58-4505.Same; authority to deny, suspend or revokeregistration; probationary conditions; fines.(a) Except as provided in subsections (b) and (c), the board may deny,suspend or revoke a registration, or mayimpose probationaryconditions on a registrant or applicant if the registrant or applicant hasengaged in any of thefollowing conduct:
(1) Making a materially false or fraudulent statement in an application forregistration orrenewal;
(2) been convicted of or plead guilty or nolo contendere in a court ofcompetentjurisdictionto any misdemeanor involving dishonesty;
(3) intentionally falsifying a home inspection report;
(4) performing any of the following acts as part of the home inspection:
(A) Inspecting for a fee any property in which the home inspector has anypersonal or financial interest unless the interest is disclosed in writing tothe client before the home inspection is performed and the client signs anacknowledgment of receipt of the disclosure;
(B) offering or delivering any commission, referral fee or kickback for thereferral of any business to the home inspector; and
(C) accepting an engagement to perform a home inspection or to prepare a homeinspection report in which the employment itself or the fee payable for theinspection is contingent upon the conclusions in the home inspection report,pre-established or prescribed findings or the closing of the underlying realestate transaction;
(5) including as a term or condition in an agreement to conduct a homeinspection any provision that disclaims the liability of the registered homeinspector forany errors and omissions which may arise during a home inspection or to limitthe amount of damage for liability for any errors and omissions which may ariseduring a home inspection to less than $10,000 in the aggregate for each homeinspection;
(6) failing to provide a client with a pre-inspection notice prior to thehome inspection;
(7) failing to substantially follow the approved standards of practice andcode of ethics;
(8) failing to respond as requested by the board to any summons forattendance and testimony or to produce documents or any other physical evidenceduring an investigation into the qualifications of or allegations of misconductof an applicant or registrant; and
(9) violating any provision of this act or rules andregulations promulgatedby the boardpursuant to this act.
(b) (1) Except as provided in paragraph (2), the board shall refuse toissuea registration to an applicantor registrant if the applicant or registrant has entered a plea of guilty ornolo contendere to, or has beenconvicted of:
(A) (i) Any offense that is comparable to any crime which would require theapplicant to register asprovided in the Kansas offender registration act; or
(ii) any federal, military or other state conviction for an offense that iscomparable to any crime underthe laws of this state which would require the applicant to register asprovided in the Kansas offenderregistration act; or
(B) (i) Any felony other than a felony under subparagraph (A); or
(ii) any federal, military or other state conviction for an offense that iscomparable to any under the lawsof this state other than afelony under subparagraph (A).
(2) The board may grant an original registration pursuant to subsection (c)if the applicant's orregistrant'sapplication is received at least:
(A) Fifteen years after the date of the applicant's or registrant's dischargefrom postrelease supervision,completion of any nonprison sanction or suspension of the imposition of thesentence resulting from anyplea of guilty or nolo contendere to or conviction of any offense specified insubparagraph (A) ofparagraph (1); or
(B) five years after the date of the applicant's discharge from postreleasesupervision, completion of anynonprison sanction or suspension of the imposition of the sentence resultingfrom any plea of guilty ornolo contendere to or conviction of any offense specified in subparagraph (B)of paragraph (1),whichever is applicable.
(3) For the purposes of this subsection, "postrelease supervision" shall havethe meaning ascribed to it inK.S.A. 21-4703 and amendments thereto.
(4) For the purposes of this subsection, "nonprison sanction" shall have themeaning ascribed to it inK.S.A. 21-4703 and amendments thereto.
(c) (1) The board may renew or grant an original registration to anapplicant or registrant who hasentered a plea of guilty or nolo contendere to, or has been convicted of anymisdemeanor or anycrime listed in paragraph (1)of subsection (b) if the applicant or registrant presents to the boardsatisfactory proof that the applicantor registrant now bears a good reputation for honesty, trustworthiness,integrity and competence totransact the business of registered home inspector in such a manner as tosafeguard the interest of thepublic. The burden of proof shall be on the applicator or registrant to presentsuch evidence to the board.
