TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

REAL ESTATE BOARD

Final Regulation

Title of Regulation: 18VAC135-20. Virginia Real Estate Board Licensing Regulations (amending 18VAC135-20-80, 18VAC135-20-120, 18VAC135-20-140, 18VAC135-20-370).

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.

Effective Date: October 1, 2024.

Agency Contact: Anika Coleman, Executive Director, Real Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reboard@dpor.virginia.gov.

Summary:

Pursuant to of § 54.1-113 of the Code of Virginia, the amendments adjust fees charged by the board. Since the publication of the proposed regulation, (i) the adjustment to the fee amounts has changed and (ii) the board voted to include amending several required forms.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

18VAC135-20-80. Application fees.

A. All application fees for licenses are nonrefundable and the date of receipt by the board or its agent is the date that will be used to determine whether it is on time.

B. Application fees are as follows:

C. The fee for examination or reexamination is subject to contracted charges to the board by an outside vendor. These contracts are competitively negotiated and bargained for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with these contracts.

18VAC135-20-120. Fees for renewal.

A. All fees for renewals are nonrefundable, and the date of receipt by the board or its agent is the date that will be used to determine whether it is on time.

B. Renewal fees are as follows:

18VAC135-20-140. Failure to renew; reinstatement required.

A. All applicants for reinstatement must meet all requirements set forth in 18VAC135-20-101. Applicants for reinstatement who want to activate their license must have completed the continuing education requirement in order to reinstate and activate the license. Applicants for reinstatement of an inactive license are not required to complete the continuing education requirement for license reinstatement.

B. If the requirements for renewal of a license, including receipt of the fee by the board, are not completed by the licensee within 30 days of the expiration date noted on the license, a reinstatement fee is required as follows:

C. A license may be reinstated for up to one year following the expiration date with payment of the reinstatement fee. After one year, the license may not be reinstated under any circumstances and the applicant must meet all current educational and examination requirements and apply as a new applicant.

D. A licensee may not perform activities defined in §§ 54.1-2100 and 54.1-2101 of the Code of Virginia with an expired license. Any real estate activity conducted subsequent to the expiration date may constitute unlicensed activity and be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 of the Code of Virginia.

18VAC135-20-370. Fees.

A. The application fee for an original certificate for a proprietary school shall be $190 [ $220 $265 ].

B. The renewal fee for proprietary school certificates expiring every two years from the last day of the month in which they were issued shall be $90 [ $145 $135 ].

C. If the requirements for renewal of a proprietary school certificate, including receipt of the fee by the board, are not completed within 30 days of the expiration date noted on the certificate, a reinstatement fee of $135 [ $220 $205 ] is required. A certificate may be reinstated for up to one year following the expiration date with payment of the reinstatement fee. After one year, the certificate may not be reinstated under any circumstances and the applicant must meet all requirements and apply as a new applicant. If the renewal requirements are not completed within 30 days of the expiration date noted on the proprietary school approval, the proprietary school shall no longer offer board-approved courses.

D. The application for an original prelicense education instructor certificate shall be $190 [ $220 $265 ].

E. The renewal fee for a prelicense instructor certificate expiring every two years from the last day of the month in which it was issued shall be $75 [ $120 $115 ].

F. If the requirements for renewal of an instructor certificate, including receipt of the fee by the board, are not completed within 30 days of the expiration date on the certificate, a reinstatement fee of $110 [ $180 $170 ] is required. A certificate may be reinstated for up to one year following the expiration date with payment of the reinstatement fee. After one year, the certificate may not be reinstated under any circumstances and the applicant must meet all requirements and apply as a new applicant.

G. The board in its discretion may deny renewal of a certificate for the same reasons it may deny initial approval.

[ FORMS (18VAC135-20)

Exchange to Salesperson License Application, A490-02DLIC-v3 (eff. 11/2015)

Pre-license Education Instructor Certification Application, A490-0230INSTR-v5 (rev. 11/2015)

Proprietary School Certification Application, A490-0211SCHL-v2 (rev. 11/2015)

Exchange to Salesperson License Application, A490-0225EXCHG-v5 (eff. 10/2024)

Prelicense Education Instructor Certification Application, A490-0230INSTR-v9 (rev. 10/2024)

Proprietary School Certification Application, A490-0211SCHL-vs4 (rev. 10/2024)

Real Estate Firm/Sole Proprietorship Audit, F490-02AUD (rev. 7/2014)

Individual - Name/Address Change Form, A954640-02NACHG-v2 (rev. 5/2015)

Firm License Application, A490-0226FLIC-v2 (rev. 2/2013)

Branch Office License Application, A490-0226BRLIC-v2 (rev. 2/2013)

Firm License Application, A490-0226FLIC-v6 (rev. 10/2024)

Branch Office License Application, A490-0226BRLIC-v6 (rev. 10/2024)

Business Entity License Transfer Application, A490-0226BETR-v2 (rev. 2/2013)

Business Entity License/Reinstatement Application, A490-0226BELIC-v3 (rev. 4/2013)

Business Entity License/Reinstatement Application, A490-0226BELIC-vs9 (rev. 10/2024)

Add-on/Removal of Business Entity Member Application, A490-0226ARBEM-v2 (rev. 2/2013)

Salesperson License Application, A490-0225SLIC-v2 (rev. 2/2013)

Salesperson - Activate/Transfer Application, A490-0225SAT-v2 (rev. 4/2015)

Salesperson License Application, A490-0225SLIC-v12 (rev. 10/2024)

Salesperson - Activate/Transfer Application, A490-0225SAT-v8 (rev. 10/2024)

Place License Inactive Application, A490-0225INACT-v1 (rev. 1/2013)

Concurrent Broker License Application, A490-0225CONCUR-v3 (rev. 6/2013)

Concurrent Broker License Application, A490-0225CONCUR-v8 (rev. 10/2024)

Concurrent Broker Acknowledgment Form, A490-0225CBA-v1 (rev. 2/2015)

Broker License Application, A490-0225BLIC-v2 (rev. 2/2013)

Broker - Activate/Transfer Application, A490-0225BAT-v2 (rev. 4/2015)

Broker License Application, A490-0225BLIC-v13 (rev. 10/2024)

Broker - Activate/Transfer Application, A490-0225BAT-v9 (rev. 10/2024)

Online Approval - Broker Acknowledgment Form, A490-0225BACK-v1 (rev. 12/2014)

In-State Experience Verification Form, A490-02VAEXP-v2 (rev. 2/2013)

Signature Authority Application, A460-02SIG_AUT-v2 (rev. 1/2013)

Branch Office - Supervising Broker Change Form, A490-02SBCHG-v2 (rev. 2/2013)

Firm Principal Broker/Officer Change Form, A490-02PBOCHG-v2 (rev. 2/2013)

Out-of-State Experience Verification Form, A490-02OSEXP-v2 (rev. 2/2013)

Firm Name/Address Change Form, A490-02FNACHG-v1 (rev. 1/2013)

Supervising Broker Certification Form, A490-02CERTFRM-v1 (rev. 1/2013)

Prelicense Education Course Approval Application, A490-0214PRE-v2 (rev. 1/2014)

Additional Instructor Approval Application, A490-0214ADD-v3 (rev. 5/2013)

Continuing Education Course Approval Application, A490-0214CRS-v5 (rev. 6/2015)

Post License Education Course Approval Application, A490-0214PLE-v5 (rev. 6/2015)

Broker - Universal License Recognition (ULR) Application - A490-0225B-ULR-v3 (eff. 10/2024)

Salesperson - Universal License Recognition (ULR) Application - A490-0225S-ULR-v2 (eff. 10/2024) ]