the district courts of North Dakota. The
				  caption of such pleadings should include: "BEFORE THE NORTH DAKOTA REAL ESTATE
				  COMMISSION".
General Authority:
NDCC
				  43-23-11.1(3)
Law Implemented:
NDCC
				  43-23-11.1(3)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-01 - General Administration › Chapter 70-01-02 - Rules for Pleading and Practice › Section 70-01-02-05 - Conduct of hearing

Current through Supplement No. 393, July, 2024
The hearing shall be conducted and presided over by a member
				  of the commission or such subordinate as may be designated to hear the matter
				  by the chair of the commission.
General Authority:
NDCC 28-32-02,
					 43-23-11.1(3)
Law Implemented:
NDCC
					 43-23-11.1(3)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-01 - General Administration › Chapter 70-01-02 - Rules for Pleading and Practice › Section 70-01-02-06 - Prehearing conference

Current through Supplement No. 393, July, 2024
In any matter pending before it, the commission may direct
				  any party, or attorney for any party, to appear before the commission for the
				  purpose of considering simplification of the issues, amendments to the
				  pleadings, obtaining admission of facts or documents which will avoid
				  unnecessary proof, and such other matters as may aid in the disposition of the
				  matter. Such orders may be made, as may be necessary, to show the action taken
				  at such prehearing conference.
General Authority:
NDCC
				  43-23-11.1(3)
Law Implemented:
NDCC
				  43-23-11.1(3)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-01 - General Administration › Chapter 70-01-02 - Rules for Pleading and Practice › Section 70-01-02-07 - Depositions

Current through Supplement No. 393, July, 2024
The commission or any party may in an investigation of
				  hearing cause the deposition of witnesses or parties residing within or without
				  the state to be taken in the manner prescribed by law.
General Authority:
NDCC
				  43-23-11.1(3)
Law Implemented:
NDCC
				  43-23-11.1(3)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-01 - General Administration › Chapter 70-01-02 - Rules for Pleading and Practice › Section 70-01-02-08 - Hearings

Current through Supplement No. 393, July, 2024
1. Proceedings
				going to the revocation or suspension of licenses may be initiated by a
				verified complaint of an individual or an individual's representative.
				Proceedings requesting the promulgation, amendment, or repeal of any rules of
				the commission may be initiated on a verified petition by an individual, or an
				individual's representative.
2. The
				commission may in its discretion initiate proceedings to discipline a licensee
				whenever an investigation by the commission or its employees discloses probable
				grounds therefore. No hearings shall be initiated until a motion duly
				authorizing the hearing has been recommended by the commission.
General Authority:
NDCC 28-32-02,
					 43-23-11.1(3)
Law Implemented:
NDCC
					 43-23-11.1(3)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-01 - General Administration › Chapter 70-01-02 - Rules for Pleading and Practice › Section 70-01-02-09 - Service of process

Current through Supplement No. 393, July, 2024
Complaints, notices, orders or other processes of the
				  commission shall be served personally, or by registered or certified mail, as
				  the real estate commission may direct. Time for answering, or time required on
				  other motions, shall be as prescribed by the commission by rule, or in the
				  absence of such rule, as prescribed by the district courts of North Dakota.
General Authority: NDCC
					 28-32-02,
					 43-23-11.1(3)
Law Implemented: NDCC
					 43-23-11.1(2)(3)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-01 - General Administration › Chapter 70-01-02 - Rules for Pleading and Practice › Section 70-01-02-10 - Rehearings and appeals

Current through Supplement No. 393, July, 2024
The procedure for rehearing and appeals shall be that
				  prescribed in North Dakota Century Code chapter 28-32.
General Authority:
NDCC
				  43-23-11.1(3)
Law Implemented:
NDCC
				  28-32-14,
				  28-32-15
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-01 - Application and purpose of title

