324.045 Qualifications for license -- Examination -- Fee -- Criminal record check.
(1)
(2)
(3)
(4)
(5)
Licenses shall be granted only to persons who are trustworthy and competent to
transact the business of a broker or sales associate in a manner to safeguard the
interest of the public, and only after satisfactory proof of qualifications has been
presented to the commission.
In addition to proof of honesty, truthfulness, and good reputation of any applicant
for a license, each applicant shall pass a written examination conducted by the
commission, or its authorized representative. The examination shall be of the scope
and wording sufficient in the judgment of the commission to establish the
competency of the applicant to act as a broker or sales associate in a manner to
protect the interests of the public. However, an examination shall not be required
for the renewal of any present or future license, unless the license has been revoked,
suspended, or is allowed to expire without renewal for a period of more than one (1)
year.
The commission shall hold examinations at the times and places it determines, and
an examination fee shall be collected from each applicant to defray the expenses of
holding the examinations.
The commission may, by the promulgation of administrative regulations, require all
licensure applicants to submit to a criminal record check for which the applicant
shall be responsible for the payment of any fees incurred.
Applicants shall be subject to a national criminal history check through the Federal
Bureau of Investigation. The applicant shall request the criminal history check and
shall provide the applicant's fingerprints to either the Federal Bureau of
Investigation or the Kentucky State Police for submission to the Federal Bureau of
Investigation to search for information regarding the applicant in the National
Crime Information Center or its successor entity. The results of the criminal history
check shall be sent to the commission, and shall be sent to the applicant at the
applicant's request. The applicant shall:
(a) Authorize release of the results of the criminal history check to the
commission;
(b) Pay the actual cost of the fingerprinting and criminal history check, if any;
(c) Complete the criminal history check within the ninety (90) calendar days prior
to the date the license application is received by the commission; and
(d) Complete and return to the commission within one hundred twenty (120) days
a signed affidavit verifying that there is nothing on record to prohibit the
applicant from licensure.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 58, sec. 1, effective June 25, 2009. -- Amended
2000 Ky. Acts ch. 488, sec. 6, effective July 14, 2000. -- Amended 1998 Ky. Acts
ch. 313, sec. 4, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 448, sec. 6,
effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 196, sec. 12, effective July
15, 1982. -- Amended 1976 Ky. Acts ch. 100, sec. 10. -- Amended 1970 Ky. Acts
ch. 120, sec. 14. -- Amended 1968 Ky. Acts ch. 187, sec. 1. -- Amended 1960 Ky.
Acts ch. 215, sec. 1. -- Amended 1956 Ky. Acts ch. 18, sec. 2. -- Created 1952 Ky.
Acts ch. 4, secs. 2 and 3.
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