58-3039. Licensure; application; qualifications; examination; temporary salesperson's license.

1. Any person desiring to act as a broker or salesperson must file a written application for a license with the Commission or, if required by the Commission, with the testing service designated by the Commission. The application shall be in such form and detail as the Commission shall prescribe and shall be accompanied by application and license fees prescribed by K.S.A. 58-3063, and amendments thereto.
2. A license to engage in business as a broker or salesperson shall be granted only to a person who is 18 or more years of age and who has a high school diploma or its equivalent.
3. In addition to the requirements of subsection (b), except as provided in subsection (d), each applicant for an original license as a broker shall have been:
1. Licensed as a salesperson in this state or as a salesperson or broker in another state, and shall have been actively engaged in any of the activities described in subsection (f) of K.S.A. 58-3035, and amendments thereto, for a period of at least two years during the five years immediately preceding the date of the application for a license; or
2. if an applicant resides in a county that according to the 1994 estimates of the U.S. bureau of the census has a population of 20,000 or less, the Commission may, upon a finding that such county suffers from a shortage of brokers and upon compelling evidence of need, waive or alter the requirements of this subsection. The Commission shall adopt rules and regulations to establish alternative licensing criteria for such applicants.
4. The Commission may accept proof of experience in the real estate or a related business or a combination of such experience and education which the Commission believes qualifies the applicant to act as a broker as being equivalent to all or part of the experience required by subsection (c).
5. Except as provided in K.S.A. 58-3040, and amendments thereto, each applicant for an original license shall be required to pass a written examination covering generally the matters confronting brokers or salespersons, and no license shall be issued on the basis of such an examination either or both sections of which were administered more than four months prior to the date that the applicant's application is filed with the Commission. The examination may be given by the Commission or any person designated by the Commission. Each person taking the examination shall pay the examination fee prescribed pursuant to K.S.A. 58-3063, and amendments thereto, which fee the Commission may require to be paid to it or directly to the testing service designated by the Commission. The examination for a broker's license shall be different from or in addition to that for a salesperson's license.
6.  
1. Each applicant for an original salesperson's license who meets the requirements of this act shall be issued a temporary salesperson's license which shall expire six months after the last calendar day of the month in which the license was issued, on the last calendar day of that month.
2. No later than 10 days prior to the expiration date of a temporary salesperson's license, the salesperson shall file an application on a form provided by the commission. The application shall be accompanied by the license fee prescribed by K.S.A. 58-3063, and amendments thereto, and evidence of compliance with the requirements of subsection (f)(1) of K.S.A. 58-3046a, and amendments thereto. The commission shall issue a salesperson's license to a person who complies with the provisions of this paragraph. The issuance date of the salesperson's license shall be the day following the expiration date of the temporary license. The expiration date of the license shall be determined in accordance with a schedule established by rules and regulations of the commission.
3. Failure to comply with the provisions of paragraph (2) shall automatically cancel the temporary license on its expiration date.
4. A person whose temporary salesperson's license was canceled pursuant to paragraph (3) may apply for a salesperson's license provided such application, the license fee prescribed by K.S.A. 58-3063, and amendments thereto, and evidence of attendance of 30 hours of instruction received after issuance of the temporary license pursuant to subsection (f)(1) of K.S.A. 58-3046a, and amendments thereto, are received by the commission within three months after the expiration date of the temporary license. The commission shall issue a salesperson's license to a person who complies with the provisions of this paragraph. The expiration date of the license shall be determined in accordance with a schedule established by rules and regulations of the commission.
7. The commission, prior to granting an original license, shall require proof that the applicant has a good reputation for honesty, trustworthiness, integrity and competence to transact the business of broker or salesperson in such manner as to safeguard the public interest.
8. An application for an original license as a salesperson shall be accompanied by the recommendation of the broker with whom the salesperson is to be associated, or by whom the salesperson is to be employed, certifying that the applicant is honest, trustworthy and of good reputation.

(History: L. 1980, ch. 164, § 6; L. 1985, ch. 188, § 1; L. 1986, ch. 209, § 3; L. 1988, ch. 197, § 2; L. 1989, ch. 167, § 4; L. 1995, ch. 149, § 2; L. 1997, ch. 65, § 7; L. 2002, ch. 82, § 3; July 1.)