Current through Supplement No. 393, July, 2024
1. This title
				applies in all proceedings and hearings had before the commission in matters
				within its jurisdiction, except in cases where the statute involved provides a
				procedure inconsistent with this title, and in such case the statute shall
				govern to the extent of such inconsistency.
2. It is the purpose of this commission,
				acting under the provisions of the law creating it, to safeguard the public
				interest in real estate transactions, to regulate the licensing of real estate
				brokers and salespersons, to encourage and require the maintenance of high
				standards of ethics and practices by all real estate licensees doing business
				in North Dakota.
General Authority:
NDCC 28-32-02,
					 43-23-11.1(3)
Law Implemented:
NDCC
					 43-23-02
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-02 - Application for license

Current through Supplement No. 393, July, 2024
1. No application
				for either a broker's or salesperson's license will be accepted from a person
				under the age of eighteen years.
2.
				All applications must be filed with the commission before an examination,
				complete in every detail with every question answered and correct fees
				submitted.
3. It shall be incumbent
				upon the applicant for a real estate broker's license to submit the applicant's
				proofs of qualification pursuant to subsection 3 of North Dakota Century Code
				section 43-23-08. Broker applicants wishing to qualify under the two-year
				experience requirement shall be required to submit to the commission a letter
				from said applicant's broker or brokers that the applicant has been actively
				engaged in the real estate business as a salesperson for at least two years.
"Actively engaged" means that the applicant must have devoted
				  the applicant's full time as a licensed real estate salesperson. The foregoing
				  shall be certified by a licensed real estate broker.
4. Each application for license shall be made
				on application forms provided by the real estate commission.
5. After an application is filed, no refund
				of application fee will be made to any applicant.
6. The commission may deny any application
				for license when one or more of the following conditions are present:
a. The application contains any false
				statement.
b. An investigation
				fails to show affirmatively that the applicant possesses in every instance the
				necessary qualifications.
c. The
				applicant has acted or attempted to act in violation of North Dakota Century
				Code chapter 43-23 or this title.
d. The applicant has had a real estate
				license suspended or revoked in North Dakota or another state.
e. The applicant has issued one or more
				checks or drafts which have been dishonored by a payor bank because:
(1) No account exists;
(2) The account was closed; or
(3) The account did not contain sufficient
				funds to pay the check or draft in full upon its presentment.
f. The applicant's credit history
				shows the existence of unpaid and overdue judgments, liens, or other debt
				obligations which, for the protection of the public, requires that the
				application be denied.
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-03 - Examinations

Current through Supplement No. 393, July, 2024
1. An applicant
				will not be permitted to take the examination until and unless the applicant
				has been authorized in writing to take the examination.
2. If an applicant should fail to take the
				examination within four months after notification by the commission that the
				applicant is qualified to take the examination, an applicant must submit a new
				application together with fees.
3.
				During the examination the use or possession of any unfair methods or notes,
				the giving or receiving of aid of any kind, or the failure to obey instructions
				will result in a denial of the application and license.
4. If the salesperson applicant passes one
				portion of the examination, national or state, the salesperson applicant shall
				not be required to repeat that portion of the examination if that applicant
				passes the remaining portion within twelve months from the date of the first
				examination. An applicant must submit a new application with fees if the
				examination has not been passed within the same twelve-month period.
5. A broker applicant must pass the broker
				examination within twelve months from the date of the first examination. An
				applicant must submit a new application in complete detail together with the
				statutory fees if the examination has not been passed within the same
				twelve-month period.
6. A
				prelicensure course is valid for two years from the date the applicant
				completed the course, as indicated on the certificate of completion or other
				official documentation provided by the school.
General Authority:
NDCC 28-32-02, 43-23-08,
					 43-23-11.1(3)
Law Implemented:
NDCC
					 43-23-13(4)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-04 - Renewal of license

Current through Supplement No. 393, July, 2024
All licenses expire on December thirty-first of each year.
				  Persons desiring to continue in business must make proper application for
				  renewal on or before November fifteenth of each year in order for the
				  respective license to be renewed on a timely basis for the following license
				  period. Failing to do this subjects such persons to loss of the right to charge
				  a commission and also prosecution for doing business without a license after
				  December thirty-first. Any person whose license has been canceled for failure
				  to renew the person's license when due must submit a new application with the
				  fees and pass the examinations to be licensed again. No license renewal fees
				  are refunded after the beginning of the new license year if a licensee cancels
				  their license or is deceased.
General Authority:
NDCC 43-23-08, 43-23-08.2,
					 43-23-11.1(3)
Law Implemented:
NDCC
					 43-23-13(4)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-05 - Inactive licenses

