SECTION 605:10-7-2. License terms and fees; renewals; reinstatements

(a)   License term and fees. Each original license issued under the Code shall be issued to expire at the end of the thirty-sixth (36) month including the month of issuance. Each original provisional sales associate license issued under the Code shall be issued to expire at the end of the twelfth (12th) month including the month of issuance. Fees are non-refundable and are as follows:

(1)   For an original broker license and each subsequent license renewal, to include corporations, associations or partnerships, the fee shall be Two Hundred and Eighty Dollars ($280.00).

(2)   For an inactive original broker license and each subsequent inactive license renewal, with the exception of corporations, associations or partnerships, the fee shall be One Hundred and Sixty Dollars ($160.00). In order to activate a license that was renewed inactive in the same license term, the licensee shall pay One Hundred and Sixty Five Dollars ($165.00). Thereafter, any future request to activate in the same license term shall be in accordance with Rule 605:10-7-4.

(3)   For an original broker associate license and each subsequent license renewal, the fee shall be Two Hundred and Forty Five Dollars ($245.00).

(4)   For an inactive original broker associate license and each subsequent inactive license renewal, the fee shall be One Hundred and Fifty Dollars ($150.00). In order to activate a license that was renewed inactive in the same license term, the licensee shall pay One Hundred and Fifty Five Dollars ($155.00). Thereafter, any future request to activate in the same license term shall be in accordance with Rule 605:10-7-4.

(5)   For an active original sales associate license and each subsequent active license renewal the fee shall be Two Hundred Dollars ($200.00).

(6)   For an inactive original sales associate license and each subsequent inactive license renewal the fee shall be One Hundred and Twenty Five Dollars ($125.00). In order to activate a sales associate license that was renewed inactive in the same license term, the licensee shall pay One Hundred and Thirty Five Dollars ($135.00). Thereafter, any future request to activate in the same license term shall be in accordance with Rule 605:10-7-4.

(7)   For an original provisional sales associate license that is non-renewable the fee shall be Ninety Five Dollars ($95.00).

(8)   For an original branch office license and each subsequent license renewal the fee shall be One Hundred and Seventy Dollars ($170.00).

(9)   For each duplicate license or pocket card, where the original is lost or destroyed, and a written request is made, a fee of Seven Dollars and fifty cents ($7.50) shall be charged.

(10)   The Fifteen Dollar ($15.00) Education and Recovery Fund fee, shall be added and payable with the license fee for an original license and for each subsequent license renewal. Exceptions to this rule are: 1) a provisional sales associate license fee shall be Five Dollars ($5.00) for their twelve (12) month license term; and, 2) a branch office shall not pay the fee.

(b)   Terms cannot be altered. Terms shall not be altered except for purposes of general reassignment of terms which might be necessitated for the purpose of maintaining an equitable staggered license term system.

(c)   Expiration date. The actual expiration date of a license shall be midnight of the last day of the month of the designated license term. A person who allows their license to expire shall be considered an applicant and subject to a national criminal history record check, as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.

(d)   Late penalty. All renewals shall be filed on or before midnight of the tenth day of the month in which said license is due to expire, except in the event that date falls on a Saturday, Sunday or holiday; in such case, the next Commission working day shall be considered the due date for all renewals except electronic online renewal wherein this exception would not apply. Any such renewal application filed after such date shall be subject to a late penalty fee of Ten Dollars ($10.00).

(e)   Actual filing of license renewal. A license shall lapse and terminate if a renewal application and required fees have not been filed with the Commission by midnight of the date on which the license is due to expire, except in the event that date falls on a Saturday, Sunday or holiday; in such a case, the next Commission working day shall be considered the due date. A renewal application and required fees are considered filed with the Commission on the date of the United States postal service postmark or the date personal delivery is made to the Commission office.

(f)   Reinstatement of license. Any licensee whose license term has expired shall be considered for reinstatement of same such license upon payment of an amount equal to the current examination fee in addition to the license and late penalty fee(s) for each delinquent license period(s). The following documents and fees must be submitted:

(1)   Lapsed less than one year. In the case of a license lapsed less than one year:

(A)   License and late penalty fee.

(B)   Reinstatement fee.

(C)   National criminal history check.

(D)   Documents as required by the Commission.

(2)   Lapsed more than one year but less than three years. In the case of a license lapsed more than one year but less than three years:

(A)   License and late penalty fee.

(B)   Reinstatement fee.

(C)   National criminal history check.

(D)   A completed reinstatement application.

(E)   Successful completion of the appropriate licensing examination.

(F)   A statement that the applicant has read a current License Code and Rules booklet.

(G)   Documents as required by the Commission.

(3)   Lapsed more than three years. If an application is submitted more than three (3) years subsequent to the most recent year of licensure, the applicant shall be regarded as an original applicant.

