KRS § 324.281 — KY Code / Title XXVI / Chapter 324 / Section 324.281
324.281 Kentucky Real Estate Commission -- Members -- Terms -- Vacancies -- Duties -- Mandatory continuing education -- Compensation of members -- Staffing needs
Status: in_force

324.281 Kentucky Real Estate Commission -- Members -- Terms -- Vacancies --

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.