Section 6.4 - Participation Fee Assessment:

Any REALTOR® of Santa Cruz Country Board of REALTORS® or another Board/Association of choice who is a principal, partner, corporate officer, or branch office manager acting on behalf of a principal, without further qualification, except as otherwise stipulated in these Rules, shall be eligible to participate in SCCMLS upon agreeing in writing to conform to the Rules and Regulations thereof and to pay the costs incidental thereto.

Section 6.5 – MLS Application:

Application for MLS participation shall be provided by SCCMLS and made in such manner and form as prescribed by the Board of Directors of SCCMLS. Access to the MLS system is available through Santa Cruz County Board of REALTORS® or another Board/Association of Participants choice. No direct Participant or Subscriber access is allowed. The application forms shall contain a signed statement agreeing to abide by the SCCMLS bylaws and any other applicable Rules and Regulations of SCCMLS as from time to time amended or adopted.

(A) In the event a Participant and/or Subscriber does not renew MLS subscription, terminates the MLS subscription before the expired date, or is granted a second consecutive Waiver, the application fee shall not be waived if the individual requests to re-apply for subscription to the MLS after (6) months from the occurrence.   

Section 6.6 – Access Credentials:

Subscribers shall be given access credentials in the form of an identification word or number, a password, and any other form of individual secure identification that SCCMLS may implement to preserve security of the system. Subscribers may not share their access credentials with anyone, whether the other party is another Subscriber or non-Subscriber. Further Subscribers may not share access to the system by allowing anyone else to participate in an online access session using their access credentials, whether or not the actual credentials were disclosed or shared. Further, except as provided for in Section 12, in the course of their normal real estate practices, Subscribers may not use or convey all or any portion of the SCCMLS Compilation from the system in any way to any non-Subscriber, non-Participant, or any ancillary business (whether or not affiliated with a Participant).

(A) Subscriber(s) who co-list properties may apply for access credentials for a Team login, only with the written permission of the Participant.

(B) Violation of these Rules will be subject to a minimum $1000.00 penalty pursuant to Section 7.

Section 6.7 - Full Participation:

All real estate and/or appraiser licensees in a Participant’s firm must be enrolled as Subscribers to SCCMLS unless application for a waiver is made and the waiver subsequently granted. Within Ten (10) Days of their affiliation with an SCCMLS Participant’s firm, all licensees affiliated with the Participant must apply for either (1) subscription to the SCCMLS or (2) waiver of requirement to participate and subscribe. SCCMLS shall notify Participant when SCCMLS becomes aware of licensees in Participant’s firm that have not complied with these requirements.

(A) A licensee affiliated with a Participant shall be exempt from payment of the SCCMLS if they satisfy and continue to satisfy ALL of the following requirements:

(1) Applicant is NOT the listing agent for any active listing included in the SCCMLS computer system (the “System”).

(2)  Applicant does NOT possess, control or use a Keysafe/Lockbox key to enter, view or show any property that is listed on the System.

(3)  Applicant does NOT directly or indirectly access or use in any manner whatsoever the listing information stored in the System.  Such access and use includes, but is not limited to, direct access to or use of the System and the use of any other devices, such a any device that permits access to and use of any listing information from the System, unless such activity is part of the duties as an hourly or salaried employee whether licensed or unlicensed as real estate agent.

(4)  Applicant does NOT directly or indirectly use in any manner whatsoever information from the System to list properties for sale or lease, to identify or locate properties for any potential Buyers or lessees and does not participate in holding open any properties listed in the System, unless such activity is part of the duties as an hourly or salaried employee whether licensed or unlicensed as real estate agent.

(5) Applicant does NOT directly or indirectly use in any manner whatsoever PRINTED information form the System to conduct showings and provide property information to any potential Buyers or lessees, unless such activity is part of the duties as an hourly or salaried employee whether licensed or unlicensed as real estate agent.

(6) Applicant is NOT a buyer agent for any listing included in the SCCMLS computer system (the “System”).

(B) Waivers based on the explanation given by the licensee shall be granted on a case-by-case basis and shall be evaluated by the MLS Standards Committee subject to the approval of SCCMLS Board of Directors. Both the Waiver Applicant and the Participant who employs the Waiver Applicant, or with whom Waiver Applicant is affiliated through licensure, shall attest and certify in writing that Waiver Applicant meets all of the requirements for waiver of participation and shall agree to notify SCCMLS within Ten (10) Days of the change should any of the requirements for continuing the waiver no longer be met. Failure to notify SCCMLS of the utilization of the MLS system by the individual granted a waiver shall result in the assessment of a fine in the amount of $1000.00 per violation pursuant to Section 7.

Participant shall be billed for fees retroactive to the beginning of the current Waiver. Waivers shall be given semi-annually and applied for 30 days in advance.  Renewals shall be applied for no later than:

(1)  March first and shall become effective April first

(2)  September first and shall become effective October first

(3)  Any new waiver applied for during the six (6) month period shall follow the renewal process thereafter.

(C) In the event a waiver is requested for basis of an illness, the MLS Standards Committee will not need to be required to evaluate waiver, request will only be subject to the approval of SCCMLS Board.

(D) In the event a Participant’s firm is not located within Santa Cruz County a blanket Waiver will be allowed by the Participant for his/hers affiliated licensees. Participant shall attest and certify in writing that Waiver Applicant(s) meet all of the requirements for waiver of participation and shall agree to notify SCCMLS within Ten (10) Days of the change should any of the requirements for continuing the waiver no longer are met by an applicant that was included in the blanket waiver. Failure to notify SCCMLS of the utilization of the MLS system by the individual granted a blanket waiver shall result in the assessment of a fine to the Participant in the amount of $1000.00 per violation pursuant to Section 7.

(E) In the event a statewide and/or regional Participant’s firm is a located with Santa Cruz County a blanket Waiver shall be allowed.

Section 6.8 – Licensed or Unlicensed Support Personnel:

Administrative, personal assistants, or secretarial personnel, whether or not they hold a real estate license, shall be allowed access to the system to the extent necessary for them to perform their duties with and for the Participant and the Participant’s Subscribers. The Participant shall file application and subscription fee(s) waived for administrative access in the manner established by SCCMLS.

(A) Each office/branch shall be entitled to at least one administrative access regardless of office size. Participants shall be allowed 1 for every 30 Subscribers for administrative personnel Access Credentials per office code.

(B) Offices may purchase additional administrative credentials, over and above those allocated in Section 6.5, for the fee specified by the MLS in the current fee schedule. The Participant shall be responsible for paying all fees associated with licensed or unlicensed support personnel’s credentials.

(C) Subscriber(s) who employ licensed or unlicensed support personnel may apply for an individual administrative credential only with the written permission of the Participant.

(D) Any person with an administrative credential may not under any circumstances be designated as a listing or selling agent on a property.

(E) Any change in the assignment of the administrative credentials, or any change in the license status of an administrative person, MUST be reported within Ten (10) Days to SCCMLS by the Participant.

(F) Violation of these Rules will be subject to a minimum $1000.00 penalty pursuant to Section 7.