Rule 520-1-.04(6) Name of Firm on Application +13Georgia · Real Estate · English

Sole proprietor brokers use their intended business name. Corporations must submit corporate charter (and trade name certificate if applicable). Partnerships submit partnership agreement and certified trade name. LLCs submit certificate of authority (and trade name if applicable). The registered/trade name appears on the certificate of licensure.

• ✓Corporations must submit a copy of corporate charter from Secretary of State
• ✓Partnerships must submit partnership agreement and certified Certificate of Trade Name
• ✓LLCs must submit certificate of authority to transact business in Georgia

A franchisee applying for broker licensure must include the franchise name in a manner distinguishable from other firms, combining the franchise name with either the firm's registered legal name or a unique trade name registered in each county where doing business.

• ✓Franchisee trade name must include the franchise name
• ✓Must be distinguishable from other registered firms
• ✓Must combine franchise name with legal or unique trade name

Sole proprietors supply the business name for their certificate. Corporations submit their corporate charter; partnerships submit a partnership agreement and certified trade name; LLCs submit their certificate of authority. Trade names must be certified by the county clerk.

• ✓Sole proprietor name shown on broker's certificate of licensure
• ✓Corporation submits corporate charter; trade name must be certified copy
• ✓Partnership submits partnership agreement and certified Certificate of Trade Name
• ✓LLC submits certificate of authority to transact business in Georgia

A franchisee applying for broker licensure must include the franchise name in a manner distinguishable from other firms, combined with either the firm's legal entity name or a unique registered trade name.

• ✓Franchisee trade name must include the franchise name
• ✓Must be distinguishable from other registered firms
• ✓Must include either the firm's legal name or a unique registered trade name

All hearings in 'contested cases' (as defined by the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-13) are conducted by the Office of State Administrative Hearings (OSAH) under its rules. The Commission initiates such cases by filing pleadings with OSAH.

• ✓Contested case hearings are conducted by the Office of State Administrative Hearings and governed by its rules
• ✓The Commission initiates contested cases by filing the requisite pleadings with OSAH

When the Commission denies an application for classification based on failure to meet O.C.G.A. § 43-40-15 requirements—even if other requirements were met—it must notify the applicant and offer a hearing before OSAH.

• ✓Denial based on § 43-40-15 requires the Commission to notify the applicant of the denial
• ✓The applicant must be offered the opportunity to request a hearing before the Office of State Administrative Hearings

No more than 60 days prior to application, each candidate must obtain and attach a certified criminal history report from the Georgia Crime Information Center at their own expense. Non-Georgia residents must provide an equivalent report from their resident jurisdiction, and if a record exists, must provide fingerprints for an FBI report.

• ✓Criminal history report must be obtained no more than 60 days before application
• ✓Must be certified from Georgia Crime Information Center of the GBI
• ✓Out-of-state applicants provide equivalent report; FBI report required if a record exists

Applicants or licensees revealing a criminal conviction must supply certified copies of the citation/accusation/information/indictment and the sentence. Those with prior disciplinary actions must supply certified copies of the allegations preceding the final order and the final order itself.

• ✓Convictions require certified copy of the charging document and the sentence
• ✓Disciplinary actions require certified copy of allegations and final order
• ✓Applies to candidates, applicants, and licensees required to report

No more than 60 days prior to application, each candidate must obtain at their own expense a certified GCIC criminal history report. Non-Georgia residents provide an equivalent report from their resident jurisdiction; records in other jurisdictions may require an FBI/FCIC report.

• ✓Criminal history report obtained no more than 60 days before application
• ✓Candidate pays for the report
• ✓Georgia residents provide certified GCIC report from GBI
• ✓Non-residents provide equivalent report; out-of-jurisdiction records require FBI/FCIC report and fingerprints

Applicants or licensees revealing a criminal conviction must supply certified copies of the citation/accusation/information/indictment and the sentence. Those with disciplinary actions must supply certified copies of the allegations preceding the final order and the final order.

