Rule 520-1-.04(4) Applications +6Georgia · Real Estate · English

An application is incomplete if it lacks the proper fee, required documents, biographical data, signatures, or legible responses. Failing to disclose every criminal conviction or license disciplinary action may constitute a falsified application.

• ✓Must supply all requested information or application is incomplete
• ✓Failure to disclose criminal convictions or disciplinary actions may constitute falsification
• ✓Commission may assess fees and return incomplete or obsolete applications

All applications for licensure, renewal, transfer, status change, or firm name change must be on Commission-approved forms. Applications may be filed by personal delivery, mail, private courier, or fax/email if no fee is required. Changes to addresses, trust accounts, or names may be done by letter or email.

• ✓Applications must be on Commission-approved forms
• ✓Fax/email filing only allowed if no fee payment required
• ✓Personal delivery, USPS mail, or private courier are all acceptable filing methods

The effective filing date is the USPS postmark date if mailed, or the date the Commission receipts it if otherwise filed. If received after a deadline, the applicant bears the burden of proof that the filing was timely.

• ✓USPS postmark date is effective date if mailed
• ✓Otherwise the Commission receipt date controls
• ✓Applicant bears burden of proof of timely filing if received late

Original paper applications for licensure (broker, salesperson, CAM, firm, school, instructor) must be retained 15 years. Other paper applications retained one year. All electronic licensing records retained at least 15 years.

• ✓Original licensure paper applications retained 15 years
• ✓Other paper applications retained one year
• ✓Electronic licensing records retained at least 15 years

The Commission provides reasonable accommodation to qualified candidates with disabilities per the ADA. Requests must be in writing, received by the application deadline, with appropriate documentation per Commission guidelines.

• ✓Accommodation requests must be in writing
• ✓Must be received by application deadline
• ✓Must include documentation per Request for Disability Accommodation Guidelines

The Commission deems a licensee to have met the continuing education requirement of O.C.G.A. § 43-40-8(e) for a renewal period if the licensee completes qualifying courses in that period with at least the total hours of instruction the law requires.

• ✓CE must be completed within the renewal period
• ✓Course must provide at least the total required hours of instruction

Licensees may earn CE credit by completing a Community Association Managers Prelicense, Salespersons Prelicense, Sales Post-license, or Brokers Prelicense course during a renewal period. Salespersons who complete the 25-hour Sales Post-license course in their first year may count it as meeting 9 hours of CE for the first renewal period.

• ✓Prelicense/post-license courses may count toward CE
• ✓25-hour Sales Post-license in first year counts as 9 hours CE for first renewal

Licensees may earn continuing education credit by completing a Community Association Managers Prelicense, Salespersons Prelicense, Sales Post-license, or Brokers Prelicense course during a renewal period. The completed course must total at least the required CE hours (O.C.G.A. § 43-40-8(e)).

• ✓Salespersons completing the 25-hour Sales Post-license course in their first year may count it toward 9 hours of CE for the first renewal period
• ✓Prelicense/post-license courses must contain at least the total number of CE hours the law requires to satisfy the CE requirement

Nonresident licensees satisfy Georgia's CE requirement by proving they met their home state's CE requirement during the renewal period. If the home state has no CE requirement, the nonresident must meet Georgia's resident CE requirement.

• ✓Nonresident must submit satisfactory written proof of meeting their state of residence's CE requirement
• ✓If the state of residence has no CE requirement, the nonresident must meet the CE requirements of a resident licensee

A licensee may obtain CE credit by completing a course of four quarter hours or two semester hours at an accredited college or university that counts toward a real estate major or deals with principles/fundamentals/essentials of real estate, or toward a major in business administration, accounting, finance, or marketing, or in agency, real property law, and contract law at an accredited law school. College correspondence and college CE courses do not qualify.

• ✓Course must be four quarter hours or two semester hours
• ✓College correspondence and college CE courses do NOT qualify
• ✓Qualifying subjects include real estate, business administration, accounting, finance, marketing, and specified law courses

The Commission deems the CE requirement met by any instructor who submits written proof of having taught courses under this Chapter for the total hours required under Rule 520-1-.05(1)(d) during the renewal period in which the instructor applies for renewal.

• ✓Instructor must submit satisfactory written proof of teaching
• ✓Teaching hours must total the amount required under Rule 520-1-.05(1)(d)

The Commission deems the CE requirement met by a nonresident licensee who submits written proof of meeting the CE requirement of his or her state of residence during the renewal period. If the state of residence does not require CE, the nonresident must meet the CE requirements of a resident licensee.

