reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-17 - Record of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) A record by means of electronic recording of the hearing shall be made of all disciplinary hearings.
(b) A person affected by the hearing may cause, at such person's expense, a transcript of the proceedings to be prepared or a full stenographic record of the proceedings to be made by a competent court reporter.
(c) If transcribed, such transcript shall be part of the record of the hearing and a copy shall be furnished to any third party having a direct interest therein at the request and expense of such party.
(d) The record of the hearing and the file containing the pleadings shall be maintained in a place designated by the Board. The electronic recording of the proceedings shall be maintained until the time for appealing the final Board order has run.
(e) The record of an individual proceeding shall include:
(1) all pleadings, motions and intermediate rulings;
(2) evidence received or considered;
(3) a statement of matters officially noticed;
(4) questions and offers of proof, objections, and rulings thereon;
(5) proposed findings and exceptions;
(6) any decision, opinion, or report by the Hearing Examiner presiding at the hearing;
(7) all disciplinary procedures, memoranda or data submitted to the Hearing Examiner or members of the Board in connection with their consideration of the case.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-18 - Request for declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
Any person who may be affected by the existence of any of these public rules set forth by this chapter may request in writing an interpretation or ruling regarding the application of such rule to the facts furnished with the inquiry. Any such request shall state fully the facts concerning the rule which may apply, and the particular rules about which the question exists. The request or inquiry will be assigned to the Board for review. Thereafter, the Board shall make a final determination of the interpretation or ruling. The Board's interpretation of the rule shall be furnished in writing to the person making the request, within a reasonable time.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-19 - Request for rule adoption, amendment or repeal

Current through Vol. 41, No. 20, July 1, 2024
All interested persons may ask the Board to promulgate, amend or repeal a rule; such requests will be in writing and filed with the Department. The request shall specify reasons for its submission, the alleged need or necessity for the change, whether or not the proposed change will conflict with any existing rule, and what, if any, statutory provisions are involved. If the Board approves the proposed change, notice shall be given that such proposal will be formally considered for adoption. If, however, the Board determines that the proposal or request is not appropriate, the change shall be denied and the decision reflected in the records of the Board. A copy will be sent to the interested person who submitted the request.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-20 - Severability provision

Current through Vol. 41, No. 20, July 1, 2024
If any provision of this chapter, or application of such provision to any person or circumstances, shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 605:1-1-1 - Statement of purpose