(g)   Reinstatement of a provisional sales associate license wherein post-license education was completed prior to license expiration date. An applicant who successfully completed the post-license education requirement before their first license expiration date and failed to renew their license on or before such date shall be eligible to reinstate the license as a sales associate according to 605:10-7-2 (f), (1) through (3).

(h)   Reinstatement of a provisional sales associate license wherein post-license education was not completed prior to license expiration date. An applicant who has not successfully completed the post-license education requirement prior to the first license expiration date shall not be eligible to reinstate such license and shall apply and qualify as an original applicant.

(i)   Reinstatement of revoked license. An applicant may not apply for re-license or reinstatement of license for a minimum of three (3) years from the effective date of license revocation, except for an applicant whose license was automatically revoked pursuant to Sections 858-402 or 858-604 of Title 59, Oklahoma Statutes. Upon the passage of the three (3) year period, the applicant shall be required to comply with the requirements of an original applicant.

(j)   Reinstatement of an automatically revoked license. An applicant who has had their license automatically revoked, pursuant to Section 858-402 or 858-604 of Title 59 of the Oklahoma Statutes, shall be required to comply with the requirements of (f) of this section. In addition, reinstatement will not be granted until all outstanding amounts due the Commission have been paid in full.

(k)   Reinstatement of a surrendered or cancelled license. A surrendered or cancelled license applicant may be reinstated provided the applicant has received approval for re-issuance from the Commission. The following forms and fees must be submitted:

(1)   Reinstatement with term of license still current. A surrendered or cancelled license applicant whose license term is still current:

(A)   Applicable reinstatement fee equal to the current examination fee.

(B)   Re-issuance fee equal to the transfer of license fee.

(C)   Documents as required by the Commission.

(D)   Criminal history background check.

(2)   Reinstatement with term of license expired. A surrendered or cancelled license applicant whose license term has expired shall be required to comply with the requirements of (f) of this section.

(3)   Reinstatement of provisional sales associate with term of license expired. A surrendered or cancelled provisional sales associate whose license term has expired shall be required to comply with the following:

(A)   If a provisional sales associate completed the post-license requirement on or before the first license expiration date, the applicant shall be eligible to reinstate the license according to 605:10-7-2 (f), (1) through (2).

(B)   If a provisional sales associate did not complete the post-license requirement on or before the first license expiration date, the applicant shall be required to apply and qualify as an original applicant.

(l)   Continuing education requirement. Each licensee with the exception of those as listed in Title 59, O.S., Section 858-307.2 (D) seeking renewal of a license must submit evidence that they have completed the continuing education requirements enumerated in Section 858-307.2 of Title 59. An applicant seeking active reinstatement of a lapsed license must submit evidence that all continuing education requirements have been completed for each term in which an active license is requested.

(m)   License fees prorated. If a real estate sales associate qualifies for a license as a real estate broker associate or broker, or if a real estate broker associate qualifies for a license as a real estate broker, the unused license fee shall be credited to the new license fee. The unused license fee credit shall commence with the first full month following the month in which the broker license is to be issued.

(n)   License expires after effective date of national criminal history check.

(1)   Any licensee who allows their license to expire shall be required to submit to a national criminal history check; however, such individual shall be allowed to proceed with reinstatement of such license pending receipt by the Commission of a completed fingerprint card, application Part A, and fee as stated elsewhere in these rules for the background search. If, the Commission does not receive a completed Part A of the application and completed finger print card and fee within thirty (30) days from the date of request by the Commission, the license will be placed inactive and a hold placed on the license until receipt by the Commission of the aforementioned items. Thereafter, upon receipt by the Commission, the license may be reactivated so long as appropriate reactivation forms and fees, as stated elsewhere in these rules, have been received by the Commission. However, if the finger print card is rejected for the purposes of a national criminal history check, the Commission will provide written notice to the licensee and the licensee must submit a new and unique fingerprint card to the Commission within thirty (30) days of receipt of such notice or the license will be placed on inactive status.

(2)   A provisional sales associate who completes the Provisional Post-License Course prior to their first license expiration date but fails to timely renew the license shall be eligible to apply under the requirement under the preceding paragraph. However, after a period of three (3) years from the date of the license expiration such applicant shall no longer be eligible to apply under this section.

(o)   Issuance of license from provisional sales associate to sales associate. A provisional sales associate is required to furnish to the Commission evidence of successful completion of the Provisional Post- license Course of Real Estate, Part II of II education requirement as set forth in Section 858-302 of Title 59, of the Oklahoma Statutes. Upon successful completion of the Provisional Post-license Course of Real Estate, Part II of II education requirement, the provisional sales associate must submit the appropriate document(s) to the Commission prior to the provisional sales associate's license expiration date for issuance of a renewable sales associate license. The Commission shall not issue the provisional sales associate a renewable sales associate license until the end of the provisional sales associate's license term and until the provisional sales associate has submitted evidence of successful completion of the forty-five (45) clock hour post-license course requirement and submitted all required form(s) and fee(s) as required by the Commission.

