Enrolled HB 129: Relating to the authority of the Real Estate Commission to revoke licenses of persons convicted of certain crimes.
00Enrolled HB 129 01 Relating to the authority of the Real Estate Commission to revoke licenses of persons 02 convicted of certain crimes. 03 _______________ 04 * Section 1. AS 08.88.071(a) is amended to read: 05 (a) The commission shall 06 (1) determine whether applicants meet requirements for licenses under 07 this chapter and issue licenses to those who qualify; 08 (2) prepare and grade examinations; 09 (3) after hearing, have the authority to suspend or revoke the license of 10 a licensee or impose other disciplinary sanctions authorized under AS 08.01.075 on a 11 licensee who 12 (A) with respect to a real estate transaction 13 (i) made a substantial misrepresentation; 14 (ii) made a false promise likely to influence, persuade,
01 or induce; 02 (iii) in the case of a real estate broker, pursued a 03 flagrant course of misrepresentation or made a false promise through 04 another real estate licensee; 05 (iv) has engaged in conduct that is fraudulent or 06 dishonest; 07 (v) violates AS 08.88.391; 08 (vi) violates AS 08.88.396; 09 (B) procures a license by deceiving the commission, or aids 10 another to do so; 11 (C) has engaged in conduct of which the commission did not 12 have knowledge at the time the licensee was licensed demonstrating the 13 licensee's unfitness to engage in the business for which the licensee is licensed; 14 (D) knowingly authorizes, directs, connives at, or aids in 15 publishing, distributing, or circulating a material false statement or 16 misrepresentation concerning the licensee's business or concerning real estate 17 offered for sale, rent, or lease, or managed in the course of the licensee's 18 business in this or any other state or concerning the management of an 19 association in the course of a licensee's business in this or another state; 20 (E) if a real estate broker, wilfully violates AS 08.88.171(d) or 21 08.88.291; 22 (F) if an associate real estate broker, claims to be a real estate 23 broker, or, if a real estate salesperson, claims to be a real estate broker or 24 associate real estate broker; 25 (G) if a real estate broker, employs an unlicensed person to 26 perform activities for which a real estate license is required; 27 (H) if an employed real estate licensee of a real estate broker, 28 fails immediately to turn money or other property collected in a real estate 29 transaction over to the employing real estate broker; or 30 (I) fails to carry and maintain errors and omissions insurance 31 with terms and conditions established by the commission under AS 08.88.172;
01 (4) prosecute, through the Department of Law, violations of the 02 provisions of this chapter or lawful regulations adopted under this chapter; 03 (5) release for publication in a newspaper of general circulation in the 04 locale of the offending person's principal office registered with the commission notice 05 of disciplinary action taken by the commission against a person licensed under this 06 chapter; 07 (6) issue a temporary permit to the personal representative of the estate 08 of a deceased real estate broker or to another person designated by the commission 09 with the approval of the personal representative of the estate in order to secure proper 10 administration in concluding the affairs of the decedent broker's real estate business; 11 (7) issue a temporary permit to the personal representative of a legally 12 incompetent real estate broker or to another person designated by the commission with 13 the approval of the personal representative of the broker in order to secure proper 14 administration in temporarily managing the real estate business of the broker; 15 (8) establish and periodically revise the form of the seller's property 16 disclosure statement required by AS 34.70.010; 17 (9) have the authority to levy civil fines as established in this chapter; 18 (10) revoke the license of a broker, [OR] associate broker, or real 19 estate salesperson who is convicted of a felony or other crime committed while 20 licensed under this chapter that, in the judgment of the commission, affects the ability 21 of that person to practice as a broker, [OR] associate broker, or real estate 22 salesperson competently and safely or who is convicted of forgery, theft, extortion, 23 conspiracy to defraud creditors, or fraud; notwithstanding AS 08.88.171, a person 24 whose license is revoked under this paragraph is not qualified to obtain or renew 25 [FOR] a license under AS 08.88.171(a) - (c) [AS 08.88.171(a) OR (b)] until seven 26 years have elapsed since the person completed the sentence imposed for the 27 conviction. 28 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. Section 1 of this Act applies to criminal convictions for offenses 31 occurring before, on, or after the effective date of this Act.