Questions and Answers
What defines an 'expired license'?
What is the maximum period in which a 'lapsed license' can still be reactivated?
Which of the following best describes a 'terminated license'?
Which entity is defined as the 'department'?
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What must a licensee do to renew their license before the end of the renewal period?
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What happens to a license that is not renewed within 2 years of its last renewal date?
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What penalty is applied when a licensee does not renew their license on time?
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Which of the following requirements is NOT necessary to reactivate an expired license within 2 years?
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Under what condition is a licensee considered to be practicing without a license?
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Who is immune from civil action related to the filing of a complaint?
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What is the timeframe in which a licensee or applicant must inform the department of an address change?
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What action must the department take if reasonable cause exists after a complaint is made?
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Who can file a complaint against a licensee or license applicant without fear of civil action?
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What action may the department take if there is reasonable cause to believe a violation has occurred?
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What must the department do if a licensee is found to have violated the regulations?
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Which of the following is NOT a possible sanction that the department may issue upon finding a violation?
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How should the department inform the public about disciplinary actions taken?
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What is considered unprofessional conduct regarding a licensee's criminal history?
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How is the act of providing false information in a license application viewed?
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What is deemed an unprofessional approach regarding communications during an investigation?
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What is the minimum age requirement for a property manager license applicant?
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Which of the following qualifications is required for a property manager applicant?
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What must a property manager applicant do after successfully completing the required course of education?
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Which subjects are included in the required course of education for property manager applicants?
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Which of the following actions is NOT part of the qualification process for a property manager license?
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What distinguishes an 'active status' from 'inactive status' for a licensee?
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How is a 'lapsed license' defined?
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What does the term 'late penalty fee' entail?
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Which statement correctly describes an 'expired license'?
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Study Notes
Definitions Overview
- "Administrative fee" encompasses costs for administrative services set by the department.
- "Board" refers to a licensing entity under Title 2, chapter 15, governing professional regulations, linked to the department under 2-15-121.
- "Board fee" includes:
- Fees established by the board for program costs.
- Any fees defined by legislation specific to boards and department programs.
Department and Program
- "Department" is identified as the department of labor and industry, established in 2-15-1701.
- "Department program" indicates programs run by the department that operate independently of any board.
License Status Definitions
- "Expired license" pertains to licenses not reactivated within 46 days to 2 years after their renewal date.
- "Lapsed license" marks a license not renewed by the official renewal date; it can be reactivated within 45 days post-renewal.
- "License" constitutes authorization to practice a profession, which can vary in terminology (e.g., permit, certificate).
- "Terminated license" is a status where a license cannot be used again unless fully reactivated after 2 years of lapsing.
License Renewal and Reactivation Process
- Renewal dates for licenses are established by department rules, with prior notice provided to licensees.
- License renewal requires submission of a completed form, meeting certification/continuing education requirements, and payment of renewal fees before the deadline.
Lapsed and Expired Licenses
- A lapsed license can be reactivated within 45 days post-renewal date by fulfilling certification and educational requirements.
- An expired license can be reactivated within 2 years after the renewal date, contingent on meeting accrued certification and educational requirements.
Reactivation Requirements
- To reactivate either a lapsed or expired license, the following must be done:
- Submit a completed renewal form
- Pay the late penalty fee
- Pay the current renewal fee as outlined by the department or board
Practice Regulations
- A licensee practicing with a lapsed license is not deemed to be practicing without a license.
- A licensee practicing after a license expires is considered to be practicing without a license.
License Termination
- If a license is not renewed within 2 years of its latest renewal date, it automatically terminates.
- A terminated license cannot be reactivated; a new original license must be sought.
Jurisdiction and Disciplinary Actions
- Licensing authorities retain jurisdiction over a licensee for disciplinary reasons for 2 years following license lapse.
- Compliance with regulations is essential to maintain or reactivate a professional license without disciplinary actions.
Complaint Submission Process
- Individuals, government bodies, or private entities can file a written complaint against a licensee or license applicant for violations.
- The complaint must specify the grounds for the charges against the licensee or applicant.
Investigation Protocols
- If a complaint is received, the department may investigate to establish reasonable cause for the alleged violation.
- Complaints based on the free exercise clause or free speech clause must be dismissed, and investigations halted.
Good Faith Immunity
- Individuals or private entities filing complaints in good faith are immune from civil suit related to the complaint's content or filing.
Notice and Hearing Request
- If reasonable cause for a violation is found, the department will prepare and serve a notice to the alleged violator via certified mail or authorized methods.
- Licensees or applicants must provide and update their current address to the department within 30 days of any change.
