Legal Question in Business Law in Kentucky

Re: Kentucky realestate liscense

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case.

My preliminary review of the applicable Kentucky statutes and administrative regulations indicates that a 9-year old DUI conviction is insufficient cause to deny your license.

This is the regulation:

201 KAR 11:430. Procedure for criminal records background check � disciplinary action against licensees for acts committed before or during the application process...

Upon receipt of the identification record of the Federal Bureau of Investigation, or a commission-approved alternate provider, the applicant shall: (a) Submit the original identification record to the Real Estate Commission within five (5) days of the applicant�s receipt of it if the identification record reveals: 1. Any felony conviction regardless of when the conviction occurred; or 2. A misdemeanor conviction within the five (5) years previous to application.

If the Kentucky Real Estate Commission has denied your license application for the reason you indicate, you have the right to an administrative appeal, pursuant to KRS 324.045 and Chapter 13B of the Kentucky Revised Statutes.

IMPORTANT: Time is of the essence in filing an appeal. You should contact an attorney immediately. Any delay will result in your losing your right to appeal the Commission's decision.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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