Current through Vol. 41, No. 20, July 1, 2024
The fundamental and primary purpose of the Real Estate
				  Commission is to safeguard public interest and provide quality services by
				  assisting and providing resources; encouraging and requiring high standards of
				  knowledge and ethical practices of licensees; investigating and sanctioning
				  licensed activities; and through the prosecution of any unlicensed person who
				  violates the "Oklahoma Real Estate License Code and Rules."
Amended at 19 Ok Reg
				  2409, eff 7-1-02
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 605:1-1-2 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Title are hereby adopted in accordance with
				  the provisions of Title 59, Section
				  858-101 et
				  seq. and the provisions of Sections 301-327 of Title 75, Oklahoma Statutes,
				  1971.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 605:1-1-4 - Operational procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Organization.
The organization of the Commission is declared to be that as enumerated in Sections 858-201 through 858-204 of the heretofore described Code.
(b)
Operational procedures.
The general course and method of operation shall be as hereinafter specified in overall provisions of the rules of this Title.
(c)
Open Records Act.
In conformance with Title 51,  Section  24   A.1., et seq, Oklahoma Statutes, 1985, titled "Oklahoma Open Records Act" all open records of the Real Estate Commission may be inspected and copied in accordance with procedures, policies, and fee as required by the Commission. The Commission shall charge the following:
(1) A fee of $.25 for each xerographic copy or micrographic image.
(2) A fee of $1.00 for each copy to be certified.
(3) A fee of $10.00 per hour for a record or file search.
(4) A fee of Forty Dollars ($40.00) per extract for License Data extract.
(5) A fee of Fifty Dollars ($50.00) every three (3) months for an Examinee Data extract.
(6) A fee of no more than Seven Dollars and Fifty Cents ($7.50) for a convenience fee for any electronic/on-line transaction.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 1 - General Provisions › Section 605:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter establish procedures and standards
				  that apply to real estate licensees, real estate schools and instructors, and
				  which must be complied with as authorized under the provisions of the Oklahoma
				  Real Estate License Code, Title 59, O.S., Sections
				  858-101
				  through
				  858-605.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 1 - General Provisions › Section 605:10-1-3 - Appeal of administrative decisions; procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) Unless specifically provided for
				elsewhere in this Chapter, any adverse administrative action or decision
				rendered by the Commission, its staff on behalf of the Commissionor a third
				party contract vendor, may be appealed by the adversely affected party filing
				within thirty (30) days of notice of such action or decision, a written request
				for a hearing.
(b) Upon receipt of
				a request for any non-disciplinary hearing provided for in this Section, or any
				other rule of this Chapter, the Secretary-Treasurer shall schedule an
				administrative decision hearing before a Hearing Examiner, a selected panel of
				the Commission, or the Commission as a whole giving at least fifteen (15) days
				notice of such hearing. Such hearing shall be public except that upon motion,
				witnesses, other than the adversely affected appealing party, may be excluded
				from the hearing room when such witnesses are not testifying. A court reporter
				shall be present to record the proceedings in behalf of the Commission. Any
				person desiring a copy of the transcript of the proceedings may purchase such
				from the reporter.
(c) In the case
				of a proceeding conducted by the Commission as a whole or a panel of the
				Commission, the Chairman or his designee shall preside. Designated counsel
				shall advise the chair as to rulings upon the questions of admissibility of
				evidence, competence of witnesses and any other question of law where such
				ruling is required or requested.
(d) The appealing party may present his or
				her own evidence or may present such through his or her counsel. In order that
				the hearing will not be encumbered by evidence having no bearing on the issues,
				testimony by all witnesses will be limited to matters relevant to the issues
				involved.
(e) The order of
				procedure shall be as follows:
(1) Recitation
				of the administrative action or decision.
(2) Presentation of the adversely affected
				party's appeal.
(3) Questioning of
				the appealing party by the hearing panel or Hearing Examiner.
(4) Response by the Commission or Commission
				representatives detailing grounds for and basis for the administrative decision
				or action.
(5) Examination of
				witnesses by appealing party with cross-examination of such
				witnesses.
(6) Closing statements
				by the appealing party.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 1 - General Provisions › Section 605:10-1-4 - Returned checks - disposition

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				fees are received subject to collection. Payment of a fee to the Commission
				with a dishonored check may be prima facie evidence of a violation of Title 59,
				Section
				858-312.
(b) If the Commission receives a check that
				is dishonored upon presentation to the bank on which the check is drawn, a
				returned check fee of Thirty-five Dollars ($35.00) will be charged. If such
				payment is for fees, or other amounts due the Commission, and the check is not
				replaced within the specified time frame as determined by the Commission, such
				request shall be deemed incomplete and the transaction null and void.
(c) Other services may be delayed or denied
				if a check is dishonored upon presentation to the bank on which the check is
				drawn.
Amended at 20 Ok Reg
				  2563, eff 7-11-03
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 3 - Education and Examination Requirements › Section 605:10-3-1 - Prelicense education requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Subject Content.
On and after July 1, 1993, as evidence of an
				applicant's having satisfactorily completed those education requirements as set
				forth in Sections 858-302 and 858-303 of the Code, each applicant for licensure
				shall present with his or her application a certification showing successful
				completion of the applicable course of study approved by the Commission as
				follows:
(1) To qualify an applicant for
				examination and li-censure as a provisional sales associate, the course shall
				consist of at least ninety (90) clock hours of instruction or its equivalent as
				determined by the Commission. In order for a provisional sales associate to
				obtain a sales associate license, the provisional sales associate must,
				following issuance of a provisional license, complete additional education as
				required in Section 858-302 of the Code. The pre-license course of study shall
				be referred to as the Basic Course of Real Estate, Part I of II and shall
				encompass the following areas of study:
(A)
				Real Estate Economics and Marketing
(B) Nature of Real Estate
(C) Rights and Interest in Real
				Estate
(D) Legal
				Descriptions
(E) Title Search,
				Encumbrances, and Land Use Control
(F) Transfer of Rights
(G) Service Contracts
(H) Estimating Transaction Expenses
(I) Value and Appraisal
(J) Marketing Activities
(K) Fair Housing
(L) Contract Law Overview
(M) Contract Law and Performance
(N) Offers and Purchase Contracts
(O) Financing Real Estate
(P) Closing a Transaction
(Q) Regulations Affecting Real Estate
(R) Disclosures and Environmental
				Issues
(S) Property Management and
				Leasing
(T) Risk Management
(U) Professional Standards of
				Conduct
(V) Law of Agency
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 3 - Education and Examination Requirements › Section 605:10-3-2 - Application for license