• ✓Convictions require certified copy of the charging document and the sentence
• ✓Disciplinary actions require certified copy of allegations and the final order
• ✓Applies to candidates, applicants, and licensees required to report

All hearings in 'contested cases' as defined in the Georgia Administrative Procedure Act (O.C.G.A. § 50-13-13) are conducted by the Office of State Administrative Hearings (OSAH) under its rules. The Commission initiates contested cases by filing pleadings with OSAH.

• ✓Contested cases are conducted by the Office of State Administrative Hearings
• ✓OSAH proceedings are governed by OSAH's own rules and regulations
• ✓Commission initiates proceedings by filing requisite pleadings with OSAH

When the Commission denies an application for classification based on failure to meet the requirements of O.C.G.A. § 43-40-15 (even if other requirements are met), it must notify the applicant of the denial and offer the opportunity to request a hearing before OSAH.

• ✓Denial under 43-40-15 requires notice to the applicant
• ✓Applicant must be offered a hearing before OSAH

Documents for matters pending before the Commission (not before OSAH) must be filed with the Real Estate Commissioner, and copies furnished to all parties of record including the Commission's attorney. Documents are deemed filed on the date actually received by the Commissioner.

• ✓All documents (requests for hearing, correspondence, motions, pleadings) must be filed with the Real Estate Commissioner and copies furnished to all parties of record
• ✓Documents are deemed filed/received on the date actually received by the Commissioner

Time periods begin the first day after the initiating act. If the last day falls when the office is closed, the period runs to the next business day. Periods of 7 days or less exclude weekends and holidays; longer periods include them. The Commission may extend time limits for good cause.

• ✓For periods of seven days or less, intervening Saturdays, Sundays, and legal holidays are excluded from computation; otherwise they are included
• ✓The Commission may extend any time limit only for good cause shown

No person outside the Commission may communicate ex-parte with a Commission member or decisional employee regarding the merits of a contested case. Prohibited communications must be disclosed to all parties; status inquiries are permitted.

• ✓Ex-parte communications about the merits of a contested case with Commission members/decisional employees are prohibited
• ✓If an ex-parte communication occurs, all parties must be immediately informed of its substance and circumstances; status requests are not prohibited

An applicant/licensee named in a notice of hearing may obtain a copy of their investigative record upon written request, available at the Commission office during business hours. Copy charges are $0.25 per page with a $5.00 minimum; mailed materials go by certified mail/overnight delivery at the licensee's expense.

• ✓Investigative record copies cost $.25 per page with a minimum charge of $5.00
• ✓Mailed investigative materials must be sent by certified mail or statutory overnight delivery, return receipt requested, at the applicant/licensee's expense

Time computation begins on the first day after the initiating act. If the last day falls when the Commission office is closed, the period runs to the end of the next business day. For periods of seven days or less, intervening Saturdays, Sundays, and legal holidays are excluded; otherwise they are counted.

• ✓Time period begins the day after the initiating act
• ✓If last day is a closed day, period extends to next business day
• ✓Periods of 7 days or less exclude weekends and holidays; longer periods include them

No person not employed by the Commission may communicate ex-parte with a Commission member or employee involved in the decisional process on the merits of a contested case. Any prohibited ex-parte communication must be disclosed to all parties. Requests about the status of a proceeding are not prohibited.

• ✓Ex-parte communication on the merits of a contested case is prohibited
• ✓Improper ex-parte communications must be disclosed to all parties
• ✓Status inquiries are not prohibited

Rules 520-4-.02 govern pre-hearing and post-hearing procedures in contested cases pending before the Georgia Real Estate Commission and do not apply to matters filed or pending before OSAH. The Commission maintains records indicating when it received all papers.