(p)   Active sales associate to inactive broker associate, or sales associate and/or broker associate to inactive broker license - no remaining credit to be given. In the event an active sales associate, within six (6) months of obtaining their original license, reinstatement or license renewal qualifies for an inactive broker associate license, the Commission shall not credit the difference in license fees. In the event an active sales associate or broker associate within six (6) months of obtaining their original license, rein- statement or license renewal qualifies for an inactive broker license, the Commission shall not credit the difference in the license fees.

(q)   Licensee on active duty as a member of the Armed Forces of the United States.

(1)   In accordance with Title 59, O.S., Section 4100.6 of the Post-Military Service Occupation, Education and Credentialing Act while a license holder is on active duty the license may be renewed without payment of the license and education and recovery fund fee and meeting the continuing education requirement. Such waiver shall be requested in writing to the Commission prior to license expiration along with evidence of the order for active duty. The license issued pursuant to this rule may be continued as long as the licensee is a member of the Armed Forces of the United States on active duty and for a period of at least one (1) year after discharge from active duty. Upon discharge from active duty and a request for license activation, the licensee shall submit to the Commission evidence of successful completion of the continuing education requirement for the current license renewal term.

(2)   If a licensee on active duty does not request such a waiver in writing and the license expires, the applicant may, by written request provide the Commission documentation as required in subparagraph (1) of this subsection; however, no later than one (1) year after discharge from active duty.

(3)   In the event a license expires during the events as noted herein, the Commission shall waive the criminal history background check and license examination.

(4)   Member of the National Guard or reserve component of the armed forces. In accordance with Title 72, Chapter 1, Section 48.2 Extension and Renewal of Professional Licenses, any licensee whose license expires while on active duty as a member of the National Guard or reserve component of the armed forces shall be extended until no later than one (1) year after the member is discharged from active duty status. Upon the Commission receiving a copy of the official orders calling the member or reservist to active duty and official orders discharging the member or reservist from active duty all licensee fee and continuing education shall be waived for this time period as well as the criminal history background check and license examination.

(r)   Reinstatement for corporation, association or partnership.

(1)   A corporation, association or partnership that has lapsed for less than three (3) years that wishes to reinstate must submit:

(A)   License and late penalty fees.

(B)   Reinstatement forms and documents as required by the Commission.

(C)   If the corporation or association has been lapsed for more than sixty (60) days, a current "Certification of Good Standing."

(2)   Any corporation, association or partnership that has lapsed for more than three (3) years must submit an original application to be considered for licensure.

(s)   Reinstatement for branch offices.

(1)   A branch office that is lapsed for less than three (3) years that wishes to reinstate must submit:

(A)   License fee and late penalty fees.

(B)   Reinstatement forms and documents as required by the Commission

(2)   Any branch office that has lapsed for more than three (3) years must submit an original application as a new branch office.

(t)   Specific license fees waived for low-income individuals. In accordance with Title 59, Section 4003, any applicant who can present satisfactory evidence of being a low-income individual shall receive a one-time one-year waiver of the licensure fees as outlined in 605:10-7-2 (a.) Such waiver shall be prorated for a multi-year license so that the applicant shall only receive a waiver for one year of the applicable license fees. For the purposes of this section, "low-income individual" means an individual who is enrolled in a state or federal public assistance program, or whose household adjusted gross income is below 140% of the federal poverty line or a higher threshold to be set by the executive branch department that oversees business regulation. Satisfactory evidence that the applicant is a low-income individual must be made upon forms provided by the Commission and must be presented upon application for original licensure.

[Source: Amended at 8 Ok Reg 2071, eff 7-1-91; Amended at 10 Ok Reg 2087, eff 7-1-93; Amended at 12 Ok Reg 1813, eff 7-1-95; Amended at 14 Ok Reg 3031, eff 7-11-97; Amended at 15 Ok Reg 3322, eff 7-13-98; Amended at 17 Ok Reg 2645, eff 7-1-00; Amended at 18 Ok Reg 3485, eff 8-1-01 (emergency); Amended at 19 Ok Reg 2410, eff 7-1-02; Amended at 24 Ok Reg 2321, eff 7-1-07; Amended at 25 Ok Reg 441, eff 1-1-08 (emergency); Amended at 25 Ok Reg 1989, eff 7-1-08; Amended at 26 Ok Reg 2607, eff 7-11-09; Amended at 28 Ok Reg 1812, eff 7-1-11; Amended at 29 Ok Reg 1402, eff 7-1-12; Amended at 30 Ok Reg 2047, eff 11-1-13; Amended at 31 Ok Reg 2359, eff 9-12-14; Amended at 35 Ok Reg 360, eff 11-1-17 (emergency); Amended at 35 Ok Reg 1968, eff 9-14-18; Amended at 36 Ok Reg 1949, eff 11-1-19; Amended at 37 Ok Reg 2108, eff 11-1-20]