Hearing Procedure
- The notice will inform the licensee or applicant of their right to request a hearing to contest the charges.
- Hearing requests must be written and submitted within 20 days of receiving the notice.
- Failure to request a hearing results in a default decision based on available evidence from the department.
Complaint Submission Process
- Individuals, government bodies, or private entities can file a written complaint against a licensee or license applicant for violations.
- The complaint must specify the grounds for the charges against the licensee or applicant.
Investigation Protocols
- If a complaint is received, the department may investigate to establish reasonable cause for the alleged violation.
- Complaints based on the free exercise clause or free speech clause must be dismissed, and investigations halted.
Good Faith Immunity
- Individuals or private entities filing complaints in good faith are immune from civil suit related to the complaint's content or filing.
Notice and Hearing Request
- If reasonable cause for a violation is found, the department will prepare and serve a notice to the alleged violator via certified mail or authorized methods.
- Licensees or applicants must provide and update their current address to the department within 30 days of any change.
Hearing Procedure
- The notice will inform the licensee or applicant of their right to request a hearing to contest the charges.
- Hearing requests must be written and submitted within 20 days of receiving the notice.
- Failure to request a hearing results in a default decision based on available evidence from the department.
Findings of Fact and Orders
- The department is responsible for preparing findings of fact and conclusions of law if a violation is found by a preponderance of the evidence.
- If a licensee or applicant is not found in violation, an order of dismissal is issued.
Public Reporting Requirements
- The department must report to the public summary suspensions, notices, stipulations, proposed decisions, and final orders in a timely manner.
- Information must be made available on a public website, although meetings may not be required to be open.
Sanctions for Violations
- Upon finding a violation or inability to practice safely, the department can impose various sanctions:
- Revocation or suspension of the license, either fixed or indefinite.
- Restrictions on practice.
- Completion of remedial education or treatment programs.
- Monitoring by an approved supervisor.
- Public or private censure or reprimand.
- Compliance with probation conditions.
- Fines of up to $1,000 for each violation.
- Denial of license applications.
- Refund of fees collected from consumers.
Financial Implications
- Fines collected due to disciplinary actions are deposited into the state general fund.
Sanction Considerations
- The department prioritizes public protection and compensation when determining sanctions before considering rehabilitation requirements for the licensee or applicant.
Stipulated Agreements
- Licensees or applicants can enter into informal stipulations that resolve charges, incorporating possible sanctions from this section.
License Surrender
- Licensees must surrender suspended or revoked licenses within 24 hours of notification, either by mailing or delivering it to the department.
Unprofessional Conduct for Licensees and Applicants
- Conviction of a crime related to professional duties or involving violence, drug-related offenses, fraud, or theft disqualifies a licensee.
- Helping others to violate licensure laws or committing fraud during application or examination violates professional standards.
- Issuing documents with false or misleading statements is considered unprofessional conduct.
- Misleading advertisements and fraudulent representations in professional practice are prohibited.
- Offering or promising anything of value to influence government officials is unprofessional.
- Not complying with license conditions or receiving disciplinary actions without appeal is grounds for unprofessional conduct.
- Physical or mental disabilities that affect professional competency may disqualify a licensee.
- Misappropriation of client funds or property is a serious violation.
- Interfering with investigations, misrepresentation, or threatening clients/witnesses during disciplinary proceedings is unprofessional.
- Assisting unlicensed practice is not permitted, and substance abuse impairing professional duties is unacceptable.
- Conduct that doesn't meet accepted professional standards is grounds for sanctions.
Investigations and Penalties
- The department can investigate complaints against unlicensed individuals practicing a regulated profession.
- Violators of injunctions against unlicensed practice may face contempt of court, fines up to $5,000, and potential criminal charges.
- Practicing without a license is classified as a misdemeanor; penalties include fines ranging from 250to250 to 250to1,000 and possible jail time.
Education and Licensure Requirements
- License renewal may require participation in continuing education, though random audits can be performed post-renewal.
- Property manager licensing requires applicants to be 18+, hold a high school diploma or equivalent, complete approved educational courses, and pass the required exam.
Responsibilities of Property Managers
- A property manager must maintain a designated office and communicate any address changes to the department within 10 days.
- It is illegal for licensed property managers to hire unlicensed individuals for tasks regulated under this part.
Overview of Definitions and Regulations
- "Department" refers to the Department of Labor and Industry overseeing licensing.
- "Property manager" includes individuals involved in leasing, renting, or managing real estate without transferring property title.
- "Trust account" defines an account for real estate trust funds where withdrawals can be made without delay, ensuring proper financial management.
