1. (a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Real Estate Commission (Commission).

   1. (1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).

   2. (2) The following additional criminal offenses that have been deemed by the Commission as directly related to the real estate profession, which shall raise a rebuttable presumption that the individual’s licensure, certification, permitting or registration poses a substantial risk to the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):

      1. (i) 18 Pa.C.S. § 3927 (relating to theft by failure to make required disposition of funds received).
      2. (ii) 18 Pa.C.S. § 3932 (relating to theft of leased property).
      3. (iii) 18 Pa.C.S. § 4101 (relating to forgery).
      4. (iv) 18 Pa.C.S. § 4103 (relating to fraudulent destruction, removal or concealment of recordable instruments).
      5. (v) 18 Pa.C.S. § 4104(a) (relating to tampering with records or identification), when graded as a misdemeanor.
      6. (vi) 18 Pa.C.S. § 4107 (relating to deceptive or fraudulent business practices).
      7. (vii) 18 Pa.C.S. § 4108 (relating to commercial bribery and breach of duty to act disinterestedly).
      8. (viii) 18 Pa.C.S. § 4110 (relating to defrauding secured creditors).
      9. (ix) 18 Pa.C.S. § 4111 (relating to fraud in insolvency).
      10. (x) 18 Pa.C.S. § 4114 (relating to securing execution of documents by deception).
      11. (xi) 18 Pa.C.S. § 4911 (relating to tampering with public records or information).
      12. (xii) 18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).
      13. (xiii) 18 Pa.C.S. § 7310 (relating to furnishing free insurance as inducement for purchases).
      14. (xiv) 18 Pa.C.S. § 7331 (relating to unlicensed mortgage loan business).
      15. (xv) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in subparagraphs (i)—(xiv).
      16. (xvi) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.
      17. (xvii) An equivalent crime in another jurisdiction.
2. (b) The Commission retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual’s clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Commission’s determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).

Cross References

This section cited in 49 Pa. Code § 43b.403 (relating to preliminary determinations); 49 Pa. Code § 43b.404 (relating to consideration of criminal convictions); and 49 Pa. Code § 43b.452 (relating to time limits).