REGULATIONS FOR THE NEW JERSEY REAL ESTATE COMMISSION Page 63

REAL ESTATE COMMISSION 11:5-3.4
Administrative correction. See: 36 N.J.R. 656(b). Amended by R.2009 d.287, effective September 21, 2009. See: 41 N.J.R. 1381(a), 41 N.J.R. 3440(a). In the Education Bureau Transaction Fees table, substituted the entry “Criminal history check and electronic fingerprint scan” for the entry “Criminal history check” and updated the Amount. Amended by R.2011 d.184, effective July 18, 2011. See: 43 N.J.R. 369(a), 43 N.J.R. 1592(a). In the introductory paragraph, inserted “that are unrelated to real estate continuing education” and the last sentence. Amended by R.2012 d.006, effective January 3, 2012. See: 43 N.J.R. 1791(a), 44 N.J.R. 86(b). In the Education Bureau Transaction Fees table, inserted “or referral agent”.
SUBCHAPTER 3. LICENSING
11:5-3.1 Terms of real estate licenses
Commencing July 1, 1997, broker, broker-salesperson, salesperson, referral agent and branch office licenses shall be issued on the basis of two year license terms. All licenses issued during each biennial term shall run from the date of issuance to the end of the biennial term. All licenses shall expire on June 30 of the second year following the year in which the license term commenced.
New Rule, R.1997 d.159, effective April 7, 1997. See: 29 N.J.R. 299(a), 29 N.J.R. 1324(b). Amended by R.2012 d.006, effective January 3, 2012. See: 43 N.J.R. 1791(a), 44 N.J.R. 86(b). Inserted “, referral agent”.
11:5-3.2 Payment of fees as prescribed by statute
With the exception of fees paid to the State-contracted fingerprint scanning vendor, fees paid to the license examination administration vendor and fees paid to accomplish an online transfer or termination as set forth in N.J.A.C. 11:5-3.11, any and all fees prescribed by the Real Estate License Act shall be paid by broker’s business account check, certified or bank check or money order payable to the State Treasurer of New Jersey. No cash or currency shall be accepted.
Amended by R.1986 d.92, effective April 7, 1986. See: 17 N.J.R 2353(a), 18 N.J.R. 702(a). Added text, “brokers business account check, certified or bank”. Amended by R.2009 d.287, effective September 21, 2009. See: 41 N.J.R 1381(a), 41 N.J.R. 3440(a). Rewrote the section.
11:5-3.3 Criminal history record check
(a) The Commission shall require an individual licensee or any officer, director, partner or owner of a controlling interest of a licensed corporation or partnership to complete an electronic fingerprint scan through the State-contracted vendor, pay the fees required for its processing and submit proof of completion of the fingerprint process with their licensing application.
(b) Evidence of completion of the fingerprint scanning process shall include the applicant’s copy of the completed fingerprint scanning vendor’s form and a copy of the payment
receipt issued by the fingerprint scanning vendor at the time of the completion of the fingerprint scanning process.
(c) The applicant, if a natural person, shall submit with his or her license application the evidence of completion of the fingerprint scanning process set forth in (b) above.
(d) The applicant, if a corporation or partnership, shall submit with its application for license evidence of completion of the fingerprint scanning process as set forth in (b) above for each officer, director, partner, or owner of a controlling interest.
R.1971 d.83, effective May 27, 1971. See: 2 N.J.R. 42(e), 3 N.J.R. 110(d). Amended by R1976 d.19, effective January 13, 1976. See: 7 N.J.R. 567(e), 8 N.J.R 70(e). Amended by R1983 d.471, effective November 7, 1983. See: 15 N.J.R. 1343(a), 15 N.J.R. 1865(c). Subsections (c) and (e) deleted, recodification. New Rule, R.1985 d.601, effective November 18, 1985. See: 17 N.J.R. 2230(a), 17 N.J.R. 2779(a). Repealed this section dealing with “Fingerprinting” and adopted New Rule. Amended by R1995 d.23, effective January 17, 1995. See: 26 N.J.R. 3111(a), 27 N.J.R. 370(a). Repeal and New Rule, R.2009 d.287, effective September 21, 2009. See: 41 N.J.R. 1381(a), 41 N.J.R. 3440(a). Section was “Criminal history record check”. Amended by R2012 d.006, effective January 3, 2012. See: 43 N.J.R. 1791(a), 44 N.J.R. 86(b). In (c), substituted “license application” for “application for a salesperson’s, broker-salesperson’s or broker’s license”.
11:5-3.4 Examination rules
(a) In the administration of examinations for licensure as a real estate broker, broker-salesperson, salesperson or referral agent, the following examination rules shall apply:
1. Examinees shall not be permitted to refer to any notes, books, or memoranda.
2. The copying of questions or making of notes for personal use is strictly prohibited.
3. No examinee shall leave the examining room except at the discretion of the examiner.
4. The real estate broker license, salesperson and referral agent license examinations, required by N.J.S.A. 45:15-10 to be taken and successfully passed by all applicants for a real estate broker, broker-salesperson, salesperson or referral agent license before said license may be issued, shall be in the form of a multiple choice examination prepared by a testing service as designated by the Commission. Fees charged applicants to take the real estate examinations and for fingerprinting scanning shall be considered service fees to be paid directly to the testing service and fingerprint scanning vendor separate and apart from any fee required by N.J.S.A. 45:15-9 to be paid to the Commission at the time of the license application.
(b) A request for special accommodations may be made if the applicant qualifies for such accommodations as provided in
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