Compliance and Citation Powers
- Department employees can issue citations for noncompliance with trust account rules, resulting in fines of $1,000 for each violation.
- Recipients of citations must respond within 5 business days with either payment or a dispute regarding the violation.
Exemptions from Licensing
- Certain individuals, including owners and relatives, may be exempt from property manager licensing requirements under specific conditions.
- A broker or licensed salesperson can act as a property manager but must have supervision.
Qualification Requirements for Property Manager License
- Minimum age requirement is 18 years.
- Educational requirement includes graduation from an accredited high school or equivalent education recognized by the department.
- Applicants must submit a licensure application to the relevant department.
- Completion of an approved educational course is mandatory.
- Applicants must pass a department-prescribed examination.
Educational Course Content
- Required course must cover real estate leasing principles.
- Course must include real estate leasing law.
- Additional related topics are included in the curriculum to ensure comprehensive knowledge.
License Status Definitions
- Active Status: Allows licensees to practice while complying with board requirements.
- Inactive Status: Does not authorize practice; requires renewal as prescribed.
- Expired License: Not renewed within 45 days to two years after the expiration date; can be reactivated.
- Lapsed License: Not renewed by the license renewal date; can be reactivated within 45 days.
- Suspended License: License ceases practice privileges due to disciplinary action; reinstatement conditions apply.
- Terminated License: Not renewed or reactivated within two years; cannot be reactivated, requires a new original license.
Fees and Penalties
- Administrative Fees: Include duplicate license (5),licenseverification(5), license verification (5),licenseverification(20), and reinstatement of administratively suspended licenses ($120).
- Late Penalty Fee: 100% of the renewal fee for delays in renewal; applicable for each renewal period missed.
- Renewal Fee Adjustments: Renewal fee for suspended licenses is 50% of the regular fee; inactive to active status change fee is based on the difference between license types.
Application and Renewal Processes
- Timely Application Submission: Must include truthful information, required documentation, and appropriate fees with a USPS postmark by the renewal date.
- Reactivation: Lapsed or expired licenses can be renewed by submitting required information and fees within designated timeframes (45 days for lapsed, up to two years for expired).
- New Original License: Issued after termination; must meet all current licensing requirements.
Disciplinary Actions
- Disciplinary Orders: Final orders imposing sanctions must be published unless based on minor administrative failures or failure to meet licensure qualifications.
- Criminal Convictions Criteria: Evaluate the relationship of convictions to public health and safety, including the nature of the crime and rehabilitation status.
- Reporting Requirements: Applicants do not need to report certain arrests or juvenile convictions, and specific misdemeanors under certain conditions.
Continuing Education and Course Requirements
- Pre-Licensing Course: 30-hour approved course required; topics include landlord-tenant law, fair housing laws, and agency.
- Course Approval Duration: Valid for three years; online courses need ARELLO certification.
- Continuing Education for Renewing Licensees: Must complete at least 12 hours annually, focusing on professional knowledge and competence.
Renewal Dates
- Property Manager License: Must be renewed annually by October 31st.
- Grace Periods: Set by department or board rules; untimely applications incur late fees.
Application Fees
- Original Application and Renewal Fee: Both set at $50, nonrefundable; examination fees are paid directly to the testing service.### Continuing Education (CE) Requirements
- New licensees must complete four hours of property management trust account CE before their first renewal date.
- If no course is available before the renewal date, the course must be completed when next offered.
- Licensees are required to maintain CE documentation and make it available upon request.
- Noncompliance with CE requirements can lead to administrative suspension.
- CE courses must be re-approved every three years and cover all related topics in Property Management Business and Laws.
- Instructors must have ARELLO certification to teach approved CE courses.
- After the first renewal, licensees must complete 12 hours of CE each year.
- Record keeping of all CE credits is essential to avoid suspension.
Unprofessional Conduct Regulations
- Unprofessional conduct includes violating any relevant federal, state, or local law.
- Engaging services on behalf of another party requires informing and obtaining consent from the person responsible for payment.
- Any family, financial, or interest relationship with an engaged entity must be transparently disclosed.
- A written property management agreement signed by the owner is necessary for managing another’s property.
- Charging or accepting undisclosed commissions, rebates, or profits on expenditures for a principal is prohibited.
- Licensees must adequately supervise their employees to avoid misconduct.
- Cooperation with department requests is mandatory; failing to respond can constitute unprofessional conduct.
- Practicing with an expired or terminated license is unprofessional; selling a licensee's business without a valid license is not considered as practicing.
- Any act of sexual abuse, misconduct, or exploitation, regardless of its relation to professional practice, is deemed unprofessional conduct.
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