• ✓Nonresident may satisfy CE by meeting home state's CE requirement
• ✓If home state requires no CE, nonresident must meet Georgia resident CE requirements

Licensees may use CE courses authorized by the real estate regulatory body of any U.S. state, district, territory, possession, or province of Canada. The Commission deems such courses acceptable only if offered through classroom or compliant computer-based/distance instruction and only if the course is for three or more credit hours.

• ✓Courses must be authorized by the jurisdiction's real estate regulatory body
• ✓Course must be three or more credit hours
• ✓Must be classroom or compliant computer-based/distance instruction

A licensee may earn CE credit by completing a qualifying college or university course of four quarter hours or two semester hours dealing with real estate, business, or specified law courses. College correspondence and college CE courses are NOT accepted.

• ✓Course must be 4 quarter hours or 2 semester hours counting toward a real estate major or covering principles/fundamentals/essentials of real estate
• ✓Qualifying majors include business administration, accounting, finance, or marketing at a regionally accredited institution; law courses in agency, real property law, and contract law at an accredited law school also qualify
• ✓Licensees may NOT use college correspondence courses or college continuing education courses to qualify

An instructor may satisfy the CE requirement for a renewal period by proving they taught courses under this Chapter for the total hours required under Rule 520-1-.05(1)(d) during the renewal period in which they seek license renewal.

• ✓Instructor must submit satisfactory written proof of teaching courses under the Chapter
• ✓Teaching hours must total the amount required under Rule 520-1-.05(1)(d) during the applicable renewal period

Licensees may use CE courses authorized by another U.S. or Canadian real estate regulatory body toward Georgia CE, provided the school offers them via classroom or compliant computer-based/distance education and the course is for three or more credit hours.

• ✓Course must be authorized by the regulatory body governing real estate licensees in any state, district, territory, possession, or province of the U.S. or Canada
• ✓Course must be offered through classroom or compliant computer-based/distance instruction and be for three or more credit hours

The Commission may require licensees who complete courses under this Rule to submit transcripts or other verification of completion it deems necessary and adequate.

• ✓Commission may require submission of transcripts or other verification of course completion
• ✓Verification must be deemed necessary and adequate by the Commission

An application is incomplete if it lacks the proper fee, required documents, biographical data, signatures, or legible responses. Failing to disclose any criminal conviction or disciplinary action may constitute a falsified application.

• ✓Applicant must supply ALL requested information
• ✓Missing fee, documents, data, signatures, or legibility makes it incomplete
• ✓Failure to disclose every criminal conviction or disciplinary action may be a falsified application
• ✓Commission may assess fees and return incomplete/obsolete/non-approved applications

All applications for licensure, renewal, transfer, status change, and firm name change must be on Commission-approved forms. Applications, changes, or fees may be filed by personal delivery, mail, private courier, or fax/email (fax/email only if no fee is required).

• ✓Applications must be on Commission-approved forms
• ✓Filing by personal delivery, USPS mail, private courier, or fax/email
• ✓Fax/email filing only allowed when no fee payment is required
• ✓Forms may require email addresses of applicant and affiliated firm

The effective filing date is the USPS postmark date if mailed, otherwise the date the Commission receives it. If received after a deadline, the applicant bears the burden of proof that filing was timely.

• ✓Mailed filings effective as of USPS postmark date
• ✓Otherwise effective on Commission receipt date
• ✓Applicant/licensee bears burden of proof of timely filing if late

Original paper applications for licensure (broker, salesperson, CAM, firm entities, school/instructor approval) are retained 15 years. Other paper applications are retained one year. Electronic licensing records are kept at least 15 years.

• ✓Original licensure paper applications kept 15 years
• ✓Other paper applications kept one year
• ✓Electronic licensing records kept at least 15 years

The Commission provides reasonable accommodation to qualified candidates with disabilities under the ADA. Requests must be in writing, received by the application deadline, with appropriate documentation per Commission guidelines.

• ✓Accommodation provided in accordance with the ADA
• ✓Request must be in writing and received by the application deadline
• ✓Must include appropriate documentation per Commission guidelines

The Commission shall approve, disapprove, or request additional data on a school approval application within sixty days of receiving a complete application. An application is deemed abandoned if the applicant fails to respond to a request for additional data within 120 days. An abandoned application requires a new application and fee to reinstate.

• ✓Commission must act on complete application within 60 days
• ✓Application deemed abandoned if no response within 120 days of request
• ✓Abandoned applications require new application and fee

School approval applications must include identification of school/director/coordinator, records management proposal (5-year retention), Nonpublic Postsecondary Education certificate if applicable, owner/director names, attendance make-up policy, entrance qualifications, media equipment, learning environment statement, electronic registration capability, ADA compliance, nondiscrimination statement, course outlines, bibliography, student evaluations, learning objectives, instructor list, course schedule, and Notice to Students.

