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Question
On June 1, 2022, Salesperson Jane is arrested for driving under the influence (DUI). Salesperson Jane has never been arrested before and her attorney expects she will be granted a diversion. Salesperson Jane tells no one of the incident.
On July 28, 2022, Salesperson Jane is officially charged with a misdemeanor DUI. The next day, Salesperson Jane informs her supervising broker, Broker Bob, of the DUI charge. Broker Bob tells Salesperson Jane to report the charge to the Kansas Real Estate Commission (KREC). Immediately, Salesperson Jane reports the charge to KREC.
Is Salesperson Jane in compliance?
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Answer
No. Salesperson Jane was required to report the arrest to KREC in writing within 10 days of being arrested. In addition, Salesperson Jane was required to report the arrest to her broker within 10 days of the arrest.
K.A.R. 86-3-15(a)(3) Each licensee shall report any of the following circumstances to the commission, in writing and within 10 days of the date of occurrence: Any charge of, arrest or indictment for, plea of guilty or nolo contendere to, or conviction of any of the following: (A) Any misdemeanor; or (B) any felony…
K.A.R. 86-3-15(d) Each licensee shall report to the licensee’s supervising broker or branch broker any information pursuant to paragraph (a)(3) within 10 days of the date of occurrence.
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