Section 452.25. Criminal convictions and disclosures.

 

(1)   Felony convictions.

(a) Notwithstanding ss. 111.321 , 111.322 , and 111.335 , and except as provided in pars. (b) to (e) , no applicant who is an individual may be issued a broker's or salesperson's license if the applicant has been convicted of a felony.

(b) If an applicant has been convicted of a felony described under par. (a) ; the applicant has completed the confinement portion of his or her sentence, if the applicant is serving a bifurcated sentence, or has been released from prison to parole or released upon the completion of his or her sentence; and 3 years have elapsed since the date on which the confinement portion was completed or the applicant was released, the applicant may apply to the board for a determination as to whether the applicant is suitable to be granted a license.

(c) If an applicant applies for a determination under par. (b) , the board may require the applicant to provide any information that is necessary for the investigation and shall make a determination by doing all of the following:

1. Reviewing any information relating to the felony.

2. Reviewing any supplemental information provided by the applicant bearing upon his or her suitability for licensure as a broker or salesperson.

3. Considering all of the following factors:

a. The severity and nature of the felony.

b. The amount of time that has elapsed.

c. The number or pattern of felonies or other similar incidents that gave rise to the felony conviction.

d. The circumstances surrounding the felony that may have a bearing on whether the applicant might repeat the behavior that was the subject of the felony.

e. The relationship of the felony to real estate practice.

f. The applicant's activities since the felony, including employment, education, participation in treatment, payment of restitution, and any other factor that may be evidence of rehabilitation.

(d) With respect to a determination under par. (c) , the applicant bears the burden of demonstrating his or her suitability for licensure.

(e) If the board makes a determination under par. (c) to allow an applicant to be granted a broker's or salesperson's license, the applicant shall be granted the license if the applicant satisfies all other requirements for granting the license.

(2)   False affirmations.

(a) No person may intentionally submit any false information on a form created by the board under s. 452.05 (1) (h) or (i) .

(b) No applicant may be issued an initial broker's or salesperson's license, and no applicant may renew such a license, if the applicant has violated par. (a) and failed to pay any forfeiture assessed by the board under s. 452.14 (4r) for that violation.

2013 a. 288 ; 2015 a. 258 .

Note

Par. (a) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (a) Notwithstanding ss. 111.321, 111.322, and 111.335, and except as provided in pars. (b) to (e), no applicant who is an individual may be issued a broker's or salesperson's license or a time-share salesperson's certificate of registration if the applicant has been convicted of a felony. Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (b) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (b) If an applicant has been convicted of a felony described under par. (a); the applicant has completed the confinement portion of his or her sentence, if the applicant is serving a bifurcated sentence, or has been released from prison to parole or released upon the completion of his or her sentence; and 3 years have elapsed since the date on which the confinement portion was completed or the applicant was released, the applicant may apply to the board for a determination as to whether the applicant is suitable to be granted a license or certificate. Microsoft Windows NT 6.1.7601 Service Pack 1 Subd. 2. is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 2. Reviewing any supplemental information provided by the applicant bearing upon his or her suitability for licensure as a broker or salesperson or for registration as a time-share salesperson. Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (d) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (d) With respect to a determination under par. (c), the applicant bears the burden of demonstrating his or her suitability for licensure or registration. Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (e) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (e) If the board makes a determination under par. (c) to allow an applicant to be granted a broker's or salesperson's license or a time-share salesperson's certificate of registration, the applicant shall be granted the license or certificate if the applicant satisfies all other requirements for granting the license or certificate of registration. Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (b) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (b) No applicant may be issued an initial broker's or salesperson's license or time-share salesperson's certificate of registration, and no applicant may renew such a license or certificate, if the applicant has violated par. (a) and failed to pay any forfeiture assessed by the board under s. 452.14 (4r) for that violation. Microsoft Windows NT 6.1.7601 Service Pack 1