• ✓Rules govern matters before the Commission, not those before OSAH
• ✓Commission must record receipt dates of all papers

All documents including hearing requests, correspondence, motions, and pleadings not pending before OSAH must be filed with the Real Estate Commissioner. Copies must be furnished to all parties of record, including the Commission's attorney. Documents are deemed filed on the date actually received by the Commissioner.

• ✓Documents must be filed with the Real Estate Commissioner
• ✓Copies must be furnished to all parties of record and the Commission's attorney
• ✓Filing date is the date the Commissioner actually receives the document

The Commission may extend any time limit for good cause shown. Documents filed by represented parties must be signed by an attorney with name, address, and telephone; unrepresented parties sign and give their contact information. An attorney's signature certifies the pleading was read and not filed for delay.

• ✓Time limits may be extended only for good cause shown
• ✓Documents must be signed with address and telephone number
• ✓Attorney's signature certifies the pleading is not interposed for delay

An applicant/licensee named as petitioner/respondent may obtain a copy of their investigative record on written request, available at the Commission office during business hours. Copies cost $.25 per page with a $5.00 minimum, and mailed materials go by certified mail or statutory overnight delivery at the applicant/licensee's expense.

• ✓Investigative record is available on written request
• ✓Copy charge is $.25 per page with a $5.00 minimum
• ✓Mailed records go by certified mail or statutory overnight delivery at the licensee's expense

An individual who has not yet become an applicant may request a preliminary advisory decision on prior convictions or disciplinary actions before investing in education/exams. Preliminary decisions are advisory and not binding, but a favorable one may be adopted as final. Adverse decisions do not prevent becoming an applicant.

• ✓Preliminary decisions are advisory and not binding
• ✓A favorable preliminary decision may become the Commission's final decision
• ✓Adverse preliminary decisions do not prevent later application; denial requires notice and hearing

An applicant denied licensure after meeting age/education/exam requirements may request a formal hearing in writing within 60 days of the Commission's mailed denial notice. Failure to request within 60 days causes the application to lapse, requiring re-examination for any future application.

• ✓Written hearing request must be made within 60 days of mailed denial notice
• ✓Failure to request within 60 days causes application to lapse
• ✓If denial is affirmed after hearing, applicant must re-take qualifying exam to reapply

Effective July 1, 2017, military spouses and transitioning service members qualify for expedited processing of any license application by showing their status, paying the fee, and meeting license requirements.

• ✓Military spouses and transitioning service members qualify for expedited processing
• ✓Applicant must show qualifying status
• ✓Must pay fee and meet all license requirements

Individuals may request a non-binding preliminary decision on prior convictions or disciplinary actions before completing education and exams. A favorable preliminary decision may become final; an adverse one does not prevent becoming an applicant.

• ✓Preliminary decisions provide advisory, non-binding guidance
• ✓Individual must submit certified copies of indictment/conviction or disciplinary action
• ✓Commission may allow a favorable preliminary decision to become final
• ✓Adverse decision does not bar completing requirements to become an applicant

An applicant denied after meeting requirements may request a formal hearing in writing within 60 days of the Commission's mailed denial notice. Failure to request timely, or affirmance after hearing, causes lapse requiring re-examination and fees.

• ✓Written hearing request must be made within 60 days of mailed denial notice
• ✓Failure to request within 60 days causes the application to lapse
• ✓Lapse requires re-standing and passing qualifying exams and paying fees
• ✓Denial affirmed after hearing also requires re-examination

Effective July 1, 2017, military spouses and transitioning service members may qualify for expedited processing of any license application by showing eligibility, paying the fee, and meeting requirements.

• ✓Effective July 1, 2017
• ✓Applies to military spouses and transitioning service members
• ✓Applicant must show eligibility, pay fee, and meet license requirements

Proposed or final decisions in a contested case must be served by personal delivery, certified mail, or statutory overnight delivery to the licensee's last address of record. Other documents may be served by hand delivery or first class mail. Service on a party's attorney counts as service on the party.