• ✓Records must be retained for at least five years
• ✓School must not discriminate on the basis of race, color, sex, religion, national origin, familial status, or handicap
• ✓School must state ADA compliance and electronic registration capability

Approved schools must adopt and enforce minimum standards. To certify a student as passing, the student must attend all required hours of in-class instruction and complete and pass all graded exercises/examinations. Schools may establish a make-up policy allowing students to make up missed sessions. Schools may use no more than thirty minutes of audio/video material toward required hours without prior Commission written authorization.

• ✓Student must attend all required hours of in-class instruction to be certified
• ✓No more than thirty minutes of audio/video counted toward required hours without written authorization
• ✓Student must pass all graded exercises and examinations to be certified

Before instruction begins, the school must provide a written Notice to Students disclosing: approval status, renewal date, course hours, course type (in-class/computer-based/distance), credit type (prelicense/postlicense/CE), instructors, grading policy, attendance requirements, recruitment prohibition notice, computer-based course specifics, preliminary decision option for prelicense, and a CE credit statement.

• ✓Notice must state course cannot get CE credit if taken within the previous calendar year
• ✓Notice must be provided upon enrollment or before instruction begins
• ✓Notice must include prohibition of recruitment statement

Advertising by approved schools is regulated across all media. Schools using the Commission name must indicate GREC approved the school as meeting Georgia law requirements and may not imply GREC has other interests. Schools advertising passing percentages must include specific data: a specific percentage, first-time examinees only, prior calendar year, exam type (salesperson vs. broker not combined), and actual number taking and passing.

• ✓Salesperson and broker passing rates may not be combined
• ✓Passing percentage must be a specific percentage for first-time examinees for the prior calendar year
• ✓Advertising must disclose whether the course is in-class or computer-based

The Commission approves, disapproves, or requests additional data on a school application within sixty days of a complete application. Applications are deemed abandoned if the applicant fails to respond to a request within 120 days.

• ✓Commission must act within sixty days of receiving a complete school application
• ✓Application is deemed abandoned if applicant does not respond within 120 days after a data request
• ✓An abandoned application requires a new application and fee to reinstate

Approved schools must adopt and enforce minimum student standards regarding attendance, exercises/examinations, makeup policy, and certification requirements.

• ✓To certify passing, a student must attend all required hours of in-class instruction
• ✓Students must complete and pass all graded exercises and examinations required by the school
• ✓Schools may use no more than thirty minutes of audio/video material toward required or make-up in-class hours without prior written Commission authorization
• ✓Course transfer credit within a series is not allowed to a new school unless it offers the identical series of courses

No school coordinator/director may allow use of the school's premises to recruit new affiliates for any company one hour before, one hour after, or during an instruction period. A prohibition statement must be distributed to all students.

• ✓No recruiting for brokerage firm employment is allowed one hour before, one hour after, or during instruction
• ✓Instructors and coordinators/directors must promptly report any recruitment efforts to the Commission
• ✓The required prohibition statement must be distributed in written materials at the beginning of the course

Schools must immediately report changes in director/coordinator, name, phone, or address, and notify the Commission if terminating an instructor for a violation. Schools must electronically register students and report completions. Schools must maintain examinations, texts, attendance records, instructor resumes, and computer-based course records for at least five years.

• ✓Schools must immediately report changes in director, name, phone, or address
• ✓Records must be maintained for at least five years
• ✓Schools must report instructor terminations for violations to the Commission

No school coordinator/director may allow anyone to use the school premises or classroom to recruit new affiliates for any company one hour before, one hour after, or during an instruction period. A prescribed anti-recruiting statement must be distributed to all students at the beginning of the course, and violations must be reported promptly to the Commission.

• ✓No recruiting one hour before, one hour after, or during instruction
• ✓Required anti-recruiting statement must be distributed to all students
• ✓Instructors and directors must promptly report recruiting violations

Applicants for school approval must file an application and fee and provide identification, records management, ownership, policies, and course information. The school director/coordinator certifies student course completion.

• ✓Schools must retain records of student attendance, scores, and certifications for at least five years
• ✓Schools must comply with the ADA and must not discriminate on the basis of race, color, sex, religion, national origin, familial status, or handicap
• ✓Application must include course outlines, learning objectives, instructors, bibliography, and a Notice to Students

Before instruction begins, schools must provide a written Notice to Students disclosing approval details, instructors, grading, attendance, recruitment prohibition, and other required items.

