NY Real Prop L § 442-K (2021)
2021 New York Laws RPP - Real Property Article 12-A - Real Estate Brokers and Real Estate Salesmen 442-K - Powers and Duties of the State Real Estate Board.

§  442-k.  Powers  and  duties of the state real estate board. 1.  The   state real estate board shall have the  power  to  promulgate  rules  or   regulations  affecting  brokers and sales persons in order to administer   and effectuate  the  purposes  of  this  article,  except  that  matters   pertaining to commingling money of a principal, rendering accounts for a   client,  managing  property  for a client, broker's purchase of property   listed with him or her, inducing breach of contract of  sale  or  lease,   and  records  of  transactions  to  be  maintained  are reserved for the   exclusive regulatory authority of the secretary of state.  The secretary   of state, and not the state real estate board,  shall  promulgate  rules   and  regulations  to  administer or implement the provisions of sections   four hundred forty-one and four hundred forty-two-h of this article.  In   addition,  the  secretary  of  state  shall  have  exclusive  regulatory   authority  to promulgate rules regarding the duties and responsibilities   of real estate brokers and salespersons with regard to the  handling  of   clients' funds.2.  Authority  to  examine  applicants.  The  board  is  empowered  to   prescribe the content for the courses of study for the  examination  and   education of persons licensed under this article. The board shall advise   the  secretary  of state on policies governing the administration of the   examinations.3. Approval of schools.  The  board  shall  establish  the  rules  and   regulations  governing the approval by the secretary of state of schools   to offer or conduct courses required either  for  licensure  under  this   article or for the satisfaction of the continuing education requirements   contained  in paragraph (a) of subdivision three of section four hundred   forty-one of this article.4. Study of laws and regulations. The board shall study the  operation   of laws and regulations with respect to the rights, responsibilities and   liabilities  of  real  estate  licensees  arising out of the transfer of   interests in real property and shall make recommendation on  pending  or   proposed   legislation   affecting  the  same,  with  the  exception  of   legislation affecting section four hundred forty-two-h of this article.5. Enforcement programs and activities. The  board  shall  advise  and   assist  the  secretary  of  state  in  carrying  out  the provisions and   purposes  of  this  article  and  make  recommendations  concerning  the   programs  and  activities  of  the  department  in  connection  with the   enforcement of this article.6. Administration and enforcement. The department of state shall  have   the  power  and its duty shall be to administer and enforce the laws and   regulations of the state relating to  those  activities  involving  real   estate  for  which  licensing  is  required  under  this  article and to   instruct and require its agents to bring prosecutions  for  unauthorized   and unlawful practice.7.  Reports to legislative committees. The board shall submit annually   a report to the judiciary  committee  of  the  state  assembly  and  the   judiciary committee of the state senate, containing a description of the   types  of  complaints  received, status of cases, and the length of time   from the initial complaint to any final disposition.