|
Notice of Effective Date for New Rules for
Tennessee Real Estate Commission
Pursuant to Tenn. Code Ann. § 4-3-1306(d), you are receiving this notice because you have elected to receive notification by e-mail of certain changes or potential changes to the law applicable to your profession.
The Tennessee Real Estate Commission (“the Commission”) approved the proposed rules at the rulemaking hearing conducted on February 16, 2021. The rules were filed with the Secretary of State on May 7, 2021 and will become effective August 5, 2021. The rules have been filed as Rulemaking Hearing Rules and will be promulgated ninety (90) days from the filing date.
The proposed rules are in response to the enactment of the Fresh Start Act (Tenn. Code Ann. §§ 62-76-101 et seq.) that became effective on July 1, 2018. The rule removes a previous requirement that prevented individuals convicted of any felony, or a misdemeanor involving theft of money, services, or property from eligibility for examination or licensure unless two (2) years from the date of expiration of probation, parole or conviction, or the date of release from incarceration, whichever is later in time.
Furthermore, the rule narrows the individuals required to appear before the Commission for licensure consideration due to a criminal conviction. Currently, the rule requires all individuals convicted of any felony to appear before the Commission. To comport with the Fresh Start Act this requirement is narrowed to all felonies enumerated in Tenn. Code Ann. § 62-76-104(b)(4)(B) and felonies involving the theft of money, services, or property. Pursuant to the Act, these felony classes have a rebuttable presumption that the conviction relates directly to the fitness of the applicant engaged in the applicable occupation, profession, business, or trade.
A full copy of the rules can be viewed online at:
https://publications.tnsosfiles.com/rules_filings/05-05-21.pdf
If you have any questions or concerns regarding the rules, please contact Anna D. Matlock, Associate General Counsel, at (615) 741-3072 or electronically at Anna.Matlock@tn.gov.
|
