Section 70-02-01-02 - Application for license1. No application for either a broker's or salesperson's license will be accepted from a person under the age of eighteen years.2. All applications must be filed with the commission before an examination, complete in every detail with every question answered and correct fees submitted.3. It shall be incumbent upon the applicant for a real estate broker's license to submit the applicant's proofs of qualification pursuant to subsection 3 of North Dakota Century Code section 43-23-08. Broker applicants wishing to qualify under the two-year experience requirement shall be required to submit to the commission a letter from said applicant's broker or brokers that the applicant has been actively engaged in the real estate business as a salesperson for at least two years. "Actively engaged" means that the applicant must have devoted the applicant's full time as a licensed real estate salesperson. The foregoing shall be certified by a licensed real estate broker.
4. Each application for license shall be made on application forms provided by the real estate commission.5. After an application is filed, no refund of application fee will be made to any applicant.6. The commission may deny any application for license when one or more of the following conditions are present: a. The application contains any false statement.b. An investigation fails to show affirmatively that the applicant possesses in every instance the necessary qualifications.c. The applicant has acted or attempted to act in violation of North Dakota Century Code chapter 43-23 or this title.d. The applicant has had a real estate license suspended or revoked in North Dakota or another state.e. The applicant has issued one or more checks or drafts which have been dishonored by a payor bank because: (2) The account was closed; or(3) The account did not contain sufficient funds to pay the check or draft in full upon its presentment.f. The applicant's credit history shows the existence of unpaid and overdue judgments, liens, or other debt obligations which, for the protection of the public, requires that the application be denied.7. If the application and supporting documents on their face show that the applicant is qualified, but from complaints and information received or from investigation it shall appear to the commission at any time before the initial license is delivered, that there may be cause to deny a license, the commission may order a hearing to be held to consider such complaints or information.8. The commission may require such other proof as may be deemed advisable of the honesty, truthfulness, and good reputation of any applicant, including the officers and directors of any corporation, or the members of any copartnership or association making such application, before accepting an application for license.9. Inquiry and investigation may be made by the commission as to the financial responsibility of each applicant.10. When a corporation submits its application for a license, the application must be accompanied by a copy of the articles of incorporation and a certificate of authority issued by the secretary of state.11. When a partnership submits its application for a license, the application must be accompanied by a copy of the partnership agreement.12. An applicant for licensure in another state may request the commission to certify to such other state that the applicant is a licensee of this state. A fee as set by the commission shall accompany the request.13. An application for an organization to be licensed for a salesperson, broker associate, or broker pursuant to North Dakota Century Code section 43-23-05.1 must be accompanied by a one-time license fee of not more than three hundred dollars, as set by the commission. The individual who owns the organization must possess and maintain a valid and active real estate license in order for the organization to be licensed. The failure to do so will cause the organization's license to become inactive and invalid. The fee must be paid each time the organization's license is activated.N.D. Admin Code 70-02-01-02
Amended effective August 1, 1981; May 1, 1986; January 1, 1992; February 1, 2004; January 1, 2006; April 1, 2008.Amended by Administrative Rules Supplement 2022-385, July 2022, effective 7/1/2022.General Authority: NDCC 28-32-02, 43-23-08(6)
Law Implemented: NDCC 43-23-05.1, 43-23-08, 43-23-09, 43-23-11.1