Kacie M. Harris Probation, $1,000 Penalty

SETTLEMENT AGREEMENT BETWEEN

MISSOURI REAL ESTATE COMMISSION AND KACIE M. HARRIS

Come now Kacie M. Harris ("Licensee") and the Missouri Real Estate Commission ("Commission") and enter into this Settlement Agreement for the purpose of resolving the question of whether Licensee's license as a real estate salesperson is subject to additional discipline.

The parties hereto waive the right to a hearing by the Commission regarding whether, pursuant to § 324.042, RSMo,¹ there is cause for the Commission to impose additional discipline for Licensee violating disciplinary terms the Commission previously imposed on Licensee.

Licensee acknowledges that Licensee understands the various rights and privileges afforded Licensee by law, including the right to a hearing of the charges against Licensee; the right to appear and be represented by legal counsel; the right to have all charges against Licensee proven upon the record by competent and substantial evidence; the right to cross-examine any witnesses appearing at the hearing against Licensee; the right to present evidence on Licensee's own behalf at the hearing; the right to a decision upon the record by a fair and impartial Commission concerning the charges pending against Licensee; and the right to present evidence in mitigation of discipline. Being aware of these rights provided Licensee by operation of law, Licensee knowingly and voluntarily waives each and every one of these rights and freely enters into this Settlement Agreement and agrees to abide by the terms of this document, as they pertain to Licensee.

Licensee acknowledges that Licensee has received a copy of the documents relied upon by the Commission in determining there was cause to discipline Licensee's license, along with citations to law and/or regulations the Commission believes was violated.

For the purpose of settling this dispute, Licensee stipulates that the factual allegations contained in this Settlement Agreement are true and stipulates with the Commission that Licensee's real estate salesperson license, number 2020026503, is subject to disciplinary action by the Commission in accordance with the provisions of §§ 324.042, 339.010-339.205, 339.710-339.855, and 536.060, RSMo.

Joint Stipulation of Fact and Conclusions of Law

1. The Commission is an agency of the state of Missouri created and established pursuant to § 339.120, RSMo, for the purpose of licensing all persons engaged in the practice as a real estate broker or salesperson in this state. The Commission has control and supervision of the licensed occupations and enforcement of the terms and provisions of §§ 339.010-339.205 and 339.710-339.855, RSMo.
2. Licensee holds an active real estate salesperson license from the Commission, license number 2020034937. The Commission originally issued Licensee's license on October 15, 2020 pursuant to the Order of the Missouri Real Estate Commission Regarding Issuance of a Probated Real Estate Salesperson License to Kacie Marie Harris ("Probated License Order"). Licensee's license expires September 30, 2024.
3. As part of issuing this probated license, probation conditions were placed upon Licensee for a period of five (5) years, beginning on October 15, 2020.
4. Paragraph 17(C) of the Probated License Order requires Licensee to submit quarterly reports to the Commission regarding the status of and compliance with Licensee's criminal probation, parole, and/or release, as well as the terms and conditions of the Probative License Order. Licensee violated the Probated License Order by not submitting any quarterly reports to the Commission.
5. Paragraph 17(F) of the Probated License Order requires Licensee to not place her license on inactive status and maintain her license in a current and active state. Licensee violated the Probated License Order by placing her license on inactive status on February 2, 2022.
6. Paragraph 17(J) of the Probated License Order requires Licensee to comply with all relevant provisions of Chapter 339, RSMo, as amended; all rules and regulations of the Commission; and local, state, and federal laws. Licensee violated the Probated License Order by, on February 8, 2022, pleading guilty to and being convicted of driving while intoxicated in municipal court in St. Peters, Missouri.
7. Licensee also violated ¶ 17(J) of the Probated License Order by not being truthful on her real estate license renewal application, in violation of § 339.100.2(25), RSMo. Licensee renewed her license online on July 21, 2022 and checked the box "No" when asked whether since her last renewal, she had entered a plea of guilty in any criminal prosecution under the laws of Missouri, including suspended imposition of sentence, that had not previously been disclosed to the Commission.
8. Paragraph 17(K) of the Probated License Order requires Licensee to report to the Commission within ten (10) business days of the final adjudication of guilt, entering a guilty plea, or entering a plea of nolo contendere, in a state or federal criminal prosecution, to felony or misdemeanor offenses. Licensee violated the Probated License Order by not notifying the Commission in writing of her driving while guilty conviction by February 22, 2022.
9. Licensee's conduct, as described in paragraphs 4 through 8 above, constitutes cause to discipline Licensee's license pursuant to § 324.042, RSMo.
10. Cause exists for the Commission to take additional disciplinary action against Licensee's license under § 324.042 RSMo, which states that "[a]ny board, commission, or committee within the division of professional registration may impose additional discipline when it finds after hearing that a licensee, registrant, or permittee has violated any disciplinary terms previously imposed or agreed to pursuant to settlement. The board, commission, or committee may impose as additional discipline any discipline it would be authorized to impose in an initial disciplinary hearing."