Current through Supplement No. 393, July, 2024
1. A qualified
				licensed salesperson desiring to place the salesperson's license on an inactive
				status may do so by a request from the salesperson in a format prescribed by
				the commission that the salesperson's license be placed on an inactive status.
				The salesperson may keep the salesperson's license on an inactive status for an
				indefinite period. The salesperson placing the salesperson's license on
				inactive status shall pay the required fee for renewing such salesperson's
				license each year. A salesperson whose license is in an inactive status shall
				not engage in any manner in any of the activities described under North Dakota
				Century Code chapters 43-23 and 43-23.1, until the salesperson shall first
				request that the salesperson's license be reactivated by the commission. During
				the time that a salesperson's license is on an inactive status educational
				requirements do not need to be met. However, if any applicable education
				requirements are unsatisfied, proof of fulfillment must be submitted before the
				license can be reissued on an active status.
2. A qualified licensed broker who desires to
				place the broker's license on an inactive status may do so in a format
				prescribed by the commission that requests the license be placed on an inactive
				status. The broker may keep the broker's license on an inactive status for an
				indefinite period. The broker placing the broker's license on inactive status
				shall pay the required fee for renewing such broker's license each year. During
				the time that a broker's license is on an inactive status educational
				requirements do not need to be met. However, if any applicable education
				requirements are unsatisfied, proof of fulfillment must be submitted before the
				license can be reissued on an active status.
3. While a license is on inactive status it
				is not necessary, in the case of a broker, to maintain an active trust account.
				While a license is on inactive status, in the case of a designated broker, the
				firm license is automatically canceled unless another broker is the designated
				broker. A firm license that is canceled may be activated only by submitting a
				firm license application with all fees.
4. To reactivate an inactive license, a
				licensee must meet the continuing education hours as required by section
				70-02-04-02 for
				each continuing education period the licensee's license was inactive, not to
				exceed the number of hours required for the three continuing education periods
				prior to reactivation. The requirements of section
				70-02-04-02 must
				have been fulfilled within the three years immediately preceding the return to
				active status.
General Authority:
NDCC 28-32-02,
					 43-23-08(6)
Law Implemented:
NDCC 43-23-08,
					 43-23-08.2
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-06 - Nonresident brokers and salespersons

Current through Supplement No. 393, July, 2024
1. Any person who
				becomes an applicant for a nonresident license shall become subject to the same
				rules required of an applicant whose residence is in North Dakota. A designated
				broker shall obtain a nonresident license before an associate broker or
				salesperson licensed under the designated broker can be issued a nonresident
				license.
2. An applicant for
				nonresident broker's or salesperson's license shall hold a currently valid
				broker's or salesperson's license in the state of the applicant's principal
				place of business and that state shall certify that the applicant is in good
				standing and no complaints are pending.
3. A nonresident broker must maintain an
				active place of business as a real estate broker in the state of the broker's
				principal place of business. The nonresident broker shall furnish proof of
				maintaining an active place of business by submitting information deemed
				necessary by the commission. A North Dakota firm license shall be obtained if
				the company is a partnership, corporation, limited liability company, or
				association.
4. North Dakota will
				not recognize the licensee from another state for a reciprocal license unless
				an agreement granting reciprocal privileges to North Dakota licensees has been
				made by the commission with the proper regulatory authorities of that state.
				The agreement shall set out the terms and the regulations to be
				followed.
5. An applicant currently
				licensed in a nonreciprocal state who has successfully passed the real estate
				licensing examination given in another state need only take the state portion
				of the examination in North Dakota. Prelicensure course is not required if the
				applicant is already licensed in another nonreciprocal state.
General Authority:
NDCC 28-32-02,
					 43-23-08(6)
Law Implemented:
NDCC
					 43-23-10
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-07 - Licensee's duties upon release of license due to cancellation, transfer, suspension, or revocation

