§ 20-314 — License qualifications. Examinations. Renewals. Fees. Reinstatement. Hearings.

Connecticut § 20-314

• Jurisdiction: Connecticut
• Title 20: Professional and Occupational Licensing, Certification, Title Protection and Registration. Examining Boards
• Ch. 392: Real Estate Licensees

Text

(a) Licenses shall be granted under this chapter only to persons who bear a good reputation for honesty, truthfulness and fair dealing and who are competent to transact the business of a real estate broker or real estate salesperson in such manner as to safeguard the interests of the public. (b) Each application for a license or for a renewal thereof shall be made in writing, on such forms and in such manner as is prescribed by the department. (c) In order to determine the competency of any applicant for a real estate licensee's license, the commission or Commissioner of Consumer Protection shall, on payment of an application fee of one hundred twenty dollars by an applicant for a real estate broker's license or an application fee of eighty dollars by an applicant for a real estate salesperson's license, subject such applicant to personal written examination as to the applicant's competency to act as a real estate broker or real estate salesperson, as the case may be. Each examination shall be prepared by the department or by a national testing service designated by the commissioner and shall be administered to applicants by the department or by such testing service at such times and places as the commissioner may deem necessary. The commission or commissioner may waive the uniform portion of the written examination requirement in the case of an applicant who has taken the national testing service examination in another state within two years from the date of application and has received a score deemed satisfactory by the commission or commissioner. The commissioner shall adopt regulations, in accordance with chapter 54, establishing passing scores for examinations. In addition to such application fee, applicants taking the examination administered by a national testing service shall be required to pay directly to such testing service an examination fee covering the cost of such examination. Each payment of such application fee shall entitle the applicant to take such examination within the one-year period from the date of payment. (d) (1) Each applicant shall, before being admitted to such examination, prove to the satisfaction of the commission or the Commissioner of Consumer Protection that the applicant (A) (i) has been actively engaged as a licensed real estate salesperson under the supervision of a supervising licensee, who is licensed in this state, for a minimum period of three years immediately preceding the date the applicant filed such applicant's application, during which period such salesperson engaged in the real estate business for at least one thousand five hundred hours and such supervising licensee, or such supervising licensee's authorized representative, has certified the accuracy of a record of such applicant's active engagement on a form provided by such applicant to such supervising licensee or authorized representative, (ii) has successfully completed a course approved by the commission or commissioner in real estate principles and practices of at least sixty classroom hours of study, (iii) has successfully completed a course approved by the commission or commissioner in real estate legal compliance consisting of at least fifteen classroom hours of study, (iv) has successfully completed a course approved by the commission or commissioner in real estate brokerage principles and practices consisting of at least fifteen classroom hours, (v) has successfully completed two elective courses, each consisting of fifteen classroom hours of study, as prescribed by the commission or commissioner, and (vi) has represented a seller, buyer, lessor or lessee in at least four real estate transactions that closed during the three years immediately preceding the date on which such applicant filed such applicant's application, or (B) has equivalent experience or education as determined by the commission or commissioner. Each supervising licensee, or authorized representative of such supervising licensee, shall certify the accuracy or inaccuracy of a record provided by an applicant to such supervising licensee or authorized representative under subparagraph (A)(i) of this subdivision not later than ninety days after such applicant provides such record to such supervising licensee or authorized representative. (2) The commission or the commissioner shall waive the elective courses under subparagraph (A)(v) of subdivision (1) of this subsection if the applicant has successfully completed at least twenty real estate transactions within five years immediately preceding the date of application. (3) Each applicant for a real estate salesperson's license shall, before being admitted to such examination, prove to the satisfaction of the commission or the commissioner that the applicant (A) has successfully completed a course approved by the commission or commissioner in real estate principles and practices consisting of at least sixty classroom hours of study, or (B) has equivalent experience or education as determined by the commission or commissioner. (e) The provisions of subsections (c) and (d) of this section shall not apply to any renewal of a real estate broker's license, or a real estate salesperson's license issued prior to October 1, 1973. (f) All licenses issued under the provisions of this chapter shall