THE NEW JERSEY REAL ESTATE LICENSE ACT Page 43

R.S. 45:15-17, be subject to sanctions by the New Jersey Real Estate Commission for engaging in conduct which demonstrates incompetency.
L. 1994, c. 150, § 2.
45:15-17.4. Rules, regulations
The New Jersey Real Estate Commission, after consultation with the Director of the Division of Motor Vehicles, shall, pursuant to the provisions of the “Administrative Procedure Act,” P.L.1968, c. 410 (C. 52:14B-1 et seq.), promulgate rules and regulations to effectuate the provisions of this act.
L. 1994, c. 150, § 3.
45:15-18. Notification to licensee of charges made in license suspension, revocation
With the exception of a temporary suspension imposed by the commission pursuant to section 23 of P.L.1993, c. 51 (C. 45:1517.1), the commission shall, before suspending or revoking any license, and at least ten days prior to the date set for the hearing, notify in writing the licensee of any charges made, and afford him an opportunity to be heard in person or by counsel. Such written notice may be served either personally or sent by certified mail to the last known business address of the licensee. If the licensee is a broker-salesperson or salesperson, the commission shall also notify the broker employing him, specifying the charges made against such licensee, by sending a notice thereof by certified mail to the broker’s last known business address. The commission shall have power to bring before it any licensee or any person in this State pursuant to subpoena served personally or by certified mail; or the commission may take testimony by deposition in the same manner as prescribed by law in judicial proceedings in the courts of this State. Any final decision or determination of the commission shall be reviewable by the Appellate Division of the Superior Court.
Amended 1953,c.43,s.73; 1993,c.51,s.25.
45:15-19. Cause for revocation of broker’s license
Any unlawful act or violation of any of the provisions of this article, by any real estate broker-salesperson or salesperson, shall not be cause for the revocation of any real estate broker’s license, unless it shall appear to the satisfaction of the commission that the real estate broker employing such licensee had guilty knowledge thereof.
Amended 1993, c. 51, s. 26.
45:15-19.1. License revoked upon conviction
When, during the term of any license issued by the commission, the licensee shall be convicted in a court of competent jurisdiction in the State of New Jersey or any state (including federal courts) of forgery, burglary, robbery, any theft or related offense with the exception of shoplifting, criminal conspiracy to defraud, or other like offense or offenses, or any crime involv-
ing, related to or arising out of the licensee’s activities as a real estate broker, broker-salesperson, salesperson or referral agent, and a duly certified or exemplified copy of the judgment of conviction shall be obtained by the commission, the commission shall revoke forthwith the license by it theretofore issued to the licensee so convicted.
L. 1953, c. 229, § 6; amended 1989, c. 126, § 4; 1993, c. 51, § 27; 2009, c. 238, § 14,eff. July 1, 2011.
45:15-19.2. License suspended when licensee is indicted
In the event that any licensee shall be indicted in the State of New Jersey or any state or territory (including federal courts) for murder, kidnapping, aggravated sexual assault, robbery, burglary, arson, any theft offense, bribery, racketeering, distribution of a controlled dangerous substance or conspiracy to distribute a controlled dangerous substance, forgery, criminal conspiracy to defraud, or other like offense or offenses, or any crime involving, related to or arising out of the licensee’s activities as a real estate broker, broker-salesperson, salesperson or referral agent, and a certified copy of the indictment is obtained by the commission, or other proper evidence thereof be to it given, the commission shall have authority, in its discretion, to suspend the license issued to such licensee pending trial upon such indictment.
L. 1953, c. 229, § 7; amended 1989, c. 126, § 5; 1993, c. 51, § 28; 2009, c. 238, § 15,eff. July 1, 2011.
45:15-20. Nonresident licenses
A nonresident may become a real estate broker, broker-salesperson, salesperson or referral agent by conforming to all of the provisions of R.S.45:15-1 et seq. All nonresident licenses issued by the commission prior to July 1, 1994 may be renewed upon payment of the renewal fees established pursuant to R.S.45: 1515. All nonresident licenses so renewed shall be issued by the commission in the same form as a resident license. In the event that any person to whom a nonresident license is issued fails to maintain or renew the license or to obtain a new license from the commission for a period of two or more consecutive years, the person shall be required to fulfill the requirements for initial licensure established pursuant to R.S.45:15-9 prior to the issuance of any further license.
A licensed broker whose main office is not located within this State shall only provide brokerage services concerning real estate located within this State either personally or through persons in the broker’s employ who are the holders of real estate broker-salesperson, salesperson or referral agent licenses issued by the commission. In the event that a broker maintains one or more branch offices in this State, no person shall engage in the business of a real estate broker, broker-salesperson, salesperson or referral agent at those offices unless the person is a holder of a license issued by the commission authorizing him to do so.
Amended 1938, c. 227, § 2; 1949, c. 214; 1961, c. 88, § 3; 1993, c. 51, § 29; 2009, c. 238, § 16, eff. July 1, 2011.
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