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirements for completing application.
(1) Any person seeking a real estate license
				shall make application for such license on a form provided by the Commission.
				The form shall contain, but not be limited to, the following:
(A) Legal name to include first, middle and
				last name.
(B) Routine
				biographical information.
(C)
				License history in Oklahoma and other states.
(D) Criminal and/or civil charges or
				convictions, including bankruptcy and judgments.
(E) Compliance with Title 59 O.S. 858.301.1
				regarding felony convictions.
(F)
				Birth date.
(G) Evidence of
				successful completion of course requirement as specified in the
				"Code".
(H) If applicable, evidence
				of transaction experience as specified in the "Code."
(I) If applicable, evidence of successful
				completion of the Broker in Charge course.
(J) A sworn statement as to accuracy of the
				application information.
(K)
				Documentation required for compliance necessary to verify citizenship,
				qualified alien status, and eligibility under the Personal Responsibility and
				Work Opportunity Reconciliation Act of 1996.
(L) Social security number, pursuant to Title
				56, Oklahoma Statutes, Section 240.21A.
(M) Submit to a national criminal history
				record check, as defined by Section
				150.9
				of Title 74 of the Oklahoma Statutes. A fee amount, not to exceed sixty dollars
				($60.00), shall be sent to the Commission to begin the process of the national
				criminal history check.
(i) A completed
				national criminal history record check, completed for the Commission, shall be
				valid for six (6) months from the date of issuance from the issuing authority.
(ii) In the event an applicant is
				not physically able to submit to finger printing, other applicant identifiers
				shall be utilized, i.e., name, birth date and social security number.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 3 - Education and Examination Requirements › Section 605:10-3-3 - Proceedings upon application for a license

Current through Vol. 41, No. 20, July 1, 2024
(a)
Qualified application.
(1)
Approved application.
If the
				Commission is of the opinion that an applicant for license is qualified, the
				application shall be approved. An approved application shall be valid for
				ninety (90) days.
(2)
Denial
				of application.
If, from the application filed, or from answers to
				inquiries, or from complaints or information received, or from investigation,
				it shall appear to the Commission the applicant is not qualified at any time
				before the initial license is issued, the Commission shall refuse to approve
				the application and shall give notice of that fact to the applicant within
				fifteen (15) days after its ruling, order or decision.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 3 - Education and Examination Requirements › Section 605:10-3-4 - Broker applicant; experience

Current through Vol. 41, No. 20, July 1, 2024
(a) No individual shall be licensed as a real estate broker unless in addition to the other requirements in the Code, he or she has served two (2) active years, or its equivalent, as a licensed real estate sales associate and/or broker associate, with and under the instructions and guidance of a licensed real estate broker of this state or any other state at least twenty-four (24) months within the five (5) year period immediately prior to the filing of his or her application for license as a real estate broker in Oklahoma. Additionally, no individual shall be licensed as a real estate broker unless he or she can provide documentation verifying ten real estate transactions as defined in Section 858-303 of the Code within the past five years, or the equivalent thereof, as determined by the Commission. Such documentation shall be demonstrated on forms developed by the Commission.
(b) An application submitted for the purpose of seeking a license to function as a real estate broker shall not be accepted for filing by the Commission unless such applicant has completed the two (2) year licensure requirement on or before the date such application is submitted.
Amended at 10 Ok Reg
				  2087, eff 7-1-93; Amended at 15 Ok Reg 3322, eff
				  7-13-98
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 3 - Education and Examination Requirements › Section 605:10-3-4.1 - Broker associate applicant; experience