Jointly Agreed Disciplinary Order

1. Based upon the foregoing, the parties mutually agree and stipulate that the following shall constitute the disciplinary order entered by the Commission in this matter under the authority of §§ 324.042, 536.060, and 621.045.4, RSMo.
2. The terms of discipline shall include that Kacie M. Harris's real estate salesperson license, number 2020034937, shall be placed on PROBATION for a period of FIVE (5) years. During the period of probation on her license, Licensee shall be entitled to practice as a real estate salesperson provided Licensee adheres to all the terms stated herein.

3. The period of probation ordered through this Settlement Agreement shall constitute the "disciplinary period" and shall include the following Terms:

   Specific Term:
   a. Licensee Kacie M. Harris shall pay a civil penalty in the amount of $1,000, pursuant to § 339.100.3, RSMo. Payment of the civil penalty shall be made by certified check payable to the "Missouri Real Estate Commission" and mailed to the Missouri Real Estate Commission, PO Box 1339, Jefferson City, MO 65102-1339. Said check must be postmarked or hand delivered within 60 days of the effective date of this Settlement Agreement. Funds received pursuant to this Settlement Agreement shall be handled in accordance with Section 7 of Article IX of the Missouri Constitution and § 339.205.8, RSMo.

   Failure to pay the full amount of the civil penalty within 60 days of the effective date of this Settlement Agreement shall constitute a violation of this Settlement Agreement.

   General Terms:
   a. Licensee shall obey and comply with any and all terms and conditions of probation/parole for Licensee's criminal supervision and report to the Commission within ten days of the conviction, disposition, or final adjudication of any violations thereof, including (but not limited to) failure to take or pass a drug screening sample result, failure to report to probation/parole officer as scheduled, pleading guilty to or found guilty of another criminal offense, revocation of probation/parole, etc.
   b. Licensee, annually during the disciplinary period, shall, at Licensee's expense, present to a drug testing facility within 48 hours of random notification from the Commission, and have the testing company submit the test results directly to the Commission office.
   c. Licensee shall prepare and submit quarterly written reports to the Commission regarding the status of and compliance with Licensee's criminal probation, parole, and/or release, as well as the terms and conditions of this Settlement Agreement. Licensee is responsible for ensuring that such quarterly reports are received by the Commission on or before January 10, April 10, July 10, and October 10 during each year of the disciplinary period. Licensee shall submit the first such report so that the Commission received it on or before October 10, 2024.
   d. If at any time during the disciplinary period Licensee wishes to transfer Licensee's license affiliation to a new broker/brokerage, Licensee must submit a Broker Acknowledgement Form signed by the new broker. This acknowledgment is in addition to any other required application, fee, and documentation necessary to transfer Licensee's license. Licensee must obtain the Broker Acknowledgement Form from the Commission and must obtain the Commission's written approval before any transfer request can be processed.
   e. Licensee shall keep the Commission apprised at all times in writing of Licensee's current mail addresses, email addresses, and telephone numbers at each place of residence and of business. Licensee shall notify the Commission in writing within ten days of any change in this information.
   f. Licensee shall timely renew Licensee's Missouri real estate salesperson license, timely pay all fees required for license renewal, and comply with all other requirements necessary to maintain Licensee's license in a current and active state. Licensee shall place her Missouri real estate salesperson license in a current and active state within 60 days of the effective date of this Settlement Agreement. During the disciplinary period, Licensee shall not place her license on inactive status as would otherwise be allowed under 20 CSR 2250-4.050. Alternatively, without violating the terms and conditions of this Settlement Agreement, Licensee may surrender Licensee's real estate license by submitting a Surrender of Licensure Rights Form to the Commission. Licensee must obtain the Surrender of Licensure Rights Form from the Commission. If Licensee applies for a real estate license after surrender, Licensee shall be required to requalify as if an original applicant and the MREC will not be precluded from basing its decision, wholly or partially, on the findings of fact, conclusions of law, and discipline set forth in this Settlement Agreement.
   g. Licensee shall meet in person with the Commission or its representative at any such time and place as required by the Commission or its designee upon notification from the Commission or its designee. Said meetings will be at the Commission's discretion and may occur periodically during the probation period.
   h. Licensee shall immediately submit documents showing compliance with the requirements of this Settlement Agreement to the Commission when requested by the Commission or its designee.
   i. During the probationary period, Licensee shall accept and comply with unannounced visits from the Commission's representatives to monitor compliance with the terms and conditions of this Order.
   j. Licensee shall comply with all relevant provisions of Chapter 339, RSMo, as amended; all rules and regulations of the Commission; and all local, state, and federal laws. "State" as used herein refers to the State of Missouri and all other states and territories of the United States.
   k. Licensee shall report to the Commission each occurrence of Licensee being finally adjudicated and found guilty, or entering a plea of guilty or nolo contendere, in a state or federal criminal prosecution, to felony or misdemeanor offenses, within ten business days of each such occurrence.
   l. Once Licensee's license is active, Licensee cannot change the status of a license, transfer her license, or apply for any new or additional licenses during the disciplinary period with the prior written consent of the Commission.

