§ 40-57-115 — Criminal background checks required for initial applicants and licensure renewals.

In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure as an associate, broker, broker-in-charge, property manager, and property manager-in-charge, the commission shall require initial applicants and applicants for licensure renewal to submit to a state fingerprint-based criminal records check, to be conducted by the State Law Enforcement Division (SLED); a national criminal records check, supported by fingerprints, by the FBI; and a social-security-number-based criminal records check from a source approved by the commission. Costs of conducting a criminal records check must be borne by the applicant. The commission shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as necessary to support the administrative action.

Legislative History

HISTORY: 2014 Act No. 258 (S.75), SECTION 1, eff June 9, 2014; 2016 Act No. 170 (S.1013), SECTION 1, eff January 1, 2017; 2017 Act No. 60 (H.3041), SECTION 1, eff July 1, 2020; 2021 Act No. 25 (H.3664), SECTION 1, eff April 26, 2021; 2024 Act No. 204 (H.4754), SECTION 3, eff May 21, 2024. Editor's Note 2020 Act No. 127, SECTION 1, provides as follows: "SECTION 1. SECTION 5 of Act 60 of 2017 is amended to read: "This act takes effect on July 1, 2020, and with respect to license renewals is only applicable to renewals initially due after June 30, 2020." Effect of Amendment 2016 Act No. 170, SECTION 1, substituted "salesperson" for "salesman". 2017 Act No. 60, SECTION 1, amended the section, requiring background checks for licensure renewals and requiring the background checks to be fingerprint-based. 2021 Act No. 25, SECTION 1, in the first sentence, substituted "; a national criminal records check, supported by fingerprints, by the FBI; and a social security number-based criminal records check from a source approved by the commission" for ", and a national criminal records check, supported by fingerprints, by the FBI". 2024 Act No. 204, SECTION 3, in the first sentence, substituted "an associate" for "a salesman", and made a nonsubstantive change.