Current through Vol. 41, No. 20, July 1, 2024
(a) No individual shall be licensed as a real
				estate broker associate unless in addition to the other requirements in the
				Code, he or she has served two years, or its equivalent, as a licensed real
				estate provisional sales associate and/or sales associate, with and under the
				instructions and guidance of a licensed real estate broker of this state or any
				other state at least twenty-four (24) months within the five (5) year period
				immediately prior to the filing of his or her application for license as a real
				estate broker associate in Oklahoma.
(b) An application submitted for the purpose
				of seeking a license to function as a real estate broker associate shall not be
				accepted for filing by the Commission until such applicant has completed the
				two (2) year licensure requirement on or before the date such application is
				submitted.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 3 - Education and Examination Requirements › Section 605:10-3-6 - Continuing education requirement

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definition.
Continuing education shall be defined as any real
				estate oriented education course or equivalent, hereinafter called offering(s)
				intended:
(1) To improve the knowledge of
				licensees.
(2) To keep licensees
				abreast of changing real estate practices and laws.
(3) To help licensees meet the statutory
				requirements for license renewal.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 3 - Education and Examination Requirements › Section 605:10-3-7 - Provisional sales associate post-license education requirement

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The purpose of the provisional sales associate post-license education requirement is to provide an educational program through which real estate provisional sales associate licensees can become more competent, knowledgeable and perfect their ability to engage in real estate activities for which they are licensed. Such activities involve facts and concepts which licensees must be knowledgeable in order to safely and confidently conduct real estate negotiations and transactions in the public's best interest.
(b)
Goals.
The goals of the provisional sales associate post-license education requirements are:
(1) To provide newly licensed individuals with the opportunity to obtain current information and knowledge to enable them to conduct real estate negotiations and transactions in a legal and professional manner in order to better protect public interest.
(2) To assure that licensees are provided with relevant information pertaining to practices which directly relate to real estate business.
(3) To assure that the provisional sales associate is provided with information regarding new and/or changing laws and regulations which affect the real estate business.
(4) To assure that the consumers interest is protected from unknowledgeable licensees.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 5 - Instructor and Entity Requirements and Standards › Section 605:10-5-1 - Approval of pre-license course

Current through Vol. 41, No. 20, July 1, 2024
(a)
Course approval.
Any person or entity seeking to conduct an
				approved course of study shall make application and submit documents,
				statements and forms as may reasonably be required by the Commission. The
				request shall include the following:
(1)
				Completed course application.
(2)
				Application fee of One Hundred Twenty-five Dollars ($125.00) for each
				course.
(3) An approved course
				syllabus encompassing the contents enumerated in
				605:10-3-1
				and divided by instructional periods, the name, author and publisher of the
				primary textbook, or a statement stating the entity will use the OREC syllabus
				and other items as may be required by the Commission.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 5 - Instructor and Entity Requirements and Standards › Section 605:10-5-1.1 - Approval of a post-license course

Current through Vol. 41, No. 20, July 1, 2024
(a)
Course approval.
In accordance with Section 858-302 of the License
				Code, the Commission shall determine and approve the education content of the
				forty-five (45) clock hour post-license course content or its equivalent. Any
				person or entity seeking to conduct an approved course of study shall make
				application and submit documents, statements and forms as may reasonably be
				required by the Commission. The request shall include the following:
(1) Completed course application.
(2) Application fee of One Hundred
				Twenty-five Dollars ($125.00) for each course.
(3) An approved course syllabus encompassing
				the contents enumerated in
				605:10-3-7
				and divided by instructional periods, with the name, author and publisher of
				the primary textbook.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 5 - Instructor and Entity Requirements and Standards › Section 605:10-5-2 - Approval of a continuing education course

