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Practice Of Real EstateLicense_lawHARD

James is a Wisconsin licensed real estate broker who has been convicted of a felony involving fraud. He applies for renewal of his broker's license. Under Wisconsin law, which of the following most accurately describes how REEB will handle his renewal application?

Correct Answer

C) REEB has discretionary authority to deny, suspend, or revoke the license based on its evaluation of whether the conviction is substantially related to the practice of real estate

Under Wisconsin Statutes Chapter 452 and the general professional licensing framework in Chapter 440, REEB has discretionary authority to deny, suspend, or revoke a license based on a criminal conviction. However, Wisconsin uses a 'substantial relationship' test — the board evaluates whether the nature of the crime is substantially related to the practice of real estate. A fraud-related felony would likely meet this test, but the process is discretionary and requires evaluation, not automatic denial. REEB must follow due process procedures before taking action.

Answer Options
A
REEB must automatically deny the renewal because any felony conviction results in mandatory license revocation under Wisconsin law
B
REEB must automatically renew the license because James has not yet been the subject of a separate REEB disciplinary proceeding
C
REEB has discretionary authority to deny, suspend, or revoke the license based on its evaluation of whether the conviction is substantially related to the practice of real estate
D
REEB may only take action after James has exhausted all criminal appeals, as a pending appeal prevents any administrative action

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Related Topics & Key Terms

Key Terms:

criminal_convictionsubstantial_relationship_testreeb_disciplinelicense_renewalchapter_440

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