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Practice Of Real EstateLicense_lawHARD

Helen is a Washington real estate Broker who has been convicted of a felony involving financial fraud. She applies for renewal of her Washington real estate license. Under RCW Chapter 18.85, which of the following most accurately describes how the DOL will treat her renewal application?

Correct Answer

D) The DOL will review the conviction using a nexus analysis to determine whether the crime is substantially related to the practice of real estate, and may deny, condition, or grant the renewal based on that review.

Under RCW 18.85 and Washington's Uniform Regulation of Business and Professions Act (RCW 18.235), the DOL uses a nexus analysis when considering criminal convictions in licensing decisions. The DOL evaluates whether the crime is substantially related to the qualifications, functions, or duties of a real estate licensee. A felony involving financial fraud has a clear nexus to real estate practice, and the DOL has discretion to deny, condition, or grant the renewal based on the totality of circumstances, including the nature of the crime, time elapsed, and evidence of rehabilitation.

Answer Options
A
The DOL must grant the renewal if Helen has completed her sentence and has not committed any additional violations since the conviction.
B
The DOL may only consider convictions that occurred within the past five years; older convictions cannot be used as grounds for denial of renewal.
C
The DOL must automatically deny the renewal because any felony conviction results in permanent ineligibility for a real estate license in Washington.
D
The DOL will review the conviction using a nexus analysis to determine whether the crime is substantially related to the practice of real estate, and may deny, condition, or grant the renewal based on that review.

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Related Topics & Key Terms

Key Terms:

criminal_convictionnexus_analysislicense_denialrcw_18_85

Related Concepts

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