Current through Vol. 41, No. 20, July 1, 2024
(a)
Approval and expiration of
				application.
An entity seeking to conduct an approved continuing
				education course shall make application for the approval or renewal of each
				course. Such approval or renewal shall expire at the end of the thirty-sixth
				(36) month including the month of issuance.
(b)
Application form.
Entities
				seeking approval of a course shall submit an application on a form prescribed
				by the Commission along with a non-refundable fee of Twenty Five Dollars
				($25.00) per course. Each application shall include, but is not limited to, the
				following information:
(1) The name(s),
				address(es), and telephone number(s) of the sponsoring entity, the owner(s),
				and the coordinator/director responsible for the quality of the course.
(2) The title(s) of the course or
				courses.
(3) The number of hours in
				each course.
(4) A copy of each
				course's curriculum, including comprehensive course objectives, a detailed
				outline of the course subject matter and instructor(s) for each course.
(5) The method the entity will use
				to evaluate the course offering.
(6) The procedure the entity will use to
				monitor attendance.
(7) A personal
				resume indicating name(s) and qualifications of the instructor(s).
(8) Any other relevant information useful in
				determining that the entity is presenting a course which will meet the
				definition, purposes, goals and objectives adopted by the Commission.
(9) A statement attesting to the
				fact that in accepting approval as a continuing education entity, the entity
				will protect and promote the purposes, goals and objectives of continuing
				education as stated in the License Code and Rules.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 5 - Instructor and Entity Requirements and Standards › Section 605:10-5-3 - Standards for Commission approved real estate courses

Current through Vol. 41, No. 20, July 1, 2024
(a)
Approved instructor.
Each
				course offering shall be conducted by a Commission approved instructor. The
				instructor shall be available during normal business hours as posted by the
				instructor to answer questions about the course material and provide assistance
				as necessary.
(b)
Student
				must attend entire in-class instruction or complete all modules required for
				distance education instruction.
In order for an entity to certify a
				student as passing an approved course the student must either:
(1) attend the required number of hours of
				in-class instruction; or
(2)
				complete all instructional modules required for distance education instruction.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-1 - License issuance

Current through Vol. 41, No. 20, July 1, 2024
No real estate licensee shall begin operations in the real
				  estate business without first having been issued his or her numbered active
				  license certificate. This includes all original licenses, activations,
				  reinstatements and all license types being changed from an associate to a
				  broker or branch office broker, as defined in the rules.
Amended at 15 Ok Reg
				  3322, eff 7-13-98; Amended at 20 Ok Reg 2563, eff 7-11-03; Amended at 24 Ok Reg
				  2321, eff 7-1-07
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-1.1 - Documentation required for compliance necessary to verify citizenship, qualified alien status, and eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996

Current through Vol. 41, No. 20, July 1, 2024
License renewals and reinstatements.
Individuals
				  who submit an application on or after July 1, 2002, shall be required to
				  provide documentation necessary to verify compliance of citizenship, qualified
				  alien status, and eligibility under the Personal Responsibility and Work
				  Opportunity Reconciliation Act of 1996. Failure to provide this documentation
				  shall result in disapproval of the application. If an individual fails to
				  provide proof of citizenship within sixty (60) days from the date of reissuance
				  of their license or approval, the individual will be placed inactive until the
				  Commission receives current proof of citizenship or qualified alien
				  status.
Added at 19 Ok Reg 2410,
				  eff 7-1-02; Amended at 27 Ok Reg 1940, eff
				  7-1-10
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-3 - Placement of license on inactive status

Current through Vol. 41, No. 20, July 1, 2024
In conformance with Section 858-309 of the Code a licensee
				  who at any time fails to comply with all Code and Rule requirements for active
				  license status shall be placed on inactive status. If a licensee fails to
				  comply with a request for documentation from the Commission, based on another
				  appropriate statutory or rule requirement which affects the license, the
				  Commission shall place the license inactive. At any time the licensee complies
				  with all requested requirements, the license shall be issued on active
				  status.
Amended at 12 Ok Reg
				  1813, eff 7-1-95; Amended at 15 Ok Reg 3322, eff 7-13-98; Amended at 29 Ok Reg
				  1402, eff 7-1-12
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-4 - Request for activation or re-issuance of license

