58-3043. Granting or renewal of license; considerations of the commission; conviction of crime; effect of.
58-3043
58-3043. Granting or renewal of license;considerations of the commission; conviction of crime; effect of.(a) In determining whether to grant or renew a license the commissionshall consider:
(1) Any revocation or suspension of a prior real estate license;
(2) (A) Whether an applicant has committed any of the following during theterm of any prior real estate license:
(i) A violation of any of the practices enumerated in K.S.A. 58-3062, andamendments thereto;
(ii) a violation of this act or rules and regulations adopted hereunder; or
(iii) a violation of the brokerage relationships in real estate transactionsact, K.S.A. 58-30,101 et seq., and amendments thereto;
(B) whether an applicant has been finally adjudicated and a determination wasmade by a federal, state or other appropriate licensing body that the applicantcommitted any violation that is comparable to a violation in subparagraph (A)during the term of any real estate license issued to the applicant by anotherjurisdiction;
(3) any plea of guilty or nolo contendere to, or anyconviction of any misdemeanor which reflects on the applicant'shonesty, trustworthiness, integrity or competence to transact the business ofreal estate;
(4) any conduct of the applicant which reflects on theapplicant's honesty, trustworthiness, integrity or competence to transact thebusiness of real estate; and
(5) such other matters as the commission deems pertinent.
(b) In its consideration of any prior revocation, conduct or plea of guiltyor nolo contendere to orconviction of a misdemeanor as specified in subsection (a), the commissionshall consider the following factors:
(1) The nature of the offense;
(2) any aggravating or extenuating circumstances;
(3) the time elapsed since such revocation, conduct or plea of guilty or nolocontendere to or conviction of a misdemeanor;
(4) the rehabilitation or restitution performed by the applicant; and
(5) any other factors that the commission deems relevant.
(c) The commissionmay deny a license to any person who, without a license,has engaged in a real estate activity for which a license was required.
(d) When an applicant has made a false statement ofmaterial fact on the application, such false statementmay be sufficient reason for refusal of a license.
(e) (1) Except as provided in paragraph (2), thecommission shall refuse togrant a license to an applicantif the applicant has entered a plea of guilty or nolo contendere to, or hasbeen convicted of:
(A) (i) Any offense that is comparable to any crime which would require theapplicant to register asprovided in the Kansas offender registration act; or
(ii) any federal, military or other state conviction for an offense that iscomparable to any crime under thelaws of this state which would require the applicant to register as provided inthe Kansas offenderregistration act; or
(B) (i) Any felony other than a felony undersubparagraph (A); or
(ii) any federal, military or other state conviction for an offense that iscomparable to any underthe laws of this state other than a felony undersubparagraph (A).
(2) The commission may grant an original licensepursuant to subsection (f) if the applicant's application isreceived at least:
(A) Fifteen years after the date of the applicant's discharge frompostrelease supervision, completion of any nonprison sanction or suspensionof the imposition of the sentence resulting from any plea of guilty ornolo contendere to or conviction of any offense specified insubparagraph (A) of paragraph (1); or
(B) five years after the date of the applicant's discharge frompostrelease supervision, completion of any nonprison sanction or suspensionof the imposition of the sentence resulting from any plea of guilty ornolo contendere to or conviction of any offense specified insubparagraph (B) of paragraph (1), whichever is applicable.
(3) For the purposes of this subsection, "postrelease supervision" shall havethe meaning ascribedto it in K.S.A. 21-4703 and amendments thereto.
(4) For the purposes of this subsection, "nonprison sanction" shall havethe meaning ascribed to it in K.S.A. 21-4703, and amendments thereto.
(f) (1) The commission may renew orgrant an original license to an applicant who has entered a plea of guiltyor nolo contendere to, or has been convicted of any crime listed in paragraph(1) of subsection (e) if the applicant presents to thecommission satisfactory proof that the applicant now bears a goodreputation for honesty,trustworthiness, integrity and competence to transact the business of realestate in such a manner as tosafeguard the interest of the public. The burden of proof shall be on theapplicant to present suchevidence to the commission.
(2) In addition to the factors listed in subsections(a) and (b), in determining whether or not the applicant presently has agood reputation as required in subsection (f), the commissionshall consider the following additional factors:
(A) The extent and nature of the applicant's past criminal activity;
(B) the age of the applicant at the time of the commission of the crime orcrimes;
(C) the amount of time elapsed since the applicant's last criminal activity;
(D) the conduct and work activity of the applicant prior to and followingthe criminal activity; and
(E) evidence of the applicant's rehabilitation or rehabilitative effort;and
(F) all other evidence of the applicant's present fitness for a license.
History: L. 1980, ch. 164, § 10;L. 1984, ch. 313, § 85;L. 1986, ch. 209, § 5;L. 2002, ch. 82, § 5;L. 2004, ch. 82, § 1;L. 2007, ch. 88, § 2;L. 2008, ch. 155, § 2; July 1.