Sandra completed her 90-hour Minnesota pre-license education and passed both portions of the PSI licensing examination. She submitted her license application to the Minnesota Department of Commerce but listed a felony conviction from eight years ago for financial fraud on her application. The conviction was followed by a full pardon. Which of the following statements most accurately reflects how the Minnesota Department of Commerce will likely treat Sandra's application?
Correct Answer
B) The Department will review the nature of the crime, time elapsed, evidence of rehabilitation, and the pardon before making a licensing decision.
Under Minn. Stat. Ch. 82, the Minnesota Department of Commerce has discretionary authority to deny a license based on criminal history, but a felony conviction does not create an automatic, permanent bar. The Department conducts an individualized review considering the nature and seriousness of the crime, its relationship to the duties of a licensee, the time elapsed, evidence of rehabilitation, and any mitigating factors such as a pardon. This individualized assessment is required under Minnesota law and reflects the state's broader licensing rehabilitation standards.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
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