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirements.
All requests
				for activation or re-issuance of a license must be accompanied by the
				appropriate document(s) and fee of Forty Dollars ($40.00) as required by the
				Commission. Upon activation of an inactive license wherein the licensee paid
				the reduced inactive license fee rate, the licensee shall be required to pay
				the remaining active license fee as outlined in
				605:10-7-2.
(b)
Multiple change requests on same
				license.
In the event a licensee's request involves more than one change
				to the license at the same time, and each individual change requires a separate
				fee elsewhere in the rules of this Chapter, the Commission shall only require
				that one fee be charged to reissue the license if the request is done in a
				timely manner.
(c)
Continuing
				education and/or experience required for activation.
A licensee
				requesting activation of a license must have complied with the continuing
				education requirement as set forth in Section 858- 307.2 of Title 59 of the
				Oklahoma Statutes and rule
				605:10-3-6
				and, if applicable, the experience requirement as set forth in Section
				858-303
				of Title 59 of the Oklahoma Statutes and rule
				605:10-3-4
				and
				605:10-3-4.1.
				Further, upon a licensee's request for activation being completed and
				processed, the licensee shall then be required to complete the continuing
				education requirement for the next license term for which the license is to be
				renewed active or activated.
(d)
Active status requested, however, Commission unable to activate for
				reasons as stated in statutes elsewhere.
In the event a licensee
				requests an active original license, subsequent license renewal, or activation
				to be issued on active status and for reasons beyond the Commission's control
				the licensee is unable to obtain an active license at that time, the fees as
				received by the Commission shall be retained and not refunded. Once the
				licensee corrects the problem with the appropriate regulatory agency and such
				agency authorizes the issuance of an active license, the Commission will then,
				upon receipt of an activation fee and required documentation, issue an active
				license.
Amended at 8 Ok Reg
				  2071, eff 7-1-91; Amended at 10 Ok Reg 2087, eff 7-1-93; Amended at 14 Ok Reg
				  3031, eff 7-11-97; Amended at 15 Ok Reg 3322, eff 7-13-98; Amended at 19 Ok Reg
				  2410, eff 7-1-02; Amended at 27 Ok Reg 1940, eff 7-1-10; Amended at 29 Ok Reg
				  1402, eff 7-1-12
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-5 - Name changes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Name
				change request.
Any change of name of a licensee or licensed firm must
				be filed in the Commission office within ten (10) days of such change. Filed
				shall mean the date of the United States postal service postmark or the date
				personalor electronic delivery is made to the Commission. Upon any request for
				a change of name there shall be paid a fee to the Commission of Twenty-five
				Dollars ($25.00) for each license to be changed. The Commission may require
				additional documents as may reasonably be required by the Secretary-Treasurer.
(b)
Group name
				changes.
Under certain circumstances as determined by the Commission,
				the Commission may place a cap of Seven Hundred Fifty Dollars ($750.00) on
				group transactions requesting licenses to be reissued. To qualify, such request
				must be received complete and require no further correspondence and/or
				documents except for the issuance of the licenses.
Amended at 8 Ok Reg
				  2071, eff 7-1-91; Amended at 15 Ok Reg 3322, eff
				  7-13-98
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-6 - Certification of license history

Current through Vol. 41, No. 20, July 1, 2024
Each request for a certification of license history shall be
				  submitted electronically or in the form of a letter to the Commission
				  accompanied by a fee of Fifteen Dollars ($15.00).
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-7 - Branch offices

