At its Nov. 13 meeting, the Tennessee Real Estate Commission received a detailed explanation from Associate General Counsel Anna Matlock about how to apply the Fresh Start Act when the commission denies licensure due to criminal convictions.

Matlock said the statute reduces the number of factors the commission must consider when denying licensure from six to four. Those four factors are: (a) the relationship between the nature of the crime and the purposes of regulating the profession; (b) the relationship between the crime and an applicant
bility, capacity and fitness to perform the duties of the profession; (c) any evidence of rehabilitation or treatment that might mitigate the relationship between the conviction and professional duties; and (d) any applicable federal laws regarding the individual's participation in the profession.

Matlock emphasized the commission retains the power to deny licensure but must document a discussion of those factors on the record and send a written notice to the applicant that states the licensing authorityxplanation and the earliest date an applicant may reapply. For the commission's rules, Matlock noted the earliest reapply period is six months under rule 12.60-01-0.01, and an applicant has 30 business days from receipt of the notice to petition for reconsideration in Davidson County Chancery Court; the licensing authority must then demonstrate by a preponderance of the evidence that the conviction is related to the occupation or trade.

Matlock clarified Fresh Start does not apply to disciplinary revocations or sanctions arising from other jurisdictions' occupational disciplinary actions (for example, a license revoked by another state for professional disciplinary reasons). Commissioners asked procedural questions about when an applicant is "denied" (the commission's action at the meeting is the denial; the subsequent letter is notification), timing of certified mail, and whether the commission can limit its discretion on reinstatements. Matlock offered to email statutory text to commissioners and to research any outstanding accounting questions raised later in the meeting.

No formal vote was required on the Fresh Start guidance; commissioners thanked counsel for the overview and moved on to the informal appearance docket.