Kentucky Statutes 324.2811 – Automatic removal of member from commission
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A member shall be automatically removed from the commission and a vacancy shall be created if:
(1) A licensee of the commission ceases to be a broker or sales associate;
(2) A consumer member of the commission acquires a license or financial interest in the practice of real estate;
(3) A member enters a plea of guilty to, or has been found guilty of, a felony in which fraud is an essential element or to any crime involving moral turpitude and the time for appeal has lapsed or the judgment or conviction has been affirmed on appeal;
(4) A member ceases to be a bona fide resident of this Commonwealth;
(5) A member displays incompetence, neglect of duty, or unprofessional conduct; (6) A member fails to adhere to a duly adopted code of ethics of the commission.
Failure to adhere to this code shall be determined by official action of the
commission; or
(7) A member misses three (3) consecutive meetings or misses more than twenty-five percent (25) of the meetings held over the previous twelve (12) month period.
Effective:April 11, 2017
History: Amended 2017 Ky. Acts ch. 178, sec. 38, effective April 11, 2017. — Amended 2000 Ky. Acts ch. 488, sec. 23, effective July 14, 2000. — Amended
1992 Ky. Acts ch. 448, sec. 21, effective July 14, 1992. — Created 1982 Ky. Acts ch. 196, sec. 6, effective July 15, 1982.
Legislative Research Commission Note (4/11/2017). In codifying the amendments made to this statute in 2017 Ky. Acts ch. 178, sec. 38, the Reviser of Statutes has changed the word “board” to “commission” in two places in new subsection (6) to correct a manifest clerical or typographical error under the authority of KRS § 7.136(1)(h).
(1) A licensee of the commission ceases to be a broker or sales associate;
Terms Used In Kentucky Statutes 324.2811
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Broker: means any person who is licensed under KRS §. See Kentucky Statutes 324.010
- Commission: means the Kentucky Real Estate Commission. See Kentucky Statutes 324.010
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Month: means calendar month. See Kentucky Statutes 446.010
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- 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
- Sales associate: means any person licensed in accordance with KRS §. See Kentucky Statutes 324.010
- Statute: A law passed by a legislature.
(2) A consumer member of the commission acquires a license or financial interest in the practice of real estate;
(3) A member enters a plea of guilty to, or has been found guilty of, a felony in which fraud is an essential element or to any crime involving moral turpitude and the time for appeal has lapsed or the judgment or conviction has been affirmed on appeal;
(4) A member ceases to be a bona fide resident of this Commonwealth;
(5) A member displays incompetence, neglect of duty, or unprofessional conduct; (6) A member fails to adhere to a duly adopted code of ethics of the commission.
Failure to adhere to this code shall be determined by official action of the
commission; or
(7) A member misses three (3) consecutive meetings or misses more than twenty-five percent (25) of the meetings held over the previous twelve (12) month period.
Effective:April 11, 2017
History: Amended 2017 Ky. Acts ch. 178, sec. 38, effective April 11, 2017. — Amended 2000 Ky. Acts ch. 488, sec. 23, effective July 14, 2000. — Amended
1992 Ky. Acts ch. 448, sec. 21, effective July 14, 1992. — Created 1982 Ky. Acts ch. 196, sec. 6, effective July 15, 1982.
Legislative Research Commission Note (4/11/2017). In codifying the amendments made to this statute in 2017 Ky. Acts ch. 178, sec. 38, the Reviser of Statutes has changed the word “board” to “commission” in two places in new subsection (6) to correct a manifest clerical or typographical error under the authority of KRS § 7.136(1)(h).