(1) Prior to taking a licensure examination, an applicant shall request a copy of the applicant’s national criminal history check, which shall only be valid for ninety (90) days from the date of the record report.
(2)(a) The applicant may request a copy of his or her national criminal history check from the Federal Bureau of Investigation pursuant to the provisions of 28 C.F.R. 16.30 to 16.33 or through the Kentucky State Police for submission to the Federal Bureau of Investigation consistent with KRS 324.045(5).
(b) An applicant may submit the Criminal History Affidavit, KREC Form 209, with his or her application for licensure if:
- The applicant is unable to obtain his or her national criminal history check from the Federal Bureau of Investigation because the applicant’s fingerprints are rejected;
- The applicant submits proof that he or she was fingerprinted at a recognized state or local law enforcement agency;
- The applicant submits a Kentucky Administrative Office of the Courts (AOC) Fast Check Criminal Records Report, or a similar informal background report from the jurisdiction where the applicant resides; and
- The applicant submits proof of an alternate request for a Federal Bureau of Investigation records check by name or social security number.
(c) An issued license shall be subject to discipline if, while an applicant, the licensee:
- Having submitted a Criminal History Affidavit, KREC Form 209, with his or her application for licensure, fails to submit the national criminal history check within ten (10) days of receiving the report; or
- Failed to report any new criminal charges or convictions that occurred after the national criminal history check report date.
(3)(a) The commission shall investigate a national criminal history check which reveals a felony conviction within the previous ten (10) years, or a misdemeanor conviction within the previous five (5) years, and may investigate any charges or convictions revealed by the national criminal history check or any other evidence of dishonesty, untruthfulness, or bad reputation of the applicant.
(b) In the determination of the chair of the commission, the commission may delegate the investigative process to the Applicant Review Committee, a subcommittee of the commission, to be comprised of no more than two (2) commissioners;
(c) The Applicant Review Committee shall operate consistent with KRS Chapter 335B.
(4) Following the completion of the investigation, the commission shall review the investigation report and shall:
(a) Order the applicant to appear before the commission for a hearing before the real estate commission or the real estate commission’s authorized representative to determine whether
the applicant meets the standards of KRS 324.045; or
(b) Allow the applicant to proceed with his or her licensure application without a hearing.
(5) If an authorized representative conducts the hearing, the authorized representative shall recommend to the real estate commission whether the applicant meets the standards of KRS 324.045. The real estate commission may accept the recommendation, reject the recommendation and enter a separate order, or remand to the representative for further proceedings in accordance with KRS Chapter 13B.
(6) Following the hearing, if all other licensing pre-requisites are satisfied, the real estate commission shall either approve or deny the application and notify the applicant of its decision along with a written explanation of the reasons for its decision.
(7) If the real estate commission denies the application, the real estate commission shall indicate in its order, if and when, the applicant will be eligible to submit a subsequent licensure application.
(8) If an applicant, or a licensee without an active license, has engaged in any unlicensed brokerage activity within this Commonwealth, that person shall, prior to the issuance or reactivation of any license by the commission, submit proof that he or she has returned all fees earned or received as a result of the unlicensed brokerage activity, consistent with KRS 324.990(2)