324.281 Kentucky Real Estate Commission -- Members -- Terms -- Vacancies --
797 words·~4 min read·
/ky/324-281A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Duties -- Mandatory continuing education -- Compensation of members --
Staffing needs.
(1)There is hereby created the Kentucky Real Estate Commission. The Governor shall
appoint seven
(7)persons, at least six
(6)of whom, immediately prior to the date of
their appointment have been residents of the state for ten
(10)years and whose
vocation for a period of at least ten
(10)years shall have been that of an active real
estate licensee. One
(1)member shall be a citizen at large who is not associated
with or financially interested in the practice or business regulated. The term of the
members of the commission shall be for three
(3)years and until their successors
are appointed and qualify, except as provided in subsections
(2)and
(3)of this
section. A majority of the commission shall constitute a quorum for the transaction
of business.
(2)All appointments shall be for the specified three
(3)year term. No person appointed
after July 14, 2000, shall serve more than two
(2)consecutive terms.
(3)For each appointment or vacancy, the Kentucky Association of Realtors shall
within sixty
(60)days supply a list of not less than three
(3)names of licensees to
the Governor each year from which the broker or sales associate appointments shall
be made. The Governor may reject the list of three
(3)names and request that the
Kentucky Association of Realtors submit a new list of three
(3)names within sixty
(60)days of the Governor's request. If the Kentucky Association of Realtors fails to
timely submit this list to the Governor, the Governor may immediately appoint a
qualified person to fill this vacancy. The Governor may otherwise fill vacancies
arising in the middle of the year from those remaining on the list or from a new list
supplied by the association.
(4)There shall not be more than four
(4)members of any one
(1)political party serving
on the commission at the same time. No member of the commission shall reside in
the same county as another member. Appointees to fill vacancies shall be appointed
for the unexpired term.
(5)It shall be the duty of the commission to:
(a)Promulgate administrative regulations in accordance with KRS Chapter 13A;
(b)Hold disciplinary hearings concerning matters in controversy as provided by
this chapter;
(c)Conduct examinations for applicants eligible under this chapter or
alternatively to contract with an entity to conduct examinations;
(d)Conduct necessary educational seminars and courses directed toward
continuing education within the real estate field;
(e)Investigate or cause to be investigated any irregularities in violation of this
chapter or the promulgated and authorized administrative regulations of the
commission; and
(f)Participate with any other agency of the Commonwealth or the authorized
agency of another state for the betterment or improvement of the
administration of the statutes or administrative regulations governing this
commission.
Any action taken by the commission under this subsection shall be appealable as
are other actions of the commission under this chapter.
(6)The commission, at its discretion, may use the funds necessary to purchase liability
insurance for members and executive officers of the commission, inspectors, and
for members of the staff exempted from classified service of the state by KRS
18A.115.
(7)The commission shall require all actively licensed agents, except for those agents
who were licensed prior to June 19, 1976, to successfully complete mandatory
continuing education as a condition of license renewal.
(8)The commission shall, by the promulgation of administrative regulations, develop a
review process by which continuing education courses may be approved for credit.
An applicant may seek the commission's approval for credit for courses not
previously approved by the commission by submitting sufficient information
describing the course to the commission for review.
(9)The Governor shall set the compensation of the members of the commission, but
voting members of the commission shall be compensated no less than three hundred
dollars ($300) per day for official business, subject to an annual maximum of six
thousand dollars ($6,000). Members shall be reimbursed for all expenses paid and
incurred in the discharge of official business consistent with the reimbursement
policy for state employees. With the approval of the executive director of the
Kentucky Real Estate Authority within the Department of Professional Licensing,
commission members and commission staff may attend and travel to and from
meetings and events relevant to the commission or to the industry the commission
represents.
(10)The chair of the commission shall submit written recommendations to the secretary
of the Public Protection Cabinet regarding sufficient staffing needs and relevant
experience necessary to assist in carrying out the mission and function of the
commission. The secretary of the Public Protection Cabinet shall consider the
staffing recommendations and requests submitted by the chair.