Erroneous grant of application does not preclude later disciplinary action.

Topic: Real Estate, Decided by: Judge Miller 
Docket Number: 1454067 , Decision Date: September 23, 2014 
Attachment: Click here to download the decision. 

Respondent, a licensed real estate salesperson, was arrested on two felony counts in 2007, and ultimately sentenced to three years of probation.  Although her license was on inactive status at the time of the arrest and sentencing, she was still required to report the guilty plea to the Commission, but failed to do so.  In 2009, while Respondent was still on probation, the Commission granted her application for reinstatement of her license, even though Respondent answered yes to a question about her criminal history.  The Commission eventually discovered its error when Respondent applied to renew her license and sought to impose a fine and reprimand against her. The Court concluded that the Commission was not foreclosed from imposing disciplinary action because of its prior error in reinstating Respondent’s license.

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