09RS HB355

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HB 355 (BR 1594) - D. Ford, R. Rand, J. DeCesare, A. Koenig, L. Napier, D. Osborne, S. Westrom

AN ACT relating to real estate brokers.
Create a new section of KRS Chapter 324, relating to real estate brokers, to allow the Real Estate Commission to issue opinion letters on licensing issues at the request of a licensee; amend KRS 324.010 to define "grievance," "charge," "complaint," "order," "agreed order," "final order," "letter of concern," "crime of dishonesty," and "expired"; amend KRS 324.020 to permit the commission to issue a cease-and-desist order against those practicing real estate brokerage without a license; allow the commission to impose civil penalties and seek an injunction to stop the unlawful practice; declare that a cease-and-desist order does not constitute agency action subject to a hearing under KRS Chapter 13B; amend KRS 324.112 to remove the prohibition on sales associates managing a branch office outside a 50 mile radius from the main office; amend KRS 324.150 to delete complaint language that would be inconsistent with the new grievance procedure; amend KRS 324.151 to establish a system to allow any person to submit a grievance against a real estate commission licensee; create necessary elements of the grievance, methods of withdrawing a grievance, and steps of a grievance investigation by the commission; authorize the commission to resolve a grievance by issuing a complaint if it finds one or more violations, by finding no violation, or by issuing a letter of concern or a reprimand; set complaint procedures, including service of the complaint on the licensee, administrative hearings, and a final order by the commission; authorize the commission to promulgate administrative regulations to allow for informal disposition of any complaint; amend KRS 324.160 to permit the commission to limit or restrict the license of a licensee who has committed a violation; direct a licensee to disclose his or her interest in a property in writing on the property sales contract; allow discipline against a licensee who has been convicted of a misdemeanor involving a crime of dishonesty.

Feb 9-introduced in House
Feb 10-to Licensing & Occupations (H)

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