09RS House Bill 355

House Bill 355

Actions

Last Action	to Licensing & Occupations (H)
Title	AN ACT relating to real estate brokers.
Bill Documents	Bill
Bill Request Number	1594
Sponsors	D. Ford, R. Rand, J. DeCesare, A. Koenig, L. Napier, D. Osborne, S. Westrom
Summary of Original Version	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.
Index Headings of Original Version	Administrative Regulations and Proceedings - Real Estate Commission, grievance and complaint procedure to determine licensee discipline Licensing - Real estate brokers, authorized activities and license discipline of Occupations and Professions - Real estate brokers, authorized activities and license discipline of Property - Real estate brokers, authorized activities and license discipline of Real Estate - Real estate brokers, authorized activities and license discipline of State Agencies - Real Estate Commission, grievance and complaint procedure to determine licensee discipline

02/09/09	introduced in House
02/10/09	to Licensing & Occupations (H)