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Practice Of Real EstateLicense LawMEDIUM

Kai is applying for a Hawaii real estate salesperson license. He completed 60 hours of pre-license education at an approved Hawaii school. The Hawaii Real Estate Commission reviews his application and finds that he was convicted of fraud five years ago. Under HRS Chapter 467, how will the Commission most likely handle Kai's application?

Correct Answer

D) The Commission has discretion to deny the license based on the conviction, considering factors such as the nature of the crime and evidence of rehabilitation.

Under HRS § 467-9 and § 467-14, the Hawaii Real Estate Commission has discretionary authority to deny a license application based on a criminal conviction. The Commission considers the nature of the crime, its relationship to real estate practice, the time elapsed, and evidence of rehabilitation. A fraud conviction is particularly relevant given its connection to honesty and trust in real estate transactions.

Answer Options
A
The Commission must approve the application because fraud is not listed as a per se disqualifying offense under HRS Chapter 467.
B
The Commission will approve the application because five years have passed since the conviction.
C
The Commission must deny the application automatically because any felony conviction disqualifies an applicant permanently.
D
The Commission has discretion to deny the license based on the conviction, considering factors such as the nature of the crime and evidence of rehabilitation.

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Related Topics & Key Terms

Key Terms:

license_categoriescriminal_convictionlicense_denialHRS_467

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