Current through Supplement No. 393, July, 2024
Upon release of license or upon notice of suspension,
				  revocation, or cancellation of the license, the designated broker shall destroy
				  the license and remove the licensee's name and licensee's number from the
				  broker's website. If the license is that of a broker, the broker shall also
				  release all licensees associated with the broker. No refund will be made upon
				  any license when released.
General Authority:
NDCC 28-32-02, 43-23-08,
					 43-23-11.1(3)
Law Implemented:
NDCC
					 43-23-11.1
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-08 - Salesperson and broker associate transfer or release

Current through Supplement No. 393, July, 2024
When for any reason a licensee severs connection with the
				  licensee's designated broker and desires to transfer to another broker,
				  thelicensee must complete a transfer and release form provided by the
				  commission, to be executed by the licensee, the licensee's current broker, and
				  the licensee's new broker. Should the licensee's current broker not be
				  agreeable to the transfer or release, the current broker then shall have the
				  right to state the broker's reasons for refusal. Unless there is sufficient
				  justification, the license will be transferred pending the receipt of the
				  transfer form and fee.
General Authority:
NDCC 28-32-02, 43-23-08,
					 43-23-11.1(3)
Law Implemented:
NDCC 43-23-12(2),
					 43-23-13(6), 43-23-13(7)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-09 - Broker associates

Current through Supplement No. 393, July, 2024
A real estate broker who does not thave an office under the
				  broker's own name, but is affiliated with another licensed broker and performs
				  service similar to that of a salesperson, must not at any time act
				  independently as a broker, and shall not perform any real estate service
				  without full consent and knowledge of the broker's supervising broker. The
				  designated broker shall at all times be responsible for the action of the
				  affiliated broker associate to the same extent as though the affiliated broker
				  were an affiliated salesperson.
General Authority:
NDCC 43-23-11.1(3)
Law Implemented:
NDCC
					 43-23-06.1(5)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-10 - Salesperson

Current through Supplement No. 393, July, 2024
A salesperson shall not commence work until the salesperson's
				  broker receives notification of licensure from the commission. Any licensee
				  leaving a broker shall not take nor use any agreements secured through the
				  office or through licensees of the former broker unless specifically authorized
				  by the former broker. All materials and records that belong to the former
				  broker shall be returned to the former broker.
General Authority:
NDCC 28-32-02, 43-23-08,
					 43-23-11.1(3)
Law Implemented:
NDCC
					 43-23-12(2)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-11 - Branch office

Current through Supplement No. 393, July, 2024
1.
Definition.
If a broker maintains more than one office, then one
				office shall be designated as the main office and each additional office shall
				constitute a branch office. If a real estate broker maintains a regular office,
				the broker's home shall not be considered a branch office.
2.
Applications.
The broker
				desiring to open a branch office shall file with the commission an application
				for a branch office license on forms provided by the commission.
3.
Supervision.
The applicant
				broker must designate the applicant broker or another licensee to act as branch
				office manager to aid the broker in actively managing each branch office and to
				aid the broker in supervising the licensees working from such branch office.
				The designated licensee shall be responsible for all activities of that branch
				office. The applicant broker may designate the applicant broker to act as
				manager for all branch offices.
4.
Notification to commission of change.
It shall be the
				responsibility of the applicant broker to notify the commission in writing of
				any change of address of a branch office or change of supervisor of the branch
				office, within five days after the change.
5.
Notification to commission.
The applicant broker shall at all times notify the commission of the location
				and address of each branch office which the broker operates and the name of the
				licensee who supervises the branch office.
6.
Additional office.
Every
				additional office or place of business, other than the principal place of
				business of a broker, shall be licensed only with the approval of the
				commission and only after the applicant broker has given satisfactory proof
				that this additional office shall be under the supervision of a duly authorized
				licensee.
7.
Display
				license.
A branch license shall be displayed in the branch office or
				listed on the broker's website, shall bear the address of the branch office,
				and shall bear the name of the licensee designated to actively manage the
				branch office.
8.
Identical
				name.
The branch office must be operated under the same name as the
				principal office.
General Authority:
NDCC 28-32-02, 43-23-08,
					 43-23-11.1(3)
Law Implemented:
NDCC 43-23-12,
					 43-23-13(5)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-12 - Sharing office space

