2010 New York Code
RPP - Real Property
Article 12-A - (440 - 443-A) REAL ESTATE BROKERS AND REAL ESTATE SALESMEN
442-K - Powers and duties of the state real estate board.

§  442-k.  Powers  and  duties of the state real estate board. 1.  The
  state real estate board shall have the  power  to  promulgate  rules  or
  regulations  affecting  brokers and sales persons in order to administer
  and effectuate  the  purposes  of  this  article,  except  that  matters
  pertaining to commingling money of a principal, rendering accounts for a
  client,  managing  property  for a client, broker's purchase of property
  listed with him or her, inducing breach of contract of  sale  or  lease,
  and  records  of  transactions  to  be  maintained  are reserved for the
  exclusive regulatory authority of the secretary of state.  The secretary
  of state, and not the state real estate board,  shall  promulgate  rules
  and  regulations  to  administer or implement the provisions of sections
  four hundred forty-one and four hundred forty-two-h of this article.  In
  addition,  the  secretary  of  state  shall  have  exclusive  regulatory
  authority  to promulgate rules regarding the duties and responsibilities
  of real estate brokers and salespersons with regard to the  handling  of
  clients' funds.
    2.  Authority  to  examine  applicants.  The  board  is  empowered  to
  prescribe the content for the courses of study for the  examination  and
  education of persons licensed under this article. The board shall advise
  the  secretary  of state on policies governing the administration of the
  examinations.
    3. Approval of schools.  The  board  shall  establish  the  rules  and
  regulations  governing the approval by the secretary of state of schools
  to offer or conduct courses required either  for  licensure  under  this
  article or for the satisfaction of the continuing education requirements
  contained  in paragraph (a) of subdivision three of section four hundred
  forty-one of this article.
    4. Study of laws and regulations. The board shall study the  operation
  of laws and regulations with respect to the rights, responsibilities and
  liabilities  of  real  estate  licensees  arising out of the transfer of
  interests in real property and shall make recommendation on  pending  or
  proposed   legislation   affecting  the  same,  with  the  exception  of
  legislation affecting section four hundred forty-two-h of this article.
    5. Enforcement programs and activities. The  board  shall  advise  and
  assist  the  secretary  of  state  in  carrying  out  the provisions and
  purposes  of  this  article  and  make  recommendations  concerning  the
  programs  and  activities  of  the  department  in  connection  with the
  enforcement of this article.
    6. Administration and enforcement. The department of state shall  have
  the  power  and its duty shall be to administer and enforce the laws and
  regulations of the state relating to  those  activities  involving  real
  estate  for  which  licensing  is  required  under  this  article and to
  instruct and require its agents to bring prosecutions  for  unauthorized
  and unlawful practice.
    7.  Reports to legislative committees. The board shall submit annually
  a report to the judiciary  committee  of  the  state  assembly  and  the
  judiciary committee of the state senate, containing a description of the
  types  of  complaints  received, status of cases, and the length of time
  from the initial complaint to any final disposition.

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