Chapter 1 of 1810% of exam

Powers of the Alaska Real Estate Commission

Area I of the Pearson VUE Alaska Real Estate Law Content Outline is worth 6 of the 60 state items on the broker exam. Its printed subtopics are investigations, hearings and appeals; the recovery fund; sanctions (disciplinary actions and penalties); and examination of records.

Investigations, hearings and appeals

AS 08.88.037 lets the commission ask the department to investigate. Where action is warranted in the public interest and a majority of commission members approve, the department may order a person to stop a practice, sue for an injunction, examine the books and records of a person whose business requires licensure, and issue subpoenas. A temporary order may issue before a hearing; it becomes final if no hearing is requested within 15 days after the person receives notice. If a hearing is requested it must be held within 30 days, and the commission issues its final order within 10 days after the hearing. AS 08.88.131 applies the Administrative Procedure Act, and AS 08.88.167(e) sends an appeal of a civil penalty to the superior court under AS 44.62.560.

The real estate recovery fund

AS 08.88.450 establishes the real estate recovery fund — note the statutory name; it is not a "surety fund," though AS 08.88.455 does describe the licensee's fee as being paid "in lieu of obtaining a corporate surety bond." A claimant must obtain a final judgment, a final arbitration award, or a settlement agreement involving fraud, an intentional tort, deceit, or the conversion of trust funds or community association accounts; must file an affidavit of due diligence showing the amount is uncollectable; and must file the claim, with a $250 filing fee, within two years after the judgment, award or agreement stops being appealable. Awards are capped at $15,000 per transaction (AS 08.88.465(a)) and $50,000 for any one licensee (AS 08.88.475(a)), with pro rata distribution where claims exceed the licensee cap. The commission is subrogated to the claimant's rights under AS 08.88.490.

Sanctions, penalties and examination of records

AS 08.88.071(a)(3) lets the commission, after hearing, suspend or revoke a license or impose other sanctions authorized by AS 08.01.075 for substantial misrepresentation, false promises, fraudulent or dishonest conduct, conflicts of interest, employing unlicensed people, failing to carry errors and omissions insurance, and more. Where the recovery fund pays an award, AS 08.88.071(b) lets the commission suspend the license, lifting the suspension on a repayment agreement plus the education required by AS 08.88.095. AS 08.88.167 authorizes a civil penalty for unlicensed or unauthorized practice of up to $5,000, or the gain realized plus $5,000, whichever is greater, per offense. On records, 12 AAC 64.135(a) gives a broker at least 72 hours' notice of a routine inspection, held on a weekday between 8:00 a.m. and 5:00 p.m.; a full audit under 12 AAC 64.135(b) may be unannounced, with only a 24-hour hardship delay during which the auditor seals the records.

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State-specific details

State exam facts

Exam vendor
Pearson VUE
Prelicensing education
30 hours of Alaska broker training education
Passing score
Scaled score of 75
Scored questions
140
Time limit
240 minutes
Who regulates real estate brokers in Alaska?

The Alaska Real Estate Commission, within the Division of Corporations, Business and Professional Licensing, licenses real estate brokers, associate brokers, and salespersons. The Commission contracts with Pearson VUE to develop, administer, and score both the national and the Alaska state law portions of the licensing exam.

What experience do I need before the Alaska broker exam?

Alaska broker applicants must be at least 22 years old (12 AAC 64.059) and must have had at least 36 months of active and continuous experience as a real estate licensee within the 60 months immediately preceding application (AS 08.88.171(a)). "Active and continuous" is defined in 12 AAC 64.990(a) as holding a current active license with no single break of more than 30 days caused by failing to affiliate with an employing broker and file the application — so it is not quite the same as 36 unbroken months. Applicants must also complete 30 hours of commission-approved broker training education within the 18 months immediately preceding application, and file the license application within six months of passing the exam.

How is the Alaska broker exam structured?

The Alaska broker exam is one four-hour session covering two portions: a national/general portion of 80 scored items plus 5 pretest items, and an Alaska state law portion of 60 scored items plus 5 to 10 pretest items. Results are reported as a scaled score from 0 to 100 and a scaled score of 75 is required to pass, so the number reported is neither the count nor the percentage of questions answered correctly.

Sources: https://www.commerce.alaska.gov/web/cbpl/professionallicensing/realestatecommission.aspx, https://www.pearsonvue.com/content/dam/VUE/vue/en/documents/publications/092200.pdf

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