Kentucky Statutes 324.141 – Reciprocal licensing between states — Consent to service of process by nonresident applicant
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(1) (a) An individual who holds an active real estate license issued by another jurisdiction within the United States may apply for a Kentucky license by first:
1. Completing the application forms;
2. Passing the state law portion of the licensing examination; and
3. Fulfilling all other pre-license qualifications as outlined in this chapter. (b) The commission shall promulgate administrative regulations in accordance
with KRS Chapter 13A to establish the procedures for implementing
paragraph (a) of this subsection.
(2) All individuals who have held a real estate license in another jurisdiction, whether the license is currently active or canceled, shall be required to furnish, as part of his or her application for a Kentucky license, a certification of good standing, issued by the jurisdiction. The document shall include the individual’s license history and any disciplinary information available from that jurisdiction.
(3) Every nonresident applicant shall file an irrevocable consent stating that legal actions may be commenced against the applicant in the proper court of any county of this state in which a cause of action may arise in which the plaintiff may reside, by the service of any process or pleading authorized by the laws of this state on the commission, the consent stipulating and agreeing that service of process or pleadings on the commission shall be taken and held in all courts to be as valid and binding as if service had been made upon the applicant in the State of Kentucky. Any process or pleadings served upon the commission shall be by duplicate copies, one (1) of which shall be filed in the office of the commission and the other immediately forwarded by certified mail, return receipt requested, to the main office of the applicant against which the process or pleadings are directed.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 58, sec. 4, effective June 25, 2009. — Amended
1992 Ky. Acts ch. 448, sec. 14, effective July 14, 1992. — Amended 1988 Ky. Acts ch. 304, sec. 3, effective July 15, 1988. — Amended 1984 Ky. Acts ch. 111, sec. 141, effective July 13, 1984. — Created 1982 Ky. Acts ch. 196, sec. 2, effective July 15,
1982.
1. Completing the application forms;
Terms Used In Kentucky Statutes 324.141
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Canceled: means the status of a license when a licensee fails to renew a license, writes the commission a check for fees that is not honored, fails to re-affiliate with a principal broker, or fails to complete requirements for continuing or post-license education. See Kentucky Statutes 324.010
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Commission: means the Kentucky Real Estate Commission. See Kentucky Statutes 324.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Real estate: means real estate in its ordinary meaning and includes timeshares, options, leaseholds, and other interests less than leaseholds. See Kentucky Statutes 324.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
2. Passing the state law portion of the licensing examination; and
3. Fulfilling all other pre-license qualifications as outlined in this chapter. (b) The commission shall promulgate administrative regulations in accordance
with KRS Chapter 13A to establish the procedures for implementing
paragraph (a) of this subsection.
(2) All individuals who have held a real estate license in another jurisdiction, whether the license is currently active or canceled, shall be required to furnish, as part of his or her application for a Kentucky license, a certification of good standing, issued by the jurisdiction. The document shall include the individual’s license history and any disciplinary information available from that jurisdiction.
(3) Every nonresident applicant shall file an irrevocable consent stating that legal actions may be commenced against the applicant in the proper court of any county of this state in which a cause of action may arise in which the plaintiff may reside, by the service of any process or pleading authorized by the laws of this state on the commission, the consent stipulating and agreeing that service of process or pleadings on the commission shall be taken and held in all courts to be as valid and binding as if service had been made upon the applicant in the State of Kentucky. Any process or pleadings served upon the commission shall be by duplicate copies, one (1) of which shall be filed in the office of the commission and the other immediately forwarded by certified mail, return receipt requested, to the main office of the applicant against which the process or pleadings are directed.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 58, sec. 4, effective June 25, 2009. — Amended
1992 Ky. Acts ch. 448, sec. 14, effective July 14, 1992. — Amended 1988 Ky. Acts ch. 304, sec. 3, effective July 15, 1988. — Amended 1984 Ky. Acts ch. 111, sec. 141, effective July 13, 1984. — Created 1982 Ky. Acts ch. 196, sec. 2, effective July 15,
1982.