expire biennially. At the time of application for a real estate broker's license, there shall be paid to the department, for each individual applicant and for each business entity, the sum of one thousand one hundred thirty dollars, and for the biennial renewal thereof, the sum of seven hundred fifty dollars, except that for licenses expiring on March 31, 2022, a prorated renewal fee shall be charged to reflect the fact that the March 2022, renewal shall expire on November 30, 2023. At the time of application for a real estate salesperson's license, there shall be paid to the department five hundred seventy dollars and for the biennial renewal thereof the sum of five hundred seventy dollars. Six dollars of each such biennial renewal fee shall be payable to the Real Estate Guaranty Fund established pursuant to section 20-324a . A real estate broker's license issued to any business entity shall entitle the designated broker, upon compliance with the terms of this chapter, but without the payment of any further fee, to perform all of the acts of a real estate broker under this chapter on behalf of such business entity. Any license which expires and is not renewed on or before the ninetieth day following the expiration date of such license may be reinstated by the commission or department, in the commission's or department's discretion, provided such license has expired for less than three years and the former licensee (1) attests that such former licensee did not work in this state in the occupation or profession in which such former licensee was licensed while such former licensee's license was lapsed, (2) pays the renewal fee due for such license for the year in which such license is reinstated, and (3) completes any continuing education required for such license for the year preceding such reinstatement. If an applicant for reinstatement worked in this state in the occupation or profession in which such applicant was formerly licensed while such license was lapsed, the applicant shall pay all license and late fees due and owing for the lapse period and demonstrate that such applicant has completed all continuing education required for such license for the year preceding such reinstatement. Such late fees shall be assessed for each real estate broker's license in the amount of three hundred seventy-five dollars and for each real estate salesperson's license in the amount of two hundred eighty-five dollars for each year or fraction thereof from the date of expiration of the previous license to the date of payment for reinstatement. If a license has lapsed for at least three years, the former licensee is ineligible for reinstatement under this subsection and may apply for a new license. Notwithstanding any contrary provision of this subsection, a former licensee whose license expired after such former licensee entered military service shall be reinstated without payment of any fee if an application for reinstatement is filed with the commission or department before the third anniversary of such expiration date, and the former licensee provides evidence that is sufficient to demonstrate to the commission or department that such former licensee completed at least six hours of continuing education for such license, including, but not limited to, the mandatory continuing education required for such license, during the calendar year preceding the date on which such application for reinstatement is filed. Any such reinstated broker's license shall expire on the next succeeding November thirtieth. Any such reinstated real estate salesperson's license shall expire on the next succeeding May thirty-first. (g) Following a denial of a license or license renewal application filed under this section, the department shall send a notice to the applicant who filed such application disclosing such denial and that such applicant may request a hearing by submitting to the Commissioner of Consumer Protection a written hearing request not later than thirty days after the date such denial notice was sent to such applicant. If the applicant requests a hearing during such thirty-day period, the department shall send a notice to such applicant disclosing the grounds for such denial and conduct a hearing concerning such denial in accordance with the provisions of chapter 54. If the commissioner's denial is sustained after such hearing, the applicant may file a new application for such license or license renewal not sooner than one year after the date on which such denial was sustained. See Sec. 10a-125 re use of real estate brokers' license fees for maintenance of University of Connecticut Center for Real Estate and Urban Studies. See Sec. 21a-10(b) re staggered schedule for license renewals.

Legislative History