(2) In determining whether or not the applicant or registrant presently has agood reputation as requiredin this subsection, the board shall consider the following additional factors:
(A) The extent and nature of the applicant's or registrant's past criminalactivity;
(B) the age of the applicant or registrant at the time of the commission ofthe crime or crimes;
(C) the amount of time elapsed since the applicant's or registrant's lastcriminal activity;
(D) the conduct and work activity of the applicant or registrant prior to andfollowing the criminalactivity; and
(E) evidence of the applicant's or registrant's rehabilitation orrehabilitative effort; and
(F) all other evidence of the applicant's or registrant's present fitness foraregistration.
(d) In addition to or in lieu of any other administrative, civil or criminalremedy provided by law, if theboard determines after notice and an opportunity for a hearing in accordancewith the Kansasadministrative procedures act that a registrant has violated any provision ofthis act or any rule andregulation adopted hereunder, the board may impose on such registrant a civilfine not to exceed $500 foreach violation.
(e) All proceedings pursuant to this section shall be conducted inaccordance with the provisions of the Kansas administrative procedure act.
History: L. 2008, ch. 171, § 6;L. 2009, ch. 118, § 4; July 1.
58-4505.Same; authority to deny, suspend or revokeregistration; probationary conditions; fines.(a) Except as provided in subsections (b) and (c), the board may deny,suspend or revoke a registration, or mayimpose probationaryconditions on a registrant or applicant if the registrant or applicant hasengaged in any of thefollowing conduct:
(1) Making a materially false or fraudulent statement in an application forregistration orrenewal;
(2) been convicted of or plead guilty or nolo contendere in a court ofcompetentjurisdictionto any misdemeanor involving dishonesty;
(3) intentionally falsifying a home inspection report;
(4) performing any of the following acts as part of the home inspection:
(A) Inspecting for a fee any property in which the home inspector has anypersonal or financial interest unless the interest is disclosed in writing tothe client before the home inspection is performed and the client signs anacknowledgment of receipt of the disclosure;
(B) offering or delivering any commission, referral fee or kickback for thereferral of any business to the home inspector; and
(C) accepting an engagement to perform a home inspection or to prepare a homeinspection report in which the employment itself or the fee payable for theinspection is contingent upon the conclusions in the home inspection report,pre-established or prescribed findings or the closing of the underlying realestate transaction;
(5) including as a term or condition in an agreement to conduct a homeinspection any provision that disclaims the liability of the registered homeinspector forany errors and omissions which may arise during a home inspection or to limitthe amount of damage for liability for any errors and omissions which may ariseduring a home inspection to less than $10,000 in the aggregate for each homeinspection;
(6) failing to provide a client with a pre-inspection notice prior to thehome inspection;
(7) failing to substantially follow the approved standards of practice andcode of ethics;
(8) failing to respond as requested by the board to any summons forattendance and testimony or to produce documents or any other physical evidenceduring an investigation into the qualifications of or allegations of misconductof an applicant or registrant; and
(9) violating any provision of this act or rules andregulations promulgatedby the boardpursuant to this act.
(b) (1) Except as provided in paragraph (2), the board shall refuse toissuea registration to an applicantor registrant if the applicant or registrant has entered a plea of guilty ornolo contendere to, or has beenconvicted of:
(A) (i) Any offense that is comparable to any crime which would require theapplicant to register asprovided in the Kansas offender registration act; or
(ii) any federal, military or other state conviction for an offense that iscomparable to any crime underthe laws of this state which would require the applicant to register asprovided in the Kansas offenderregistration act; or
(B) (i) Any felony other than a felony under subparagraph (A); or
(ii) any federal, military or other state conviction for an offense that iscomparable to any under the lawsof this state other than afelony under subparagraph (A).
