Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 11 - Real Estate Commission › Section 201 KAR 11:210 - Licensing, education, and testing requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 2.013,
				324.010,
				324.020,
				324.040,
				324.045(1),
				(2), (3),
				324.046,
				324.085,
				324.090,
				324.141,
				324.160,
				324.281,
				324.287,
				324.310,
				324.330,
				324.990,
				28 C.F.R.
				16.30-16.33
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				324.281(5) and
				324.282
				require the Real Estate Commission, with the approval of the executive director
				of the Kentucky Real Estate Authority, to promulgate administrative regulations
				necessary to carry out and enforce the provisions of KRS Chapter 324.
				KRS
				324.040(2) requires
				applicants for licensure as a broker or sales associate to apply in writing on
				forms prepared or furnished by the Real Estate Commission.
				KRS
				324.045(4) authorizes the
				commission to promulgate an administrative regulation to require a national
				criminal history check prior to licensure.
				KRS
				324.141(1) requires the
				commission to promulgate administrative regulations to establish reciprocal
				licensing procedures that allow out-of-state actively-licensed sales associates
				and brokers to apply for a Kentucky license that is the same as, or equivalent
				to, their out-of-state license.
				KRS
				324.090(1) requires the real
				estate commission to establish an expiration and renewal date for licenses.
				KRS
				324.310(1) requires the
				delivery of a sales associate's license to the commission when an association
				with a principal broker is terminated, and
				KRS
				324.310(2) authorizes a
				licensee to place his or her license into inactive status with the commission.
				KRS
				324.330(1) requires notice
				to be given to the real estate commission when a licensee's location, firm
				name, surname, or affiliation changes.
				KRS
				324.085(1) requires an
				actively-licensed agent, except an agent licensed prior to June 19, 1976 and a
				licensee satisfying the educational requirement in
				KRS
				324.085(2), to successfully
				complete twelve (12) hours of mandatory continuing education for the biennial
				license period as a condition of licensure renewal, requires six (6) of the
				twelve (12) hours to be completed in the first year of the biennial license
				period, and requires that six (6) of the twelve (12) hours pertain to the study
				of real estate law.
				KRS
				324.085(2) requires a
				licensee who is issued an initial sales associate license after January 1,
				2016, to complete forty-eight (48) classroom or online hours of
				commission-approved post-license education. This administrative regulation
				establishes requirements for applying for initial licensure, license renewal,
				and reciprocal licensing; the commission's criminal background check policies
				for all applicants; the procedures for a licensee to report changes to his or
				her contact information to the commission; the penalty for failure to comply
				with
				KRS
				324.330; the procedure for the delivery of a
				sales associate's license to the commission when affiliation with a principal
				broker is terminated; the requirements relating to pre-license education;
				continuing education, and post-license education and the disciplinary
				consequences for failing to comply with the requirements.
Section 1. Initial Sales Associate License.
(1) Prior to applying for an initial sales
			 associate license, a prospective applicant shall complete six (6) academic
			 credit hours, or its equivalent, of prelicensing education with either:
(a) An approved pre-license education
			 provider; or
(b) An accredited
			 institution as defined by
			 KRS
			 324.010(8).