| (1) |
| (a) | Upon filing an application for an examination for a license under this chapter, the applicant shall pay a nonrefundable fee established in accordance with Section 63J-1-504 for admission to the examination. |
| (b) | An applicant for a principal broker, associate broker, sales agent, or property manager license shall pay a nonrefundable fee as determined by the commission with the concurrence of the division under Section 63J-1-504 for issuance of an initial license or license renewal. |
| (c) | The division shall issue a license under this Subsection (1) for a period of not less than two years as the division determines with the concurrence of the commission. |
| (d) |
| (i) | Each of the following applicants shall comply with this Subsection (1)(d):
| (A) | a new sales agent applicant; |
| (B) | a principal broker applicant; |
| (C) | an associate broker applicant; and |
| (D) | on or after January 1, 2027, a property manager applicant. |
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| (ii) | An applicant described in this Subsection (1)(d) shall at the time the applicant files an application:
| (A) | submit to the division fingerprint cards in a form acceptable to the Department of Public Safety; |
| (B) | submit to the division a signed waiver in accordance with Subsection 53-10-108(4), acknowledging the registration of the applicant's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; |
| (C) | consent to a criminal background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation; and |
| (D) | pay the fee the division establishes in accordance with Subsection (1)(d)(iv). |
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| (iii) | The Bureau of Criminal Identification shall:
| (A) | check the fingerprints an applicant submits under Subsection (1)(d)(ii) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System; |
| (B) | report the results of the background check to the division; |
| (C) | maintain a separate file of fingerprints that applicants submit under Subsection (1)(d) for search by future submissions to the local and regional criminal records databases, including latent prints; |
| (D) | request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and |
| (E) | ensure that the division only receives notifications for an individual with whom the division maintains permission to receive notifications. |
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| (iv) |
| (A) | The division shall assess an applicant who submits fingerprints under this Subsection (1)(d) or (2)(f) a fee in an amount that the division sets in accordance with Section 63J-1-504 for services that the division and the Bureau of Criminal Identification or another authorized agency provide under this Subsection (1)(d) or (2)(f). |
| (B) | The Bureau of Criminal Identification may collect from the division money for services provided under this section. |
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| (v) | Money paid to the division by an applicant for the cost of the criminal background check is nonlapsing. |
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| (e) |
| (i) | A license issued under Subsection (1)(d) is conditional, pending completion of the criminal background check. |
| (ii) | If a criminal background check discloses that an applicant fails to accurately disclose a criminal history, the division:
| (A) | shall review the application; and |
| (B) | in accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, may:
| (I) | place a condition on a license; |
| (II) | place a restriction on a license; |
| (III) | revoke a license; or |
| (IV) | refer the application to the commission for a decision. |
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| (iii) |
| (A) | An individual whose conditional license is conditioned, restricted, or revoked under Subsection (1)(e)(ii) may have a hearing after the action is taken to challenge the action. |
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| (iv) | The director shall designate one of the following to act as the presiding officer in a hearing described in Subsection (1)(e)(iii)(A):
| (B) | the division with the concurrence of the commission. |
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| (v) | The presiding officer shall decide whether to grant relief from an action under this Subsection (1)(e). |
| (vi) | If a license is revoked or a revocation under this Subsection (1)(e) is upheld after a hearing, the individual may not apply for a new license until at least 12 months after the day on which the license is revoked. |
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