Tennessee § 62-13-303 - Qualifications — Prerequisites for licensing.

§ 62-13-303. Qualifications — Prerequisites for licensing.

Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity and competence to transact the business of broker, affiliate broker or time-share salesperson in a manner to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. No license shall be denied any person because of race, color, religion, sex or national origin. All applicants for an affiliate real estate broker's license must provide adequate proof to the commission that they have a high school degree or a general educational development (GED(R)) certificate. All affiliate brokers must complete a Tennessee real estate commission-approved thirty (30) hours of education in specified areas, including contract writing, handling consumer deposits, listing property, agency disclosures or other areas designated by the commission within six (6) months of obtaining their affiliate broker's license. Notwithstanding any other provision contained in this chapter, if the required thirty (30) hours of education are not obtained and proof of compliance provided to the commission within the six-month period, the affiliate broker's license shall automatically expire at the end of the six-month period. The education requirements specified in this subsection (a), in addition to any other education requirements specified in this chapter to be completed by an applicant prior to licensure, shall be completed by an applicant for an affiliate broker's license prior to the original license being issued. This education requirement is in addition to any continuing education requirements specified in this chapter or the rules of the commission. Any person who desires an affiliate broker's license shall submit an application for examination to the commission on the prescribed form. The application shall be accompanied by: The fee specified in § 62-13-308; and Certification of satisfactory completion by the applicant of sixty (60) classroom hours in real estate at a school, college or university approved by the commission, including thirty (30) classroom hours covering the basic principles of real estate. Any person who desires a broker's license shall submit an application for examination to the commission on the prescribed form. The application shall be accompanied by: The fee specified in § 62-13-308; Certification of satisfactory completion by the applicant of one hundred twenty (120) classroom hours in real estate, before or after receipt of an affiliate broker's license, at a school, college or university approved by the commission, including thirty (30) classroom hours covering office or brokerage management; and If the applicant was licensed as an affiliate broker after May 12, 1988, satisfactory proof that the applicant has held an active real estate license for at least thirty-six (36) months, or, if the applicant holds a baccalaureate degree with a major in real estate, for at least twenty-four (24) months; or If the applicant was licensed as an affiliate broker on or before May 12, 1988, satisfactory proof that the applicant has been engaged as a real estate licensee for at least twenty-four (24) months, or, if the applicant holds a baccalaureate degree with a major in real estate, for at least twelve (12) months. Each applicant who passes the examination shall submit an application for the appropriate license to the commission. If such application is not filed within six (6) months after the date of the examination passed, the applicant must retake and pass the examination in order to be eligible for a license. An application for an affiliate broker's license shall be accompanied by: The fee specified in § 62-13-308; Satisfactory proof that the applicant: Is at least eighteen (18) years of age; and Has been a resident of this state for at least forty-five (45) days; and A sworn statement by the broker with whom the applicant desires to be affiliated certifying that, in the broker's opinion, the applicant is honest and trustworthy and that the broker will actively supervise and train the applicant during the period the license remains in effect. An application for a broker's license shall be accompanied by: The fee specified in § 62-13-308; and Satisfactory proof that the applicant: Is at least eighteen (18) years of age; and Has been a resident of this state for at least forty-five (45) days. Every two (2) years, as a requisite for the reissuance of an affiliate broker's license originally issued on or after July 1, 1980, the affiliate broker shall furnish certification of satisfactory completion of sixteen (16) classroom hours in real estate courses at any school, college or university approved by the commission. Within a period of three (3) years from the date of issuance of an original broker's license, the licensee shall, as a requisite for the reissuance of the license, furnish certification of satisfactory completion of an additional one hundred twenty (120) classroom hours in real estate at any school, college or university approved by the commission. Beginning with the license period immediately following the license period in which the licensee completes the one hundred twenty (120) hours of education specified in this subsection (h), the licensee of a broker's license originally issued after January 1, 2005, every two (2) years shall furnish certification of satisfactory completion of sixteen (16) classroom hours in real estate courses at any school, college or university approved by the commission as a requisite for the reissuance of the license. The commission shall, at least six (6) months prior to the deadline for furnishing the certification required by subsections (g) and (h), notify each licensee from whom the certification has not been received. Any person who desires a time-share salesperson license shall submit an application for examination and license to the commission on the prescribed form. The application shall be accompanied by: The fees specified in § 62-13-308 for examination and license; Satisfactory proof that the applicant is: At least eighteen (18) years of age; and A resident of this state; A sworn statement by the broker with whom the applicant desires to be affiliated certifying that, in the broker's opinion, the applicant is honest and trustworthy and that the broker will actively supervise and train the applicant during the period the license remains in effect; and Certification, by the broker with whom the applicant desires to be affiliated, stating that the applicant has completed a thirty (30) hour training program consisting of instruction in the fundamentals of the Tennessee Time-Share Act, compiled in title 66, chapter 32, part 1, and related topics. Any person who desires an acquisition agent license shall submit an application for examination and license to the commission on the prescribed form. The application shall be accompanied by: The fees specified in § 62-13-308 for examination and license; Proof satisfactory to the commission that the applicant is at least eighteen (18) years of age; and Proof satisfactory to the commission that the applicant is of good moral character. Compliance by an acquisition agent with the licensing requirements of this section shall constitute compliance with the registration requirements contained in § 66-32-139. The commission shall require all applicants for initial licensure issued under this chapter, including, but not limited to, a time-share license, on or after January 1, 2014, to submit a complete and legible set of fingerprints, on a form prescribed by the commission or in such electronic format as the commission may require, to the commission or to the Tennessee bureau of investigation for the purpose of obtaining a criminal background check from the Tennessee bureau of investigation and the federal bureau of investigation. The commission shall refuse to issue a license to an applicant for initial licensure who does not comply with subdivision (l )(1); provided, that a licensee who requests to renew an existing license issued under this chapter, or obtain a broker license after being licensed as an affiliate broker, shall not be required to submit a set of fingerprints pursuant to this subsection (l ). The commission shall conduct a criminal background check of each applicant described in subdivision (l )(1) by using information: Provided by the applicant under this subsection (l ); and Made available to the commission by the Tennessee bureau of investigation, the federal bureau of investigation and any other criminal justice agency. The commission may: Enter into an agreement with the Tennessee bureau of investigation to administer a criminal background check required under this subsection (l ); and Authorize the Tennessee bureau of investigation to collect from the applicant the costs incurred by the department in conducting the criminal background check. Acts 1973, ch. 181, § 8(a)-(f); 1980, ch. 707, § 1; T.C.A., § 62-1316; Acts 1982, ch. 589, § 3; 1982, ch. 864, §§ 1-4; 1984, ch. 810, § 1; 1987, ch. 419, § 3; 1988, ch. 919, §§ 2, 3; 1989, ch. 89, §§ 8, 9; 1989, ch. 242, § 1; 1989, ch. 324, § 3; 1993, ch. 103, §§ 1, 2; 2002, ch. 812, § 5; 2003, ch. 233, § 1; 2003, ch. 234, § 1; 2013, ch. 420, § 1. Compiler's Notes. Acts 2013, ch. 420, § 2 provided that the Tennessee real estate commission is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with title 4, chapter 5. Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Brokers, § 4. Attorney General Opinions. Tennessee real estate commission education course approval. OAG 10-09, 2010 Tenn. AG LEXIS 9 (1/26/10). Real estate licensing requirements for non-Tennessee residents. OAG 10-90, 2010 Tenn. AG LEXIS 96 (8/2/10).