2022 Kentucky Revised Statutes Chapter 198B - Housing, buildings, and construction - building code 198B.704 Kentucky Board of Home Inspectors -- Members -- Removal -- Compensation -- Meetings.
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198B.704
Kentucky Board of Home Inspectors -- Members -- Removal -Compensation -- Meetings.
(1)
(2)
(a)
There is hereby created an independent agency of state government to
be known as the Kentucky Board of Home Inspectors, which shall be
attached to the Department of Professional Licensing for administrative
purposes. The board shall consist of five (5) members, each appointed by
the Governor. Each board member shall serve a term of three (3) years.
The board shall annually select one (1) of its members to serve as chair
and one (1) of its members to serve as vice chair to act in the chair's
absence. The board shall designate either a board member or a member
of the board's administrative staff to serve as secretary to the board.
(b) Any member appointed to fill a vacancy occurring other than by expiration
of a term shall be appointed for the remainder of the unexpired term.
(c) No more than three (3) members of the same political party shall serve on
the board at the same time.
(d) No member of the board shall reside in the same county as another
member. The members of the board shall be residents of Kentucky.
(e) 1.
A majority of the board shall constitute a quorum for the transaction
of business. The affirmative vote of a majority of the members is
necessary for the board to take official action.
2.
If the chair and vice chair are absent from a meeting of the board
when a quorum exists, the members who are present may elect a
presiding officer who shall serve as acting chair until the conclusion
of the meeting or until the arrival of the chair or vice chair.
(f) No member may serve on the board for more than six (6) consecutive
years. A member may serve on the board for six (6) consecutive years on
more than one (1) occasion if that person is not a member of the board for
at least two (2) years between periods of board service.
The five (5) members of the board shall be chosen as follows:
(a) Three (3) members shall:
1.
Have been actively engaged in performing home inspections in
Kentucky for at least five (5) years immediately before the member's
appointment to the board, or have completed no less than one
hundred (100) fee-paid inspections per year over the last five (5)
years; and
2.
Be licensed by the board as a home inspector;
(b) One (1) member shall represent the public at large and shall not be
associated with the home inspection, home building, or real estate
business other than as a consumer; and
(c) One (1) member shall be a real estate professional licensed under KRS
Chapter 324 who has been actively engaged in selling, trading,
exchanging, optioning, leasing, renting, managing, or listing residential
real estate in Kentucky for at least five (5) years immediately before the
member's appointment to the board. This member shall be selected from
a list of three (3) names submitted to the Governor from the Kentucky
(3)
(4)
(5)
(6)
Association of Realtors. When a vacancy occurs in this member position,
the Kentucky Association of Realtors shall have sixty (60) days after the
vacancy occurs to submit a list of three (3) names to the Governor to fill
the vacancy. The Governor may reject the list of three (3) names and
request that the Kentucky Association of Realtors submit a new list of
three (3) names within sixty (60) days of the Governor's request. If the
Kentucky Association of Realtors fails to timely submit this list to the
Governor, the Governor may immediately appoint a qualified person to fill
this vacancy.
A board member shall be automatically removed from the board and a vacancy
shall occur when the board member:
(a) Ceases to be a resident of the Commonwealth of Kentucky;
(b) Displays incompetence, neglect of duty, or unprofessional conduct;
(c) Fails to adhere to a duly adopted code of ethics of the board. Failure to
adhere to this code shall be determined by official action of the board;
(d) Enters a plea of guilty to, or has been found guilty of, a felony and the
time for appeal has passed or the judgment of conviction has been finally
affirmed on appeal; or
(e) Misses three (3) consecutive meetings or misses more than twenty-five
percent (25%) of the meetings held over the previous twelve (12) month
period.
Voting members of the board shall be compensated no more than three
hundred dollars ($300) per day for official business, subject to an annual
maximum of six thousand dollars ($6,000). Members shall be reimbursed for all
expenses paid and incurred in the discharge of official business consistent with
the reimbursement policy for state employees. With the approval of the
executive director of the Kentucky Real Estate Authority within the Department
of Professional Licensing, board members and board staff may attend and
travel to and from meetings and events relevant to the board or the industry the
board represents.
The board shall meet at least quarterly each calendar year upon the call of the
chair or the written request of a majority of the members of the board.
The chair shall establish the date, time, and place for each meeting.
Effective:April 11, 2017
History: Repealed and reenacted 2017 Ky. Acts ch. 178, sec. 17, effective April
11, 2017. -- Amended 2011 Ky. Acts ch. 100, sec. 5, effective June 8, 2011. -Amended 2010 Ky. Acts ch. 24, sec. 299, effective July 15, 2010. -- Amended
2008 Ky. Acts ch. 100, sec. 2, effective July 15, 2008. -- Amended 2006 Ky.
Acts ch. 77, sec. 1, effective July 12, 2006. -- Created 2004 Ky. Acts ch. 109,
sec. 3, effective July 13, 2004.
Legislative Research Commission Note (7/12/2006).
The reference to
"subsection (2)(a)3. of this section" that is contained in subsection (3) of this
statute pertains to provisions involving the appointment of certain board
members that were removed in 2006 Ky. Acts ch. 77, sec. 1. Because this
reference relates to licensure requirements that were to be met by July 1, 2006,
and was not removed in the Act, the Reviser of Statutes has not altered or
attempted to correct this phrase during codification.
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