58-3043. Granting or renewal of license; considerations of the commission.
- In determining whether to grant or renew a license the commission
shall consider:
- Any revocation or suspension of a prior real estate license;
- whether an applicant has committed any of the practices enumerated
in K.S.A. 58-3062, and amendments thereto, or has violated this act
or rules and regulations adopted hereunder during the term of any
prior license;
- any plea of guilty or nolo contendere to, or any conviction
of:
- Forgery, embezzlement, obtaining money under false pretenses,
larceny, extortion, conspiracy to defraud or any other similar offense;
- a crime involving moral turpitude; or
- any felony charge;
- any conduct of the applicant which reflects on the applicant's
honesty, trustworthiness, integrity or competence to transact the
business of real estate; and
- such other matters as the commission deems pertinent. In its
consideration of any such prior revocation, conduct or conviction,
the commission shall take into account the nature of the offense;
any aggravating or extenuating circumstances; the time elapsed since
such revocation, conduct or conviction; the rehabilitation or restitution
performed by the applicant; and such other factors as the commission
deems relevant.
- The commission may deny a license to any person who, without
a license, has engaged in a real estate activity for which a license
was required.
- When an applicant has made a false statement of material fact
on the application, such false statement may be sufficient reason
for refusal of 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; July 1.