Current through Supplement No. 393, July, 2024
It shall be acceptable for more than one broker to operate in
				  an office at the same address if each broker maintains all records and trust
				  accounts separate from all other brokers. Each broker shall operate under a
				  business name which clearly identifies the broker as an individual broker
				  within the group of brokers.
General Authority:
NDCC
				  43-23-11.1(3)
Law Implemented:
NDCC
				  43-23-12(1),
				  43-23-14.1
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-13 - Prevention of same or deceptively similar real estate firm names

Current through Supplement No. 393, July, 2024
The commission within its discretion may prevent a real
				  estate firm from using the same name or a name deceptively similar to that of a
				  real estate firm already in the community if the commission determines that the
				  interests of the public are thereby endangered.
General Authority:
NDCC
				  43-23-11.1(3)
Law Implemented:
NDCC
				  43-23-12(1)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-14 - Salesperson closing

Current through Supplement No. 393, July, 2024
A salesperson shall not handle the closing of any real estate
				  transaction (unless authorized by the salesperson's broker), except under the
				  direct supervision of the broker, a licensed officer, or a licensed partner of
				  the corporation or partnership under whom the salesperson is licensed.
General Authority:
NDCC 28-32-02, 43-23-08,
					 43-23-11.1(3)
Law Implemented:
NDCC
					 43-23-11.1(1)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-16 - Complaints - Answer - Dismissal - Hearing

Current through Supplement No. 393, July, 2024
1. All complaints
				to be investigated by the real estate commission, as required by North Dakota
				Century Code section 43-23-11.1, must be in writing on forms furnished by the
				commission. The complaint shall be verified and shall include: the full name
				and address of the person making the complaint, hereinafter referred to as the
				complainant; the full name and address of the person against whom the complaint
				is made, hereinafter referred to as the respondent; an allegation that
				respondent is either a licensed broker or salesperson, and if the respondent is
				a salesperson, then the full name and address of the broker employer; and a
				clear and concise statement of the facts constituting the alleged complaint
				including the time and place of occurrence of particular acts and the names of
				persons involved.
2. The licensee
				against whom a complaint has been filed must, within twenty days from receipt
				of complaint, file the licensee's answer on forms furnished by the commission.
				This answer must be in affidavit form, properly certified, and contain a
				factual response to the allegations set out in the complaint.
3. If the investigation reveals that the
				complaint does not involve a violation of the laws or rules, the complaint
				shall be dismissed without a formal hearing, and the complainant and respondent
				so informed in writing.
4. If the
				investigation reveals that the acts of the respondent may be such as to justify
				disciplinary action against the respondent, a formal hearing will be held on
				the complaint. Notice of such hearing shall be given at least twenty days in
				advance by serving upon the respondent a copy of the complaint against the
				respondent and the date and place of hearing.
General Authority:
NDCC 28-32-02,
					 43-23-11.1(3)
Law Implemented:
NDCC
					 43-23-11.1
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-17 - Disputes between licensees

Current through Supplement No. 393, July, 2024
The commission is not authorized by law nor will it consider
				  or conduct hearings involving disputes over fees or commissions between
				  licensees.
General Authority:
NDCC 28-32-02,
					 43-23-11.1(3)
Law Implemented:
NDCC
					 43-23-11.1(1)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-18 - Commissions

Current through Supplement No. 393, July, 2024
The real estate commission neither recommends nor recognizes
				  any agreement to fix or impose uniform rates of commission on any real estate
				  transaction.
General Authority:
NDCC
				  43-23-11.1(3)
Law Implemented:
NDCC
				  43-23-11.1(1)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-19 - Definitions - Psychologically impacted properties

