330.050 Board of Auctioneers -- Membership -- Supplies and conveniences --
1,178 words·~5 min read·
/ky/330-050A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Insurance -- Fees and charges -- Fund -- List of licensees -- Administrative
regulations -- Removal of members -- Compensation.
(1)There is hereby created a Board of Auctioneers. The Governor shall appoint a board
consisting of five
(5)members, all of whom immediately prior to the date of their
appointment have been residents of the Commonwealth of Kentucky for five
years, and four
(4)whose vocation for a period of at least five
(5)years has been
that of an auctioneer. 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 board shall be for three
(3)years and until their
successors are appointed and qualified. Members to fill vacancies shall be
appointed for the unexpired term.
(2)At no time shall there be more than two
(2)auctioneer members of the same
political party on the board. Whenever there is an auctioneer vacancy on the board,
within sixty
(60)days the Kentucky Auctioneer Association shall recommend to the
Governor at least three
(3)names for each auctioneer vacancy, and such
appointment or appointments shall be made from the recommendations of the
association, unless the Governor rejects the list of three
(3)names and requests that
the Kentucky Auctioneer Association submit a new list of three
(3)names within
sixty
(60)days of the Governor's request. If the Kentucky Auctioneer Association
fails to timely submit its recommendations to the Governor, the Governor may
immediately appoint a qualified auctioneer to fill this vacancy.
(3)The board, immediately upon qualification of the member appointed in each year,
shall organize by selecting a chair from its members, who shall submit written
recommendations to the secretary of the Public Protection Cabinet concerning
staffing needs and relevant experience necessary to assist in carrying out the
mission and function of the Division of Real Property Boards.
(a)No member of the board shall reside in the same county as another member.
(b)A majority of the board shall constitute a quorum for the transaction of
business.
(c)No member may serve on the board for more than six
(6)consecutive years. A
member may serve on the board for six
(6)consecutive years on more than
one
(1)occasion if that person is not a member of the board for at least two
(2)years between periods of board service.
(a)The board shall obtain office space, furniture, stationery, and any other proper
supplies and conveniences reasonably necessary to carry out the provisions of
this chapter. If any items deemed to be reasonably necessary by or which are
required by the board are available through vendors under contract with the
Commonwealth of Kentucky at less cost than if obtained otherwise, then the
items shall be acquired pursuant to the contract.
(b)The board shall have full authority to obtain for its members, staff, and
employees complete insurance coverage, including, but not limited to, liability
and errors and omissions insurance, so long as the insurance concerns the
business of the board.
(6)All fees and charges collected by the board under the provisions of this chapter
shall be paid into the State Treasury through the Finance and Administration
Cabinet and shall be credited to an agency fund account for the Board of
Auctioneers under the provisions of KRS 45.253 and shall be withdrawn or
expended as provided in that section, if such payment, credit, withdrawal, or
expense provisions do not conflict with any provision of this chapter.
(a)The board may establish and collect reasonable fees relating to the
administration and enforcement of this chapter for application or other
processing costs, on-line service, continuing education provider services, copy
and mailing services, or other fees necessary to offset the licensing and
processing costs.
(b)The total expenses for all purposes and obligations of the board shall not
exceed the total fees, charges, fines, penalties, and other income imposed
under the provisions of this chapter and paid into the state treasury.
(c)The board shall be financially self-sustaining, and if funds permit it may
underwrite, within its financial limitations, educational programs for the
enlightenment and benefit of all licensees who have paid fees pursuant to this
chapter.
(7)The board shall maintain annually a list of the names and addresses of all licensees
regulated by the board. This list shall also contain the names of all persons whose
licenses have been suspended or revoked within the preceding year, as well as any
other information relative to the enforcement of the provisions of this chapter that
the board may deem of interest to the public.
(8)The board may promulgate administrative regulations following review of the
director of the Division of Real Property Boards within the Department of
Professional Licensing in accordance with KRS Chapter 13A as required to fulfill
the duties and functions assigned to the board by this chapter.
(9)A board member shall be automatically removed from the board and a vacancy
shall occur when:
(a)An auctioneer member of the board ceases to be a licensed auctioneer;
(b)A nonlicensed member of the board acquires a license regulated by the board;
(c)A board member enters a plea of guilty, an Alford plea, a plea of no contest
to, or has been convicted of, any felony, and the time for appeal has passed or
the judgment of conviction has been finally affirmed on appeal;
(d)A board member ceases to be a resident of the Commonwealth of Kentucky;
(e)The member displays incompetence, neglect of duty, or unprofessional
conduct;
(f)The member fails to adhere to a duly adopted code of ethics of the board.
Failure to adhere to this code shall be determined by official action of the
board;
(g)The member enters a plea of guilty to, or has been found guilty of, a felony
and the time for appeal has passed or the judgment of conviction has been
finally affirmed on appeal; or
(h)The member misses three
(3)consecutive meetings or misses more than
twenty-five percent (25%) of the meetings held over the previous twelve
month period.
(10)The Governor shall set the compensation of the members of the board, but voting
members of the board 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 director of the Division of Real Property
Boards within the Department of Professional Licensing, board members and board
staff may attend and travel to and from meetings and events relevant to the board
and the industry the board represents.
(11)The secretary of the Public Protection Cabinet shall:
(a)Consider the staffing recommendations and requests submitted by the chair;
and
(b)Provide the board with documentation showing the income and expenditures
of all license fees.