N.J.A.C. 11:5-3.8 — Qualifications for licensing; broker and broker-salesperson

(a) All references in this section to "brokers" shall include broker-salespersons. Applicants for licensure as a broker must satisfy the experience requirement imposed at N.J.S.A. 45:15-9, which requires a demonstration of the applicant's commitment to real estate brokerage as their primary vocation, evidenced by their involvement in the real estate brokerage business on a full-time basis. 1. A person presently licensed as a broker in another state, who has been actively licensed and engaged in the brokerage business on a full-time basis as a broker, broker-salesperson, or salesperson for at least three years immediately preceding the date of application, shall qualify for a waiver of the experience requirement. 2. With the exception of those persons set forth at (a)1 above, applicants must have been continuously licensed and employed on a full-time basis as a salesperson for the three years immediately preceding their application. Full-time employment shall be demonstrated by a showing that: i. The applicant has worked as a salesperson under the authority of the broker(s) with whom they were licensed for at least 40 hours per week and during the hours of approximately 10:00 A.M. to 8:00 P.M.; ii. The work at (a)2i above was performed during any five days in each week of the three-year period; and iii. Any other employment held by the applicant during the three-year period was on a part-time basis and did not exceed 25 hours per calendar week. Any other employment held by the applicant during the three-year period was on a part-time basis and did not exceed 25 hours per calendar week. 3. No applications for approval of an applicant's experience to qualify for licensure as a broker shall be made until an applicant: i. Has been continuously licensed as a salesperson for the three years immediately preceding such application; and ii. Has completed the education requirement set forth at N.J.A.C. 11:5-2.1(g). (b) The Commission shall give due consideration to the following in reviewing the experience of an applicant: 1. Evidence of active involvement in the brokerage business as a salesperson on a full-time basis during each year of the three-year period. Written statements by the brokers with whom the applicant was licensed which certify the applicant's activity as a salesperson must be submitted. 2. Applicants and/or brokers may also be required to submit supporting documentation relating to the closed transactions on which the applicant received compensation as a salesperson from the broker, or other evidence of full-time activity, such as extensive involvement in a specialized field of real estate brokerage. 3. An applicant whose brokerage activity was limited to solely making referrals to other licensees will not be deemed to have fulfilled the experience requirement. (c) An applicant licensed as a broker-salesperson shall meet the same qualifications as set forth at (a) and (b) above. The applicant must be employed by, and under the supervision of, a duly licensed broker and shall not independently maintain an office or escrow account. The applicant may have served as an office supervisor for a branch office in accordance with N.J.S.A. 45:15-12. (d) Applicants shall include with their application for licensure examination, a Course Completion Certificate from a licensed school or offered by another approved provider pursuant to N.J.S.A. 45:15-10.1.b and N.J.A.C. 11:5-2.1 and 2.2, unless waived in accordance with N.J.S.A. 45:15-10.2 and N.J.A.C. 11:5-2.1. (e) An applicant must pass the State licensing examination and apply for the issuance of a license as a broker or broker-salesperson not later than one year after successful completion of the education requirements. An applicant who fails to apply within that one-year period shall be required to retake and complete the education requirement, the State licensing examination, and must submit evidence of having again fulfilled the experience requirement during the three years immediately preceding the new application.