(2) The board may grant an original registration pursuant to subsection (c)if the applicant's orregistrant'sapplication is received at least:
(A) Fifteen years after the date of the applicant's or registrant's dischargefrom postrelease supervision,completion of any nonprison sanction or suspension of the imposition of thesentence resulting from anyplea of guilty or nolo contendere to or conviction of any offense specified insubparagraph (A) ofparagraph (1); or
(B) five years after the date of the applicant's discharge from postreleasesupervision, completion of anynonprison sanction or suspension of the imposition of the sentence resultingfrom any plea of guilty ornolo contendere to or conviction of any offense specified in subparagraph (B)of paragraph (1),whichever is applicable.
(3) For the purposes of this subsection, "postrelease supervision" shall havethe meaning ascribed to it inK.S.A. 21-4703 and amendments thereto.
(4) For the purposes of this subsection, "nonprison sanction" shall have themeaning ascribed to it inK.S.A. 21-4703 and amendments thereto.
(c) (1) The board may renew or grant an original registration to anapplicant or registrant who hasentered a plea of guilty or nolo contendere to, or has been convicted of anymisdemeanor or anycrime listed in paragraph (1)of subsection (b) if the applicant or registrant presents to the boardsatisfactory proof that the applicantor registrant now bears a good reputation for honesty, trustworthiness,integrity and competence totransact the business of registered home inspector in such a manner as tosafeguard the interest of thepublic. The burden of proof shall be on the applicator or registrant to presentsuch evidence to the board.
(2) In determining whether or not the applicant or registrant presently has agood reputation as requiredin this subsection, the board shall consider the following additional factors:
(A) The extent and nature of the applicant's or registrant's past criminalactivity;
(B) the age of the applicant or registrant at the time of the commission ofthe crime or crimes;
(C) the amount of time elapsed since the applicant's or registrant's lastcriminal activity;
(D) the conduct and work activity of the applicant or registrant prior to andfollowing the criminalactivity; and
(E) evidence of the applicant's or registrant's rehabilitation orrehabilitative effort; and
(F) all other evidence of the applicant's or registrant's present fitness foraregistration.
(d) In addition to or in lieu of any other administrative, civil or criminalremedy provided by law, if theboard determines after notice and an opportunity for a hearing in accordancewith the Kansasadministrative procedures act that a registrant has violated any provision ofthis act or any rule andregulation adopted hereunder, the board may impose on such registrant a civilfine not to exceed $500 foreach violation.
(e) All proceedings pursuant to this section shall be conducted inaccordance with the provisions of the Kansas administrative procedure act.
History: L. 2008, ch. 171, § 6;L. 2009, ch. 118, § 4; July 1.
58-4505.Same; authority to deny, suspend or revokeregistration; probationary conditions; fines.(a) Except as provided in subsections (b) and (c), the board may deny,suspend or revoke a registration, or mayimpose probationaryconditions on a registrant or applicant if the registrant or applicant hasengaged in any of thefollowing conduct:
(1) Making a materially false or fraudulent statement in an application forregistration orrenewal;
(2) been convicted of or plead guilty or nolo contendere in a court ofcompetentjurisdictionto any misdemeanor involving dishonesty;
(3) intentionally falsifying a home inspection report;
(4) performing any of the following acts as part of the home inspection:
(A) Inspecting for a fee any property in which the home inspector has anypersonal or financial interest unless the interest is disclosed in writing tothe client before the home inspection is performed and the client signs anacknowledgment of receipt of the disclosure;
(B) offering or delivering any commission, referral fee or kickback for thereferral of any business to the home inspector; and
(C) accepting an engagement to perform a home inspection or to prepare a homeinspection report in which the employment itself or the fee payable for theinspection is contingent upon the conclusions in the home inspection report,pre-established or prescribed findings or the closing of the underlying realestate transaction;
(5) including as a term or condition in an agreement to conduct a homeinspection any provision that disclaims the liability of the registered homeinspector forany errors and omissions which may arise during a home inspection or to limitthe amount of damage for liability for any errors and omissions which may ariseduring a home inspection to less than $10,000 in the aggregate for each homeinspection;
(6) failing to provide a client with a pre-inspection notice prior to thehome inspection;
(7) failing to substantially follow the approved standards of practice andcode of ethics;
(8) failing to respond as requested by the board to any summons forattendance and testimony or to produce documents or any other physical evidenceduring an investigation into the qualifications of or allegations of misconductof an applicant or registrant; and
(9) violating any provision of this act or rules andregulations promulgatedby the boardpursuant to this act.