Current through Vol. 41, No. 20, July 1, 2024
(a)
Each
				additional office must be licensed.
If a broker desires to do business
				from more than one office location, the broker must license each additional
				office location as a branch office by submitting forms and fees as required by
				the Commission. The license shall be maintained in the branch office and
				available upon request.
(b)
Associate's license issuance.
An associate's license shall be
				issued electronically and maintained in each Associate's License Portal under
				the supervision of the Branch Broker and Managing Broker.
(c)
Broker to designate a branch office
				broker to act.
A broker shall designate a branch office broker, other
				than himself or herself, to act as broker for each location, to supervise the
				activities of the branch office. The branch office shall be licensed in
				conformance with Section 858-310 of the Code. The branch office broker may be
				designated to perform all duties and sign documents on behalf of the broker
				with respect to the branch office at the discretion of the broker. Such
				designation shall be in writing and filed with the Commission. The branch
				office broker assumes responsibility in conjunction with the broker, for all
				associates assigned to the branch office.
(d)
Broker may act as branch office
				broker; restriction.
A broker may act as the branch office broker if the
				branch office is located at the same location as the main office upon the
				appropriate documents and fees being filed with the Commission.
(e)
Reappointment of branch office
				broker.
In the event of the death or disability of the designated branch
				office broker, or in the event of the retirement or cessation of employment for
				any reason by the designated branch office broker, and the branch office is to
				continue business, the main office broker shall appoint a new branch office
				broker and file the appropriate documents with the Commission within thirty
				(30) days of the occurrence of the event.
(f)
Branch office must utilize the same
				name or trade name of main office.
A branch office may utilize a trade
				name which is different than the main office so long as the broker registers
				the name(s) with the Commission.
Amended at 10 Ok Reg 2087, eff 7-1-93; Amended at 15 Ok Reg
					 3322, eff 7-13-98; Amended at 16 Ok Reg 2561, eff 7-1-99; Amended at 18 Ok Reg
					 3485, eff 8-1-01 (emergency); Amended at 19 Ok Reg 2410, eff 7-1-02; Amended at
					 29 Ok Reg 1402, eff 7-1-12; Amended at 30 Ok Reg 2056, eff
					 11-1-13
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-8 - Corporation and Association licensing procedures and requirements of good standing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Broker
				license requirement.
Each corporationand association who performs
				activities which require a real estate license pursuant to Title 59, O.S.,
				Section
				858-102 of
				the License "Code" shall apply as a real estate business entity. Upon approval
				by the Commission, the corporationor association shall be granted a real estate
				license. In order to obtain a license, the corporation or association shall
				furnish to the satisfaction of the Commission, but not limited to, the
				following items:
(1) Completed application
				form(s) and required fee(s).
(2)
				Verification that the corporation or association is authorized to transact
				business as a business entity in the State of Oklahoma and that the
				corporationor association is in good standing in the State of
				Oklahoma.
(3) Corporationor
				association must be in compliance with Title 59, O.S., Section
				858-312.1
				of the License "Code."
(4)
				Corporationor association must have a managing corporate broker who holds a
				separate license as a real estate broker.
(5) The designation of a managing broker
				shall be established by sworn statement signed by the President of the
				corporationor authorized member or manager of the association stating the date
				and place such action was effected.
(6) In the event of the death or disability
				of the managing broker, or the event of the retirement or cessation of
				employment for any reason by the managing broker, or the event of the
				retirement or cessation of employment for any reason by the managing broker,
				the corporationor association shall be required to appoint a new managing
				broker and such notice of change must be filed with the Commission no later
				than thirty (30) days after the occurrence of the event. The notice of change
				in a managing broker must be accompanied by the appropriate documents as
				required by the Commission and a Forty Dollar ($40.00) change of status fee.
(7) Corporations and associations
				must notify the Commission in writing within ten (10) days of the date of a
				change in corporate officersor association members.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-8.1 - Partnership licensing procedures and requirements of good standing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Broker license requirement.
Each partnership who performs activities which require a real estate license
				pursuant to Title 59, O.S., Section
				858-102 of
				the License "Code" shall apply as a real estate broker. Upon approval by the
				Commission, the partnership shall be granted a real estate broker license. In
				order to obtain a license, the partnership shall furnish to the satisfaction of
				the Commission, but not limited to, the following items:
(1) Completed application form(s) and
				required fee(s).
(2) A written
				statement signed by all partners attesting to the formation of a partnership
				and that it is in good standing in the State of Oklahoma.
(3) Partnership must be in compliance with
				Title 59, O.S., Section
				858-312.1
				of the License "Code."
(4)
				Partnership must have a minimum of two managing partners who each hold a
				separate license as a real estate broker.
(5) The designation of the managing partners
				shall be established by sworn statement signed by the managing partners of the
				partnership stating the date and place such action was effected.
(6) In the event of the death or disability
				of the managing partner(s), or in the event of the retirement or cessation of
				employment for any reason of the managing partner(s), the partnership is
				dissolved unless the partnership agreement provides otherwise. If the
				partnership agreement provides for the continuation of the partnership after
				the loss of a partner, the partnership shall be required to appoint a new
				managing partner and such notice of change must be filed in the Commission
				office no later than thirty (30) working days of the occurrence of the event.
				The notice of change in managing partners must be accompanied by the
				appropriate documents as required by the Commission and a Twenty-five Dollar
				($25.00) change of status fee.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-8.2