Current through Supplement No. 393, July, 2024
As used in this section, the term "psychologically impacted
				  properties" means any real property within this state that is known to be, or
				  is suspected to have been, the site of a suicide, homicide, or other felony, or
				  there are other circumstances, suspicions. or facts which may cause emotional
				  or psychological disturbance or concerns to a prospective purchaser or lessee
				  that have the potential of influencing whether that individual will purchase or
				  lease the property. "Psychologically impacted property" does not mean the fact
				  or suspicion that any present or past occupant is, or has been, infected with
				  or died from human immunodeficiency virus or acquired immune deficiency
				  syndrome or any other disease which has been determined by medical evidence to
				  be highly unlikely to be transmitted through the occupancy of real property.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 43-23-11.1(1)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-20 - Disclosure of psychologically impacted properties - Not a material defect

Current through Supplement No. 393, July, 2024
The fact that a parcel of real property, or any building or
				  structure thereon, may be psychologically impacted, or may be in close
				  proximity to a psychologically impacted property, is not a material or
				  substantial fact that is required to be disclosed in a sale, lease, exchange,
				  or other transfer of real estate. Licensees are not required to inform a
				  prospective purchaser that certain real property is psychologically impacted
				  real property. However, if the prospective purchaser asks whether the real
				  property may be psychologically impacted, the licensee is required to inquire
				  of the owner whether there are any facts or suspicions that the property is in
				  fact psychologically impacted, and to advise the prospective purchaser of the
				  owner's response. If the owner refuses to answer the inquiry, the prospective
				  purchaser must be so advised.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 43-23-11.1(1)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-01 - Licensing, Trust Accounts, and Complaints › Section 70-02-01-21 - Responsibilities of designated broker

Current through Supplement No. 393, July, 2024
The designated broker must have a written company policy that
				  identifies and describes the types of real estate agency relationships in which
				  the agency may engage. In addition, any agency that offers representation to
				  both buyers and sellers must also address in the policy manual the agency's
				  procedures intended to prevent any mishandling of information through both
				  formal and informal sharing of information within the agency, the arrangement
				  of agency office space, and the personal relationships of agents who are
				  representing clients with adverse interests. The designated broker is
				  responsible for supervising teams and shall have a written policy that
				  identifies and describes the team relationships in which its licensees may
				  engage. Designated brokers shall maintain a chronological written record of all
				  teams and team membership and provide such records to the commission upon
				  request.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
					 43-23-12.1
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-02 - Education and Experience Standards › Section 70-02-02-01 - Purpose of chapter

Current through Supplement No. 393, July, 2024
The purpose of this chapter is to delineate the rules which
				  the real estate commission will follow in approving and regulating all schools
				  offering prelicensure courses to meet the requirements in North Dakota Century
				  Code section 43-23-08.
General Authority:
NDCC 28-32-02, 43-23-08,
					 43-23-08.2
Law Implemented:
NDCC
					 43-23-08
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-02 - Education and Experience Standards › Section 70-02-02-02 - Application for prelicensure course approval

Current through Supplement No. 393, July, 2024
In order for any prelicensure course to be approved by the
				  real estate commission a complete application shall be filed with the
				  commission not less than forty-five days prior to the contemplated date of
				  offering the first course. The application, in addition to the name and address
				  of the school offering the course as well as any other identifying criteria
				  which the commission may require, must be accompanied by a nonrefundable fee
				  not to exceed two hundred dollars, and must include:
1. A proposed course outline, in reasonable
				detail, with hours spent on each subject area to be covered by the course. Each
				outline shall make reference to the textbook used and other material related to
				the course or subject matter, and shall substantially conform to the approved
				curricula outlines prepared by the commission.
2. An instructor application or resume on all
				instructors and subject to be taught.
3. The date, time, and place of any
				synchronous course hours.
4.
				Tuition and other costs or fees for students.
General Authority:
NDCC 28-32-02, 43-23-08,
					 43-23-13
Law Implemented:
NDCC 43-23-08,
					 43-23-13
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-02 - Education and Experience Standards › Section 70-02-02-03 - Qualifications for classroom instructors

