§ 34-27-33. Written examination; conditions for licensure; issuance
of licenses.

(a)(1) In addition to other requirements of this chapter, every applicant for
a broker's or salesperson's license shall submit to a reasonable written
examination. The commission shall conduct examinations at places and
times it prescribes. The commission may contract with an independent
testing agency to prepare, grade, or conduct the examination.
(2) The fee shall be seventy-five dollars ($75) for each examination taken
by the applicant. No refund shall be made if an applicant fails the
examination. The examination fee shall be paid by certified check, cashier's
check, or money order. If an applicant is scheduled and issued a
written permit for an examination and fails to appear, one-half of the
examination fee shall be forfeited. The provisions of this subdivision shall
continue until October 1, 2001, at which time they shall terminate.
(3) Effective October 1, 2001, and thereafter, the fee for each examination
and the provisions for payment and forfeiture shall be as specified in
the contract with the independent testing agency.
(b) Within 90 days after passing the examination, the applicant shall secure
a qualifying broker and meet all requirements of this chapter and the board
shall issue an active license or classify the license as inactive. In order to
obtain an active license, the applicant's qualifying broker shall sign and
submit to the commission a sworn statement that the applicant is in his or
her opinion honest, trustworthy, and of good reputation and that the broker
accepts responsibility for the actions of the salesperson as set out in Section
34-27-31. The applicant's qualifying broker shall be licensed in Alabama.
(c)(1) On passing the examination and complying with all other conditions
for licensure, a temporary license certificate shall be issued to the applicant.
The applicant is not licensed until he or she or his or her qualifying broker
actually receives the temporary license certificate. A temporary license
shall be valid only for a period of one year following the first day of the
month after its issuance.
(2) The holder of a temporary license shall not be issued an original
license until he or she has satisfactorily completed a 30-hour post-license
course prescribed by the commission. The holder of a temporary license
must complete the course within 6 months of issuance of his or her
temporary license and have his or her original license issued, otherwise his
or her temporary license certificate shall automatically be placed on inactive
status by the commission. During the remaining 6 months his or her
temporary license is valid, the holder of a temporary license may complete
the course and have his or her original license issued. If the holder of a
temporary license does not complete the course and have his or her original
license issued within one year following the first day of the month after its
issuance, the temporary license shall automatically expire and lapse. A
temporary license is not subject to renewal procedures in this chapter and
may not be renewed.
(3) In order to have a temporary license issued to active status, the
applicant shall pay the Recovery Fund fee specified in this chapter. The
holder of a temporary license shall, upon satisfactory completion of the
course, pay the original license fee specified in this chapter to have his or
her original license issued. An applicant for an original license who has
paid the Recovery Fund fee specified in this chapter shall not be required to
pay another Recovery Fund fee in order to have his or her original license
issued.
(4) The holder of an original license who has satisfactorily completed the
post license course and whose original license has been issued, shall not be
subject to the continuing education requirements in this chapter for the
first renewal of his or her original license.
(d) This section shall become effective for licenses issued beginning October
1, 1993.

(Acts 1951, No. 422, p. 745, § 8; Acts 1963, No. 290, p. 734, § 8;
Acts 1971, No. 2485, p. 3966, § 8; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599,
§ 1; Acts 1975, No. 563, p. 1276, § 1; Acts 1978, No. 654, p. 932, § 1; Acts
1982, No. 82-231, p. 282, § 1; Acts 1983, No. 83-516, p. 781, § 1; Acts 1985,
No. 85-750, p. 1204, § 1; Acts 1988, No. 88-214, p. 315, § 3; Acts 1992, No.
92-177, p. 305, § 3; Act 2001-310, p. 391, § 1.)

Cross references

See RULE 790-X-2.02; RULE 790-X-2.03.