• ✓Proposed/final decisions must be served by personal delivery, certified mail, or statutory overnight delivery to the last address of record
• ✓Service upon a party's attorney is deemed service upon the party

A party may request Commission review of an OSAH initial decision within 30 days of its filing. Any Commission rejection/modification of findings must include written reasons. Petitions for judicial review must be filed in Fulton County Superior Court under O.C.G.A. Chapter 50-13.

• ✓A request for review of an OSAH initial decision must be filed within thirty (30) days of the date of filing of the initial decision
• ✓All petitions for judicial review must be filed in Fulton County Superior Court under the Georgia Administrative Procedure Act
• ✓Motions, briefs, or documents on pending matters must be filed at least seven days before the scheduled hearing date

Each salesperson must complete a 25-hour post-license course within one year of original license issuance (or 18 months with the statutory six-month extension). Non-residents completing a substantially similar course in their home state satisfy this requirement.

• ✓25-hour post-license course required within one year of original license
• ✓18 months allowed if qualifying for the statutory six-month extension
• ✓Non-residents may satisfy via a substantially similar home-state course

To renew an active license, a licensee must complete 36 hours of continuing education during the renewal period (effective July 1, 2015), including at least 3 hours on license law each renewal period (effective July 1, 2016).

• ✓36 hours of continuing education required per renewal period for active license
• ✓At least 3 of those hours must be on the topic of license law
• ✓CE requirements apply to any active license renewed on/after the effective dates

Each salesperson must complete a 25-hour post-license course within one year of original license issuance (18 months if qualifying for the six-month extension). Non-residents completing a substantially similar course may be deemed compliant.

• ✓25 instructional hours of post-license course required
• ✓Must be completed within one year of original license issuance
• ✓18-month deadline if qualifying for six-month extension under 43-40-8(d)
• ✓Non-resident substantially similar courses may satisfy the requirement

To renew an active license, licensees must complete 36 hours of continuing education during the renewal period (effective July 1, 2015), including at least 3 hours on license law (effective July 1, 2016).

• ✓36 hours of CE required each renewal period (eff. July 1, 2015)
• ✓At least 3 hours must be on license law (eff. July 1, 2016)
• ✓Requirements apply to active license renewals on or after effective dates

Service of a proposed or final decision in a contested case is by personal delivery, certified mail, or statutory overnight delivery to the applicant/licensee's last address of record. All other notices, pleadings, orders, and documents are served by hand delivery or first class mail to the last address of record.

• ✓Decisions served by personal delivery, certified mail, or statutory overnight delivery
• ✓Other documents served by hand delivery or first class mail
• ✓Service is to the last address of record with the Commission

Service upon a party's attorney is deemed service upon the party.

• ✓Service on the party's attorney constitutes service on the party

Any course underwritten by the Commission must be available to all persons regardless of protected characteristics. Violations, falsification, or misuse of funds may terminate the contract and require repayment with 6% interest, with a right to a formal APA hearing.

• ✓Underwritten courses must be available to all persons regardless of race, color, religion, sex, handicap, familial status, national origin, age, or membership in any organization
• ✓Improperly expended grant funds must be repaid plus interest at 6% per annum, and the provider is ineligible for future contracts until repayment

The Commission may contract with public/private institutions or individuals to establish, continue, or expand educational or research opportunities benefiting licensees or the public. The Commission is the sole arbiter of which programs to fund, giving priority to continuing education programs.

• ✓The Commission is the sole arbiter of which programs, if any, to fund
• ✓Priority is given to programs offering continuing education opportunities to real estate licensees

Contract amounts and durations are set in each contract; amendments to increase payment or extend time are at the Commission's discretion. No contract obligates the Commission to make payment beyond the fiscal year in which it enters the contract.

• ✓Amendments to increase payment or extend performance time are at the Commission's discretion
• ✓No contract provision obligates the Commission to make any payment beyond the fiscal year in which it enters the contract

Proposals must include educational objectives, licensee/public benefit statements, course outlines, cost analyses, proprietary school approval evidence, instructor credentials, and academic credit info. The Commission must act within sixty days. Providers must issue attendance certificates and report attendees within 14 days.