(1953, 1955, S. 2343d; 1959, P.A. 349, S. 1; 462, S. 1; 1961, P.A. 159; February, 1965, P.A. 621, S. 6; 1967, P.A. 445, S. 1, 2; 1969, P.A. 12, S. 1; 398, S. 1; 1971, P.A. 381, S. 1; June, 1971, P.A. 8, S. 92; 1972, P.A. 223, S. 23; P.A. 73-163, S. 2; 73-259, S. 3, 4; 73-616, S. 42; P.A. 77-614, S. 223, 224, 610; P.A. 80-150, S. 1, 2; P.A. 81-361, S. 19, 39; P.A. 82-165; 82-422, S. 6, 14; P.A. 84-140; P.A. 85-41; 85-613, S. 54, 154; P.A. 88-329, S. 6, 15; P.A. 89-251, S. 125, 203; P.A. 90-332, S. 7, 31, 32; P.A. 91-229, S. 6, 19; P.A. 93-354, S. 9, 54; P.A. 94-36, S. 13, 41, 42; P.A. 96-200, S. 9; P.A. 98-10, S. 8; P.A. 99-231, S. 2, 7; P.A. 03-14, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146; P.A. 04-169, S. 17; 04-189, S. 1; P.A. 07-214, S. 1; June Sp. Sess. P.A. 09-3, S. 242; P.A. 10-9, S. 10; P.A. 13-196, S. 10; P.A. 15-98, S. 1; P.A. 16-185, S. 25, 26; P.A. 21-37, S. 26; 21-167, S. 3; P.A. 23-84, S. 11.) History: 1959 acts amended Subsec. (c) to provide for examination fee and waiting period for reexamination and amended Subsec. (d) by increasing fee for broker's license from $15, doubling salesman's fee and deleting special fees for licenses held six months or less; 1961 act amended Subsec. (c) by restating and clarifying provision allowing applicants to take examination three times for each $5 fee paid and reducing maximum waiting period for reexamination from six to five months; 1965 act increased broker's license fee in Subsec. (d) from $25; 1967 act amended Subsec. (c) to add prerequisites for examination and stating that provisions of Subsec. (c) do not apply to renewals of broker's licenses; 1969 acts amended Subsec. (c) to raise application fee from $5 to $15 for broker's license and from $5 to $10 for salesman's license and to impose extra $5 charge for second and following reexaminations and amended Subsec. (d) to reflect change from annual to biennial renewal as of October 1, 1969, doubling fees accordingly and adding proviso re licenses which will expire less than one year after issuance; 1971 acts deleted “and without furnishing a separate bond” in Subsec. (d) re entitlements of partnership, corporation, etc. upon receipt of its broker's license, deleted obsolete reference to October 1, 1969, established fee differential between initial license and renewals, raising initial license fee for broker's license from $70 to $150 and setting renewal fee of $200 and raising initial fee for salesman's license from $20 to $75 and setting renewal fee of $150; 1972 act amended Subsec. (d) to reflect return to annual renewal, halving fees accordingly and changing renewal date from September thirtieth to April thirtieth; P.A. 73-163 amended Subsec. (c) to require that all prerequisites be met where previously one was required and to revise prerequisites for broker's license amending Subdiv. (1) to require two years, rather than one year, as salesman and to delete study course of 24 hours, amending Subdiv. (2) to require 30, rather than 24 class room hours and to delete requirement for high school diploma, amending Subdiv. (3) to require 30, rather than 24 classroom hours in real estate “appraisal” rather than in “principles and practices” and to delete requirement for 24 additional hours, replacing previous Subdiv. (4) now contained in Subdiv. (1) with new Subdiv. (4) requiring 30-hour course of study, to add prerequisites for salesman's license and to exempt from provisions licenses issued before October 1, 1973; P.A. 73-259 added proviso in Subsec. (d) covering interim period created by switch from biennial to annual renewal; P.A. 73-616 amended Subsec. (c) to raise application fee from $5 to $15 for broker's license and from $5 to $10 for salesman's license, reaffirming changes made in 1969 which apparently were never enacted; P.A. 77-614 clarified responsibilities for examinations dividing duties between commission and consumer protection department in Subsec. (c) and replaced notice and hearing provisions in Subsec. (e) with statement that notice and hearing shall be as provided in consumer protection commissioner's regulations, effective January 1, 1979; P.A. 80-150 amended Subsec. (c) to include provisions for alternative examinations by national testing service and to delete provision re $5 fee for second and subsequent reexaminations; P.A. 81-361 specified that application forms are to be prescribed by the department rather than by commission on and after July 1, 1981; P.A. 82-165 permitted the real estate commission to waive the national testing service portion of the examination if the applicant received a satisfactory score on such exam taken in another state within two years of his application date; P.A. 82-422 amended Subsec. (c) to require commissioner to establish passing scores for examination; P.A. 84-140 amended Subsec. (d) to allow for the reinstatement of expired licenses; P.A. 85-41 amended Subsec. (c) to allow the applicant to take the examination four, rather than three, times per year, and eliminated the commission's authority to require a waiting period before reexamining an applicant; P.A. 85-613 made technical changes, deleting obsolete provisions re licenses issued prior to May 1, 1973; P.A. 88-329 amended section to establish license qualifications, examination requirements, renewal and reinstatement procedures, fees and the right to a hearing for real estate appraisers and residential appraisers, effective July 1, 1989; P.A. 89-251 amended Subsec. (c) to increase the examination fee for a real estate broker's license or a real estate appraiser's license from $15 to $60 and to increase the examination fee for a real estate salesman's license or residential real estate appraiser's license from $10 to $40 and amended Subsec. (f) to increase the fee for a real estate broker's license or real estate appraiser's license from $150 to $450, to increase the fee for a real estate salesman's license or a residential real estate appraiser's license from $75 to $225 to increase the reinstatement fee for a real estate broker's license or a real estate appraiser's license from $100 to $300 and to increase the reinstatement fee for a real estate salesman's license or a residential appraiser's license from $75 to $225; P.A. 90-332 amended section to include references to the real estate appraisal commission, to add provisions re licensing, certification, examinations and educational requirements for