Current through Supplement No. 393, July, 2024
Any person applying for commission approval of classroom
				  instruction must furnish to the commission evidence satisfactory to the
				  commission that every instructor giving classroom instruction has the necessary
				  specialized preparation, training, and experience to ensure competent
				  instruction.
Instructors who, in the estimation of the school
				  administration, are deemed inadequate or do not satisfy the school's standards
				  of quality should have their services terminated by the school.
General Authority:
NDCC
				  43-23-08(7)
Law Implemented:
NDCC
				  43-23-08
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-02 - Education and Experience Standards › Section 70-02-02-05 - Commission review of all real estate courses

Current through Supplement No. 393, July, 2024
Every three years, the school shall submit another complete
				  application. The commission shall review the school to determine if it meets
				  the requirements of law and commission for certification for another three
				  years.
General Authority:
NDCC 28-32-02,
					 43-23-08
Law Implemented:
NDCC
					 43-23-08
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-02 - Education and Experience Standards › Section 70-02-02-08 - Withdrawal of approval

Current through Supplement No. 393, July, 2024
If the commission determines a school is not meeting the
				  requirements of law for continued approval, the commission shall immediately
				  notify the school in writing detailing the deficiencies requiring correction.
				  The schools' approval by the commission shall continue ninety days from the
				  date of the commission's written notice to the school, and if, at the
				  expiration of that period, the school has failed to correct to the commission's
				  satisfaction the deficiencies noted, the commission may withdraw approval of
				  the school.
General Authority:
NDCC 28-32-02,
					 43-23-08
Law Implemented:
NDCC
					 43-23-08
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-02 - Education and Experience Standards › Section 70-02-02-09 - Advertising of approved courses

Current through Supplement No. 393, July, 2024
If the name of the commission is used or if commission
				  approval is indicated, any advertisement may not make or imply any guarantee
				  concerning the applicant's passing of the real estate licensing examination or
				  that the commission has any interest in the school other than ensuring that it
				  complies with the standards imposed by North Dakota Century Code chapter 43-23.
				  The phrase "North Dakota real estate commission" may not appear in the
				  advertisement in larger type than the words and phrases preceding or following
				  the phrase "North Dakota real estate commission". No promotional material of
				  any school approved by the commission shall state or imply that its program of
				  instruction is the sole vehicle for which the education requisites for
				  licensure shall be attained. Schools or their representatives shall not promote
				  their school in such a manner as to state or imply that their program excels
				  over any other course of instruction.
General Authority:
NDCC 28-32-02,
					 43-23-08
Law Implemented:
NDCC
					 43-23-08
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-02 - Education and Experience Standards › Section 70-02-02-10 - Course hour

Current through Supplement No. 393, July, 2024
A course hour shall be defined as fifty minutes.
General Authority:
NDCC 28-32-02,
					 43-23-08
Law Implemented:
NDCC
					 43-23-08
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-02 - Education and Experience Standards › Section 70-02-02-12 - Examinations

Current through Supplement No. 393, July, 2024
Each prelicensure course shall include examinations as a
				  component to determine successful course completion.
The weight of examinations as the determination of successful
				  completion of a course and the criteria for passing of examinations may be
				  developed by each school. However, the commission may direct alterations in
				  examination procedures, criteria for passing, and the administration whenever
				  deemed necessary. Each school shall furnish the commission with copies of its
				  examinations.
General Authority:
NDCC 43-23-08,
					 43-23-08.2
Law Implemented:
NDCC 43-23-08,
					 43-23-08.2
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-02 - Education and Experience Standards › Section 70-02-02-13 - Certificate of approval completion