(b) (1) Except as provided in paragraph (2), the board shall refuse toissuea registration to an applicantor registrant if the applicant or registrant has entered a plea of guilty ornolo contendere to, or has beenconvicted of:
(A) (i) Any offense that is comparable to any crime which would require theapplicant to register asprovided in the Kansas offender registration act; or
(ii) any federal, military or other state conviction for an offense that iscomparable to any crime underthe laws of this state which would require the applicant to register asprovided in the Kansas offenderregistration act; or
(B) (i) Any felony other than a felony under subparagraph (A); or
(ii) any federal, military or other state conviction for an offense that iscomparable to any under the lawsof this state other than afelony under subparagraph (A).
(2) The board may grant an original registration pursuant to subsection (c)if the applicant's orregistrant'sapplication is received at least:
(A) Fifteen years after the date of the applicant's or registrant's dischargefrom postrelease supervision,completion of any nonprison sanction or suspension of the imposition of thesentence resulting from anyplea of guilty or nolo contendere to or conviction of any offense specified insubparagraph (A) ofparagraph (1); or
(B) five years after the date of the applicant's discharge from postreleasesupervision, completion of anynonprison sanction or suspension of the imposition of the sentence resultingfrom any plea of guilty ornolo contendere to or conviction of any offense specified in subparagraph (B)of paragraph (1),whichever is applicable.
(3) For the purposes of this subsection, "postrelease supervision" shall havethe meaning ascribed to it inK.S.A. 21-4703 and amendments thereto.
(4) For the purposes of this subsection, "nonprison sanction" shall have themeaning ascribed to it inK.S.A. 21-4703 and amendments thereto.
(c) (1) The board may renew or grant an original registration to anapplicant or registrant who hasentered a plea of guilty or nolo contendere to, or has been convicted of anymisdemeanor or anycrime listed in paragraph (1)of subsection (b) if the applicant or registrant presents to the boardsatisfactory proof that the applicantor registrant now bears a good reputation for honesty, trustworthiness,integrity and competence totransact the business of registered home inspector in such a manner as tosafeguard the interest of thepublic. The burden of proof shall be on the applicator or registrant to presentsuch evidence to the board.
(2) In determining whether or not the applicant or registrant presently has agood reputation as requiredin this subsection, the board shall consider the following additional factors:
(A) The extent and nature of the applicant's or registrant's past criminalactivity;
(B) the age of the applicant or registrant at the time of the commission ofthe crime or crimes;
(C) the amount of time elapsed since the applicant's or registrant's lastcriminal activity;
(D) the conduct and work activity of the applicant or registrant prior to andfollowing the criminalactivity; and
(E) evidence of the applicant's or registrant's rehabilitation orrehabilitative effort; and
(F) all other evidence of the applicant's or registrant's present fitness foraregistration.
(d) In addition to or in lieu of any other administrative, civil or criminalremedy provided by law, if theboard determines after notice and an opportunity for a hearing in accordancewith the Kansasadministrative procedures act that a registrant has violated any provision ofthis act or any rule andregulation adopted hereunder, the board may impose on such registrant a civilfine not to exceed $500 foreach violation.
(e) All proceedings pursuant to this section shall be conducted inaccordance with the provisions of the Kansas administrative procedure act.
History: L. 2008, ch. 171, § 6;L. 2009, ch. 118, § 4; July 1.