general certified and residential certified appraisers and changed the expiration date for all licenses to April thirtieth of each year; P.A. 91-229 amended the section to clarify the licensing, education and certification of residential and general appraisers, made provisions for out-of-state residential and general appraisers, deleted the references to general certified and residential certified appraisers, simplified the application and fee structure for appraisers and real estate salesmen and brokers, added a requirement that the commissioner of consumer protection make a roster of the real estate appraisers and submit it to the appropriate federal regulatory agency and added provision specifying that real estate salesmen and brokers seeking a residential appraiser's license or renewal, with the proper educational and experience requirements, shall not be required to pay the fee for such license or renewal until April 30, 1992; P.A. 93-354 deleted former Subsec. (d)(3) and (4) re qualifications for general appraiser's and residential appraiser's licenses, deleted former Subsec. (f) re qualifications for real estate appraiser's certificate, relettering Subsecs. (g) and (h) as (f) and (g), deleted provisions re appraisers' license and certificate fees in relettered Subsec. (f) and deleted all other references to real estate appraisers throughout section, effective in accordance with Sec. 20-528; P.A. 94-36 amended Subsec. (g) to delete the specific license renewal date of “April thirtieth”, effective January 1, 1995, and changed effective date of P.A. 94-354 but without affecting this section; P.A. 96-200 substituted “salesperson” for “salesman”; P.A. 98-10 made technical changes; P.A. 99-231 amended Subsec. (f) to add provision that $3 of renewal fee is payable to Real Estate Guaranty Fund, effective June 29, 1999; P.A. 03-14 amended Subsec. (d) to substitute 60 classroom hours for 30 classroom hours, effective October 1, 2004; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-214 deleted provision re $5.00 annual eligibility renewal fee in Subsec. (c), effective July 1, 2007; June Sp. Sess. P.A. 09-3 increased fees in Subsecs. (c) and (f); P.A. 10-9 amended Subsec. (c) to delete provision entitling applicant to take examination 4 times within one-year period, effective May 5, 2010; P.A. 13-196 amended Subsec. (f) by deleting provision re April 30 expiration date for reinstated licenses and adding provision re reinstated license expiration date of March 31 for real estate brokers and May 31 for real estate salespersons, effective June 21, 2013; P.A. 15-98 amended Subsec. (d) to add reference to July 1, 2016, substitute 15 classroom hours of real estate legal compliance for 30 classroom hours of real estate appraisal, substitute 15 classroom hours of real estate brokerage principles and practices for 30 classroom hours of course approved by commission, and add Subpara. (A)(v) re 2 elective courses of 15 classroom hours each in Subdiv. (1), add new Subdiv. (2) re commission waiver of elective courses, redesignate existing Subdiv. (2) as Subdiv. (3), and make technical changes, effective July 1, 2016; P.A. 16-185 amended Subsec. (c) to delete references to payment of application fee to commission and amended Subsecs. (c) and (d) to add references to Commissioner of Consumer Protection, effective July 1, 2016; P.A. 21-37 amended Subsec. (f) to add provision re prorated renewal fee, delete provision re return of fee if license not issued, replace March 31 with November 30 for expiration date for broker's license and make technical changes, effective June 4, 2021; P.A. 21-167 amended Subsec. (d) by redesignating former Subdiv. (1) as Subdiv. (1)(A) and adding “but before January 1, 2022,” in redesignated Subdiv. (1)(A), and adding new Subdiv. (1)(B) re applicants applying for real estate broker's license on or after January 1, 2022, and making technical and conforming changes, effective January 1, 2022; P.A. 23-84 amended Subsec. (b) by deleting provision re submit evidence and information required by Real Estate Commission, amended Subsec. (c) by substituting reference to real estate licensee for references to real estate broker and real estate salesperson, deleted former Subsec. (d)(1)(A) re applicants applying during the period beginning July 1, 2016, and ending December 31, 2021, redesignated Subsec. (d)(1)(B) as Subsec. (d)(1) and amended same by redesignating Subsecs. (d)(1)(B)(i) and (ii) as Subsecs. (d)(1)(A) and (B) and Subsecs. (d)(1)(B)(i)(I) to (VI) as Subsecs. (d)(1)(A)(i) to (vi), substituting provision re supervising licensee for provision re licensed real estate broker in redesignated Subsec. (d)(1)(A)(i) and substituting references to real estate licensee for references to real estate broker and real estate salesperson throughout, amended Subsec. (d)(2) by deleting definition of “real estate transaction”, substantially amended Subsec. (f) by substituting “biennially” for “annually”, references to Department of Consumer Protection for references to Real Estate Commission, references to business entity for references to firm, partnership, association or corporation and reference to designated broker for reference to individual designated on application, modifying amounts of fees and substantially modifying provisions re reinstatement of expired and lapsed licenses, substantially amended Subsec. (g) including provisions re hearing following denial of license or license renewal, and made technical and conforming changes throughout, effective April 1, 2024. Cited. 144 C. 647. Cited. 36 CS 217.