STATE OF WISCONSIN
REAL ESTATE EXAMINING BOARD
IN THE MATTER OF RULE-MAKING
PROCEEDINGS BEFORE THE
REAL ESTATE EXAMINING BOARD
PROPOSED ORDER OF THE
REAL ESTATE EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE
)
PROPOSED ORDER
An order of the
Real Estate Examining Board
to
create
s.
REEB 24.17 (2m)
relating to revocation due to felony conviction
.
Analysis prepared by the Department of
Safety and Professional Services
.
ANALYSIS
Explanation of agency authority:
The Real Estate Examining Board shall promulgate rules for the guidance of the profession to which it pertains, and define and enforce professional conduct and unethical practices relating
to
the profession.
Related statute or rule:
N/A
Plain language analysis:
This rule includes a basis for revocation for a license created by
2013 Act 288
. A
license
or registration may be revoked if the person is convicted of a felony which is a bar from licensure or registration.
Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois
:
The Department may refuse to issue or renew a license, may place on probation, suspend or revoke any license based upon the conviction of or plea of guilty or plea of nolo contendere to a felony.
Iowa
:
The
licensing board may
revoke
or suspend a license for a conviction of a felony related to the
profession
or occupation of the licensee. A copy of the record of conviction or plea of guilty shall be conclusive evidence.
Michigan
:
Michigan does not list a felony conviction as a basis for revocation.
Minnesota:
Minnesota does not list a felony conviction as a basis for revocation.
Summary of factual data and analytical methodologies:
The Board incorporated the new basis for revocation into the conduct and ethical practices chapter of the rules.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
This rul
e was posted for 14 days for economic comments and none were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business
:
These proposed rules
do
not
have
an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department’s Regulatory Review Coordinator may be contacted by email at
Eric.Esser
@wisconsin.gov
, or by calling (608) 26
7-2435
.
Agency contact person
:
Sharon
Henes
, Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box
8366
, Madison, Wisconsin 53708; telephone 608-
261-2377
; email at
Sharon.Henes
@wisconsin.gov
.
Place where comments are to be submitted and deadline for submission
:
Comments may be submitted to
Sharon Henes, Administrative Rules Coordinator,
Department of
Safety and Professional Services
, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8
366
, Madison, WI 53708-
8366
, or by email to
Sharon.Henes
@wisco
ns
in.gov
. Comments must be received on or before
the hearing on August 13, 2015
to be included in the record of rule-making proceedings.
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TEXT OF RULE
Section
1. REEB 24.17
(2m) is created to read:
REEB
24.17
(2m
)
Felony
conviction
. The board may revoke a license or registration on the basis of a conviction of a felony that is a bar to licensure or registration under s.
452.25 (1) (a)
, Stats.
Section
2
. EFFECTIVE DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the
Wisconsin
administrative register, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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