4. This Settlement Agreement does not bind the Commission or restrict the remedies available to it concerning facts or conduct not specifically mentioned in this Settlement Agreement that are either now known to the Commission or may be discovered.

5. This Settlement Agreement does not bind the Commission or restrict the remedies available to it concerning any future violations by Licensee, of Chapter 339, RSMo, as amended, or the regulations promulgated thereunder, or of the terms of this Settlement Agreement.

6. All parties agree to pay all their own fees and expenses incurred as a result of this case, its settlement or any litigation.

7. The parties to this Settlement Agreement understand that the Commission will maintain this Settlement Agreement as an open record of the Commission as provided in Chapters 339, 610 and 324, RSMo.

8. The terms of this Settlement Agreement are contractual, legally enforceable, and binding, not merely recital. Except as otherwise provided herein, neither this Settlement Agreement nor any of its provisions may be changed, waived, discharged, or terminated, except by an instrument in writing signed by the party against whom the enforcement of change, waiver, discharge, or termination is sought.

9. If any alleged violation of this Settlement Agreement occurs during the disciplinary period, the Commission may choose to conduct a hearing before it either during the disciplinary period, or soon thereafter, to determine whether a violation occurred and if so, may impose further disciplinary action. The Commission has continuing jurisdiction to hold a hearing to determine if a violation of this Settlement Agreement has occurred.

10. Licensee, together with Licensee's heirs and assigns, and Licensee's attorneys, do hereby waive, release, acquit and forever discharge the Commission, its respective members and any of its employees, agents, or attorneys, including any former Commission members, employees, agents, and attorneys, of, or from, any liability, claim, actions, causes of action, fees, costs and expenses, and compensation, including but not limited to, any claims for attorney's fees and expenses, including any claims pursuant to § 536.087, RSMo, or any claim arising under 42 U.S.C. § 1983, which may be based upon, arise out of, or relate to any of the matters raised in this case, its settlement, or from the negotiation or execution of this Settlement Agreement. The parties acknowledge that this paragraph is severable from the remaining portions of this Settlement Agreement in that it survives in perpetuity even in the event that any court of law deems this Settlement Agreement or any portion thereof to be void or unenforceable.

LICENSEE
Kacie M. Harris
Date: 08-06-24

COMMISSION
Brittany Tomlinson
Executive Director
Missouri Real Estate Commission
Date: 12-10-24

[^1]: All statutory references are to Missouri Revised Statutes, as amended, unless otherwise indicated.