• ✓The Commission must act on all proposals within sixty days of receipt of a written original or amended proposal
• ✓Providers must send the Commission a list of all attendees within 14 days of the end of a program and issue certificates of attendance
• ✓Schools subject to the Georgia Proprietary School Act must provide evidence of State Board of Education approval

Any course offered to real estate licensees for which the Commission underwrites part or all of the cost must be available to all persons regardless of race, color, religion, sex, handicap, familial status, national origin, age, or membership in any organization.

• ✓Underwritten courses must be open to all persons
• ✓Prohibited bases include race, color, religion, sex, handicap, familial status, national origin, and age

Unexpended funds must be returned within thirty days of the contract's termination date. Violations, falsifications, or breaches of a contract may result in termination and required return of funds. Providers who improperly expend grant funds must repay them plus 6% annual interest and are ineligible for further contracts until repayment. The respondent is entitled to a formal hearing under the Administrative Procedure Act.

• ✓Unexpended funds must be returned within 30 days of termination
• ✓Improperly expended funds must be repaid plus 6% per annum interest
• ✓Provider is ineligible for further contracts until repayment; entitled to a formal hearing

This Chapter delineates rules the Commission follows in entering contracts for education and research. The Commission may contract with public or private institutions or individuals to establish, continue, or expand educational opportunities or research benefiting licensees or the public. The Commission is the sole arbiter of which programs to fund and prioritizes continuing education programs.

• ✓Commission may contract with institutions or individuals for education or research
• ✓Commission is the sole arbiter of which programs to fund
• ✓Priority is given to continuing education programs for licensees

The amount paid and duration of any contract are as provided in each contract, with amendments to increase payment or extend time at the Commission's discretion. No provision obligates the Commission to make any payment beyond the fiscal year in which it enters the contract.

• ✓Contract amount and duration are set in each contract
• ✓Amendments to payment or term are at Commission discretion
• ✓No obligation to pay beyond the fiscal year of contract entry

Proposals for education/research contracts must include: educational objective; benefit to licensees or the public; course outline/hours/schedule; research purpose/scope/place; detailed cost analysis; evidence of State Board of Education approval if subject to the Georgia Proprietary School Act; list of instructors and credentials; academic credit awarded; and other information the Commission requires.

• ✓Proposal must state educational objective and benefit to licensees/public
• ✓Proposal must include a detailed cost analysis
• ✓Proposal must include evidence of State Board of Education approval where applicable

The Commission must act on all proposals within sixty days of receiving a written original or amended proposal and notify the applicant in writing of acceptance terms, rejection reasons, or further information needed. Decisions of acceptance and rejection are final.

• ✓Commission must act within 60 days of receiving a proposal
• ✓Applicant must be notified in writing of the decision
• ✓Acceptance and rejection decisions are final

A full report of fund expenditures must be made within thirty days of the contract term's end. Providers conducting programs must issue certificates of attendance upon completion and send the Commission an attendance list within 14 days of a program's end. Attendees must be notified that certificates will be issued and records forwarded. The Commission may monitor programs at any time.

• ✓Expenditure report due within 30 days of contract term end
• ✓Attendance list due to Commission within 14 days of program end
• ✓Attendees must be notified certificates and records are forwarded to the Commission

Advertising and educational materials produced under a contract must indicate the cost is underwritten by the Georgia Real Estate Commission, and participants must be made aware of the Commission's participation. No other use of the Commission's name is permitted without prior approval. No substantive program changes may be made without prior Commission approval, though emergency changes may be temporarily approved by the Commissioner.

• ✓Advertising and materials must disclose Commission underwriting
• ✓No other use of the Commission's name without prior approval
• ✓Substantive changes require prior Commission approval; emergency changes need Commissioner approval in writing