• ✓Notice must state the number of education credit hours, course type, and whether the course meets prelicense, postlicense, or continuing education credit
• ✓Notice must include that a student may not receive credit for a CE course taken within the previous calendar year
• ✓Notice must include the prohibition of recruitment statement required by Rule 520-2-.02(10)

Rule regulates advertising through any media. Use of the Commission's name, use of a licensed firm's name, disclosure of course type, and passing percentage statistics are all regulated.

• ✓"Georgia Real Estate Commission" may not appear in advertising in larger type than surrounding words
• ✓When advertising at a firm's non-approved location, the school's name and approval number must appear in equal or greater size, prominence, and frequency than the firm's name
• ✓Passing percentage claims must be a specific percentage based only on first-time examinees for the prior calendar year; salesperson and broker rates may not be combined

Persons passing the salesperson or CAM exam must apply for an active or inactive license within three months of the exam date, or pay double the fee after three months. Failure to apply within twelve months requires retaking the exam. Prelicense course completion evidence must be submitted.

• ✓Must apply within 3 months or pay 2x the original application fee
• ✓Failure to apply within 12 months requires retaking the exam
• ✓Must submit evidence of completing the appropriate Prelicense Course

Broker exam passers must activate a broker or associate broker license within 12 months or retake the exam. Applicants must show at least three years of active licensure within the five years immediately preceding application. Out-of-state applicants must present original certification of licensure issued within 12 months.

• ✓Must activate broker license within 12 months of exam or retake
• ✓Must show 3 of past 5 years active licensure
• ✓Certification of licensure must be issued no more than 12 months prior to application

Upon surrender, suspension, or revocation of a license, a licensee must forward the wall certificate and pocket card to the Commission at once. Brokers must forward all affiliated licensees' certificates and cards in their possession.

• ✓Wall certificate and pocket card must be forwarded to the Commission at once upon surrender, suspension, or revocation
• ✓Brokers must forward all other licensees' certificates and cards in their possession and are responsible for missing certificates
• ✓No refund of fees is made upon surrender, suspension, or revocation; reinstatement requires applying as an original applicant

Upon written request, the Commission certifies a licensee's records for only the five years immediately preceding the request. However, disciplinary sanctions are certified regardless of date. Requests for court use must include the case name, number, and court.

• ✓License history certification covers only the five years immediately preceding the request
• ✓Disciplinary sanctions are certified regardless of the date of occurrence
• ✓Court-use requests must identify the case name, number, and court

The Commission maintains investigative files for forty years when a disciplinary action is imposed or a Recovery Fund payment is made, and fifteen years for all other investigative files.

• ✓Files with disciplinary action or Recovery Fund payment are kept forty years
• ✓All other investigative files are kept fifteen years

Upon surrender, suspension, or revocation, a licensee must forward the wall certificate and pocket card to the Commission at once. Brokers must forward all affiliated licensees' certificates and cards and are responsible for missing ones. No fee refunds are given. Reinstatement after surrender or revocation requires applying as an original applicant.

• ✓Wall certificate and pocket card must be forwarded to the Commission at once upon surrender, suspension, or revocation
• ✓Brokers are responsible for all affiliated licensees' certificates and cards
• ✓No refund of fees is made upon surrender, suspension, or revocation
• ✓Reinstatement after surrender/revocation requires applying as an original applicant

Upon written request, the Commission provides a certification of a licensee's history for only the five years immediately preceding the request, but disciplinary sanctions are certified regardless of date of occurrence.

• ✓License history certification covers only the five years immediately preceding the written request
• ✓Disciplinary sanctions are certified regardless of the date of occurrence
• ✓When used in court, the requester must indicate case name, case number, and court name

The Commission maintains investigative files under set retention schedules based on whether disciplinary action or Recovery Fund payment occurred.

• ✓Investigative files with disciplinary action or Recovery Fund payment are retained for forty years
• ✓All other investigative files are retained for fifteen years

Persons passing the CAM or salesperson exam must apply for a license within three months or pay double the original application fee. Failure to activate within twelve months requires retaking the exam. Applicants must show completion of the appropriate prelicense course.

• ✓Apply within 3 months of exam date or pay 2x original application fee
• ✓Failure to activate within 12 months requires retaking the exam
• ✓Salesperson must complete Salesperson's Prelicense Course
• ✓CAM must complete Community Association Manager's Prelicense Course

Persons passing the broker exam must activate a broker/associate broker license within 12 months or retake the exam. Applicants must have held an active license for at least three of the five years immediately preceding application.

• ✓Activate broker/associate broker license within 12 months or retake exam
• ✓Must have held active license 3 of the 5 years immediately preceding application
• ✓Out-of-state applicants must present original certification of licensure
• ✓Certification must be issued no more than 12 months prior to application