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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license, unless the license has been revoked, suspended, or is allowed to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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