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3031,
				  eff 7-11-97; Amended at 15 Ok Reg 3322, eff 7-13-98; Amended at 20 Ok Reg 2563,
				  eff 7-11-03; Amended at 28 Ok Reg 1812, eff 7-1-11; Amended at 29 Ok Reg 1402,
				  eff 7-1-12
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-8.3 - Sole Proprietor licensing procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Sole Proprietor.
A sole proprietor is a broker that is the sole owner of a real estate business/firm. To qualify for a sole proprietorship, the firm shall not conduct business in the name of an entity, i.e., corporation, association (Limited Liability Company) or partnership and the business/firm shall not be owned by any other person or entity. To apply as a sole proprietor one must meet all requirements for a broker license and submit to the Commission the following:
(1) Completed sole proprietor broker application form(s) and fee(s) as required by the Commission.
(2) An associate release form if previously associated with a sponsoring broker.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-8.4 - Corporations or Associations formed for the purpose of receiving compensation

Current through Vol. 41, No. 20, July 1, 2024
Within the meaning of subsection 14 of Section 858-312 of the "Code" payment of a commission by a broker to a broker or an associate's corporation or association does not constitute a payment of a fee (commission) to an unlicensed person provided the corporation or association and the broker and/or associate abide by the following requirements:
(1) The corporation or association shall not perform any act requiring a real estate license and shall not hold itself out as engaged in such activity.
(2) The licensee requesting registration with the Commission must have an active individual real estate license.
(3) The managing broker must provide approval to the Commission of the broker or associate's corporation or association.
(4) The licensee requesting registration with the Commission must be the majority stockholder and president of the corporation or majority member of the association.
(5) Ownership of the broker or associate's corporation or association is limited to spouses and blood relatives.
(6) The corporation or association shall not advertise or receive referral fees or commissions except from the broker.
(7) The licensee requesting registration with the Commission must pay a fifty dollar ($50.00) registration fee and make the following declarations to the Commission:
(A) A statement that the licensee requesting registration with the Commission is the majority stockholder and president of the corporation or majority member of the association.
(B) Names and relations of all officers/members and/or stockholders.
(C) Verification that the association or corporation is in good standing with the Oklahoma Secretary of State.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-9 - Nonresident licensing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Nonresident licensed in another jurisdiction.
A nonresident
				applicant may apply to the Commission for a license to operate as a nonresident
				by submitting all appropriate documents as required by the Commission and
				furnish evidence that the applicant possesses a current active license in the
				applicant's resident jurisdiction or another jurisdiction in which the
				applicant has qualified for a license. No license shall be issued to any
				nonresident applicant at a higher level than the highest license of any current
				active license in the applicant's resident jurisdiction or another jurisdiction
				in which the applicant has qualified for a license. All nonresidents shall be
				required to complete the appropriate examination as required by the Commission
				No inactive license experience may be credited to qualify under this section.
				The Commission may issue a nonresident license if such nonresident has
				qualified and maintains a license in another jurisdiction and meets the
				following qualifications:
(1) A nonresident
				applicant who has been actively licensed as a sales associate or broker
				respectively for a minimum of two (2) years out of the previous five (5) years.
(A) A nonresident applicant that applies
				under this paragraph must complete and submit the following:
(i) Appropriate application(s).
(ii) License certification(s) from the
				jurisdiction in which the applicant has held and/or currently holds a license.
(iii) Criminal history background
				application, fingerprint card and fee.
(iv) Examination fee and successful
				completion of the state portion of the examination.
(v) Consent for service of jurisdiction form.
(vi) Proof of completion of at
				least one (1) continuing education clock hour in each of the following
				Oklahoma-specific subjects: Broker Relationships Act, Contracts and Forms, and
				Code and Rule Updates.