2006 Kansas Code - 58-3043

      58-3043.   Granting or renewal of license; considerations of the commission. (a) In determining whether to grant or renew a license the commission shall consider:

      (1)   Any revocation or suspension of a prior real estate license;

      (2)   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;

      (3)   any plea of guilty or nolo contendere to, or any conviction of: (A) Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other similar offense; (B) a crime involving moral turpitude; or (C) any felony charge;

      (4)   any conduct of the applicant which reflects on the applicant's honesty, trustworthiness, integrity or competence to transact the business of real estate; and

      (5)   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.

      (b)   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.

      (c)   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.