Ala. Admin. Code r. 790-X-1-.18
Current through Register Vol. 43, No. 02, November 27, 2024
Section 790-X-1-.18 - Reciprocal License Requirements(1) Applicants for a reciprocal license shall have a current license in a qualifying state either on active or inactive status which is not a reciprocal or nonresident license. A qualifying state is one in which the applicant completed prelicense course work and passed a comprehensive examination which contained general real estate in addition to state law. This shall be evidenced by a certification of licensure (licensed history) that is obtained from the qualifying state within the 120 days immediately prior to the issuance of an Alabama license. For initial licensure as a reciprocal salesperson or broker, at minimum the certification of licensure shall show:(a) Name and address of the licensee; and(b) Status of the license (current, renewed, not renewed, expired, lapsed, etc.) and(c) Type of license (salesperson, broker, etc.); and(d) Period of time the license has been active and inactive over at least the previous 36 months; and(e) If the applicant passed on examination; and(f) Whether the examination consisted of the national and state portion or only the state portion; and(g) Record of any disciplinary action against the licensee; and(h) Any other documentation the Commission may require.(2) Persons who hold an entry level license in the qualifying state; i.e., a salesperson license in most states, shall apply for a reciprocal salesperson license in Alabama provided all other eligibility requirements are met. For single licensing states, the first level of broker licensing equates to salesperson licensing in Alabama.(3) Persons who hold a license that is beyond entry level in a qualifying state, i.e., a broker license in most states, shall apply for a reciprocal broker license in Alabama provided all other eligibility requirements are met. For single licensing states, the second level of licensing or higher equates to broker licensing in Alabama.(4) If potential reciprocal applicants have questions regarding their eligibility for licensure, they shall submit a "Request for Determination of Reciprocal Licensing Eligibility" along with a certification of licensure to the Commission for review and determination of eligibility. The form may be obtained from the Commission website.(5) In addition to license requirements in Section 34-27-32(a) and (b) of License Law, applicants for a reciprocal salesperson or a reciprocal broker license shall meet the following requirements before applying for a reciprocal license. (a) Complete six (6) hours of reciprocal salesperson prelicense or reciprocal broker prelicense coursework prescribed by the Commission in order to qualify for the reciprocal license examination. These six hours of coursework shall not qualify for continuing education credit.(b) Pass the reciprocal salesperson or reciprocal broker license examination offered by the testing agency under contract with the Commission. The examination appointment shall be made, and the examination fee paid to the testing agency as published in the Candidate Handbook. When the registration has been processed, the applicant shall be notified of the time to report to the exam center. Unscheduled candidates shall not be admitted.(6) An examination fee shall be paid for each scheduled examination whether or not the applicant takes the exam unless the applicant is rescheduled in accordance with policies as specified in the Candidate Handbook. Applicants who fail the examination may retake the examination by following application procedures as outlined in Alabama Candidate Handbook.(7) Reciprocal salesperson and reciprocal broker license applicants shall pass the examination within six (6) months immediately following the date of completion of the reciprocal prelicense course approved by the Commission. Reciprocal applicants who fail to meet this requirement shall be required to again successfully complete the appropriate reciprocal prelicense course and pass the appropriate reciprocal license examination.(8) The passing for both the reciprocal salesperson and reciprocal broker examinations shall be seventy (70). A time limit of one hour is allotted for completion of the required examination.(9) Upon completing the course hours, the administrator shall electronically submit the course credit to the Commission. Reciprocal applicants shall not be allowed to schedule the reciprocal salesperson examination or reciprocal broker examination until course credit has been submitted.(10) Instructors and administrators shall provide each student who completes the reciprocal salesperson or reciprocal broker prelicense course with instructions on where to access the Commission-approved prelicense course evaluation. Instructors and administrators shall also provide each student with information explaining the licensing process and deadlines.(11) Reciprocal licensees shall meet continuing education requirements by complying with either paragraph (a) or paragraphs (b) and (c) below:(a) Complete the appropriate 15 hours of continuing education courses approved by the Alabama Real Estate Commission.(b) Submit to the Commission a certification of licensure or letter that is issued by the regulatory agency in the state where prelicense course work was completed and the licensing examination was passed. The certification of licensure or letter shall at minimum show:2. the license is active and current at least through October 1 of the calendar year during which the Alabama license is being renewed.3. a full licensing examination, not just state portion, was passed in that state.(c) The certification of licensure or letter in paragraph (b) above shall be dated no earlier than June 1 of the final year of the Alabama license period and shall be received by the Commission no later than September 30 of the final year of the Alabama license period.(12) If continuing education requirements are not satisfied by the prescribed deadline the reciprocal licensee shall be automatically placed on inactive status and subject to all reactivation requirements as provided in § 34-27-35, Code of Ala. 1975.(13) Spouses of active duty military who are reciprocal license applicants are subject to the provisions in this section of the rule with the exception that, after first filing with the Commission a complete application, certification of licensure from their qualifying state, and proof of their spouse's active service, they shall have their initial license fee waived and their reciprocal licenses expedited. The appropriate reciprocal salesperson or broker license will be issued under a temporary status of no longer than 180 days with the exception that education, examination and any remaining requirements will be met during that time. Upon the completion of all reciprocal licensing requirements a full license will be issued. However, should the remaining requirements not be met within 180 days the temporary license will expire and the license not reissued.Ala. Admin. Code r. 790-X-1-.18
Filed November 21, 1983. Ed Note: This rule was formerly Rule No 790-X-1-.11. It was moved in its entirety to become Rule No when new Rule No 790-X-1-.11 entitled "Continuing Education Course Approval and Requirements" was adopted and filed on August 27, 1986. Amended: Filed January 31, 1989. Amended: Filed June 9, 1994, effective July 14, 1994. Amended: Filed May 5, 1995; effective June 9, 1995. Repealed: Filed August 23, 1996; effective September 27, 1996. New Rule: Filed August 27, 2009; effective October 1, 2009.Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 12, September 30, 2014, eff. 10/2/2014.Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 11, August 31, 2016, eff. 10/1/2016.Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 11, August 31, 2017, eff. 10/9/2017.Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 08, May 31, 2019, eff. 6/10/2019.Author: Alabama Real Estate Commission
Statutory Authority:Code of Ala. 1975, §§ 34-27-6, 34-27-8; 34-27-32; 34-27-35.