§ 12-10-222. Acts of Third Parties – Broker’s Liability
Any unlawful act or violation of any of the provisions of this part 2 upon the part of an employee, officer, or member of a licensed real estate broker shall not be cause for disciplinary action against a real estate broker, unless it appears to the satisfaction of the commission that the real estate broker […]
§ 12-10-223. Violations
[ Editor’s note: This version of this section is effective until March 1, 2022. ] Any natural person, firm, partnership, limited liability company, association, or corporation violating the provisions of this part 2 by acting as real estate broker in this state without having obtained a license or by acting as real estate broker after […]
§ 12-10-224. Subpoena Compelling Attendance of Witnesses and Production of Records and Documents
The commission, the director, or the administrative law judge appointed for hearings may issue a subpoena compelling the attendance and testimony of witnesses and the production of books, papers, or records pursuant to an investigation or hearing of the commission. The subpoenas shall be served in the same manner as subpoenas issued by district courts […]
§ 12-10-225. Failure to Obey Subpoena – Penalty
[ Editor’s note: This version of this section is effective until March 1, 2022. ] Any person who willfully fails or neglects to appear and testify or to produce books, papers, or records required by subpoena, duly served upon him or her in any matter conducted under parts 2 and 5 of this article 10, […]
§ 12-10-226. Powers of Commission – Injunctions
The commission may apply to a court of competent jurisdiction for an order enjoining any act or practice that constitutes a violation of parts 2 and 5 of this article 10, and, upon a showing that a person is engaging or intends to engage in any such act or practice, an injunction, restraining order, or […]
§ 12-10-227. Repeal of Part – Subject to Review
This part 2 is repealed, effective September 1, 2026. Before the repeal, the division, including the commission, is scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 642, § 1, effective October 1. Editor’s note: This section is similar to former § 12-61-123 […]
§ 12-10-217. Investigation – Revocation – Actions Against Licensee or Applicant – Definition
The commission, upon its own motion, may, and, upon the complaint in writing of any person, shall, investigate the activities of any licensee or any person who assumes to act in the capacity of a licensee within the state, and the commission, after holding a hearing pursuant to section 12-10-219, has the power to impose […]
§ 12-10-218. Affiliated Business Arrangements – Definitions – Disclosures – Enforcement and Penalties – Reporting – Rules – Investigation Information Shared With the Division of Insurance
As used in this section, unless the context otherwise requires: “Affiliated business arrangement” means an arrangement in which: A provider of settlement services or an associate of a provider of settlement services has either an affiliate relationship with or a direct beneficial ownership interest of more than one percent in another provider of settlement services; […]
§ 12-10-219. Hearing – Administrative Law Judge – Review – Rules
Except as otherwise provided in this section, all proceedings before the commission with respect to disciplinary actions and denial of licensure under this part 2 and part 4 of this article 10 and certifications issued under part 5 of this article 10 shall be conducted by an administrative law judge pursuant to the provisions of […]
§ 12-10-220. Rules
All rules adopted or amended by the commission are subject to sections 24-4-103 (8)(c) and (8)(d) and 24-34-104 (6)(b). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 640, § 1, effective October 1. Editor’s note: This section is similar to former § 12-61-114.5 as it existed prior to 2019.