KRS § 330.050 — KY Code / Title XXVI / Chapter 330 / Section 330.050
330.050 Board of Auctioneers -- Membership -- Supplies and conveniences -- Insurance -- Fees and charges -- Fund -- List of licensees -- Administrative regulations -- Removal of members -- Compensation
Status: in_force

330.050 Board of Auctioneers -- Membership -- Supplies and conveniences --

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 (5)

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.

(4) (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.

(5) (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 (12)

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.