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Commission counsel outlines Fresh Start Act requirements for license denials
Summary
Counsel summarized the Fresh Start Actchanges to how the commission must document and notify applicants when denying licensure for criminal convictions, including four factors to be discussed on the record and a written notice with earliest reapply date; applicants may petition in Davidson County Chancery Court.
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…
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