Current through Supplement No. 393, July, 2024
Each school shall issue to the students successfully
				  completing a course of instruction an official certificate of completion which
				  reflects the school's name, course title, and number of classroom hours (or
				  other recognized educational unit) involved in the course. Such certificate, or
				  copies thereof, shall serve as evidence when presented to the commission of
				  successful completion of the course of instruction. Letters of other official
				  communication may also be provided the student, which may be utilized by the
				  student for submission to the commission as evidence of satisfactory completion
				  of the course. The letters will fully reflect the school name, the course title
				  and number, educational units, and be dated and signed by an official of the
				  school.
General Authority:
NDCC 43-23-08,
					 43-23-08.2
Law Implemented:
NDCC 43-23-08,
					 43-23-08.2
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-02 - Education and Experience Standards › Section 70-02-02-18 - Online-only asynchronous prelicensure courses must be certified

Current through Supplement No. 393, July, 2024
Online-only asynchronous prelicensure courses must be
				  certified by the association of real estate license law officials before being
				  approved by the commission. A student must complete the online-only
				  asynchronous prelicensure course within one year of the date of
				  enrollment.
General Authority:
NDCC 43-23-08, 43-23-08.1,
					 43-23-08.2
Law Implemented:
NDCC 43-23-08,
					 43-23-08.2
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-03 - Licensee Responsibilities › Section 70-02-03-01 - Application of licensee responsibilities

Current through Supplement No. 393, July, 2024
The commission shall have the power to investigate and to
				  discipline a licensee upon violation by a licensee of any provisions of the
				  licensee responsibilities.
General Authority:
NDCC 28-32-02,
					 43-23-08
Law Implemented:
NDCC
					 43-23-11.1(1)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-03 - Licensee Responsibilities › Section 70-02-03-03 - Commission split - Out of state

Current through Supplement No. 393, July, 2024
A licensed broker in this state may divide or share a real
				  estate commission with a licensed broker in another state if the latter broker
				  does not carry on any of the negotiations in this state either by physically
				  entering the state or by communicating with the broker electronically or
				  through other media.
General Authority:
NDCC
					 43-23-11.1(1)
Law Implemented:
NDCC
					 43-23-11.1(1)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-03 - Licensee Responsibilities › Section 70-02-03-04 - Listings

Current through Supplement No. 393, July, 2024
In instances where residential real property consists of
				  separate dwelling units for one through four families, the licensee shall
				  obtain a signed listing agreement in writing from the seller, properly
				  identifying the listed property and containing all of the terms and conditions
				  under which the property is to be sold; including the price, the commission to
				  be paid, the signatures of all parties concerned, and definite expiration date
				  prior to the time that the property is advertised or offered for sale. It shall
				  contain no provision requiring a party signing the listing to notify the broker
				  of the party's intention to cancel the listing after such definite expiration
				  date. An "exclusive agency" listing or "exclusive right to sell" listing shall
				  clearly indicate in the listing agreement that it is such an agreement and a
				  copy shall be given to the owner at the time of signing. If the licensee
				  chooses to represent both buyers and sellers in the same transaction, a
				  separate dual agency disclosure statement must be provided in accordance with
				  the provisions of section
				  70-02-03-15.1.
General Authority: NDCC 28-32-02.2
Law Implemented: NDCC
					 43-23-05
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-03 - Licensee Responsibilities › Section 70-02-03-05 - Listing contracts must include commission amount

Current through Supplement No. 393, July, 2024
All listing contracts or sales contracts must state the
				  amount of brokerage agreed; either a specific amount or a specific percentage.
General Authority:
NDCC
				  43-23-11.1(1)
Law Implemented:
NDCC
				  43-23-11.1(1)
North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-03 - Licensee Responsibilities › Section 70-02-03-05.1 - Buyer's broker agreements

Current through Supplement No. 393, July, 2024
In instances where residential real property consists of
				  separate dwelling units for one through four families, a licensee must obtain a
				  signed buyer's broker agreement from a buyer before performing any act as a
				  buyer's representative. All buyer's broker agreements must be in writing and
				  must include:
1. A definite
				expiration date.
2. The amount of
				commission or other compensation.
3. A clear statement explaining the services
				to be provided to the buyer, and the events or condition that will entitle the
				licensee to a commission or other compensation.
4. If the licensee chooses to represent both
				buyers and sellers in the same transaction, a separate dual agency disclosure
				statement in accordance with the provisions of section
				70-02-03-15.1.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 43-23-05