DEPARTMENT OF PROFESSIONAL LICENSING -- KENTUCKY REAL ESTATE AUTHORITY

KRS tit. XXVI, ch. 324B

in effect

KRS 324B.010 Definitions for chapter

324B.010. Definitions for chapter As used in this chapter: (1) "Authority" means the Kentucky Real Estate Authority; (2) "Cabinet" means the Public Protection Cabinet; (3) "Commissioner" means the commissioner of the Department of Professional Licensing; (4) "Department" means the Department of Professional Licensing; (5) "Division" means the Division of Real Property Boards; and (6) "Executive director" means the executive director of the Kentucky Real Estate Authority. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 182, sec. 19, effective July 15, 2024. -- Created 2017 Ky. Acts ch. 178, sec. 1, effective April 11, 2017. Legislative Research Commission Note (7/15/2024). Under the authority of KRS 7.136, the reviser of statutes has changed the internal numbering of this statute to place the definitions in alphabetical order. The words in the statute were not changed.

KRS 324B.020 Department of Professional Licensing within Public Protection Cabinet

324B.020. Department of Professional Licensing within Public Protection Cabinet The Department of Professional Licensing is hereby created within the Public Protection Cabinet. The department shall be managed by a commissioner, who shall be appointed by the Governor. Effective:April 11, 2017 History: Created 2017 Ky. Acts ch. 178, sec. 2, effective April 11, 2017.

KRS 324B.030 Department of Professional Licensing -- Services for boards and commissions -- Charges -- Complaints -- Acceptance of personal checks in payment of license renewal fees

324B.030. Department of Professional Licensing -- Services for boards and commissions -- Charges -- Complaints -- Acceptance of personal checks in payment of license renewal fees (1) The Department of Professional Licensing in the Public Pr otection Cabinet shall provide administrative services, technical assistance, and advice to the following boards and commissions at the request of the individual boards or commissions, all of which maintain their identity and their full authority for makin g policy decisions in the fields that they regulate: the State Board of Accountancy, the Kentucky Board of Architects, the Kentucky Board of Barbering, the Kentucky Board of Cosmetology, the State Board of Podiatry, the Kentucky State Board of Chiropractic Examiners, the Kentucky Board of Dentistry, the State Board of Embalmers and Funeral Directors, the State Board of Registration for Professional Engineers and Land Surveyors, the Kentucky Board of Nursing, the Kentucky Board of Ophthalmic Dispensers, the Kentucky Board of Optometric Examiners, the Kentucky Board of Pharmacy, the State Board of Physical Therapy, the State Board of Examiners of Psychologists, the Kentucky Real Estate Commission, the Kentucky Board of Veterinary Examiners, the Board of Auctio neers, the Real Property Appraisers Board, the Kentucky Board of Home Inspectors, the Kentucky Board of Landscape Architects, the State Board of Medical Licensure, the Board of Speech-Language Pathology and Audiology, the Kentucky Board of Licensure for Nursing Home Administrators, the Kentucky Licensing Board for Specialists in Hearing Instruments, the Kentucky Board of Social Work, the Kentucky Board of Emergency Medical Services, and any other boards and commissions that are created to license, certify, register, or otherwise regulate any occupational or professional category. (2) The department may also provide administrative services to a board or commission that is created to license, certify, register, or otherwise regulate any occupational or professional category if these administrative services are deemed to be preferable or required after the review process conducted under KRS 324B.040. (3) To the extent that the department provides administrative services, the respective boards and commissions are relieved of the power and duty to provide the services for themselves. The department shall charge each board or commission a reasonable amount for administrative services provided pursuant to subsection (1) of this section. The department may employ persons previously employed by boards or commissions. (4) The department may receive complaints against the conduct of licensees granted licensure by the boards and commissions assigned to the department for administrative purposes. The department shall cause these complaints to be reduced to writing and forwarded to the appropriate board or commission for investigation and a determination of the validity of the complaint. The department shall keep a record of all complaints received by it and forwarded to a bo ard or commission. (5) Any board or commission listed in subsection (1) of this section shall accept personal checks in payment of license renewal fees. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 172, sec. 26, effective July 15, 2026. -- Amended 2024 Ky. Acts ch. 182, sec. 15, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 126, sec. 13, effective July 14, 2022. -- Amended 2018 Ky. Acts ch. 46, sec. 33, effective March 30, 2018. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 178, sec. 5, effective April 11, 2017. -- Amended 2014 Ky. Acts ch. 90, sec. 17, effective July 15, 2014. -- Amended 2012 Ky. Acts ch 76, sec. 23, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 15, sec. 2, effective July 15, 2010; and ch. 24, sec. 351, effective July 15, 2010. -- Repealed and reenacted 2009 Ky. Acts ch. 12, sec. 16, effective June 25, 2009. -- Amended 2008 Ky. Acts ch. 59, sec. 7, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 11, sec. 1, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 369, sec. 2, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 17, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 393, sec. 27, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 384, sec 10, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 307, sec. 1. -- Amended 1974 Ky Acts ch. 74, Art. II, sec 8. -- Created 1962 Ky.ch. 106, Art. V, sec. 7. Formerly codified as KRS 224.10-052. Formerly codified as KRS 42.066. Legislative Research Commission Note (7/15/2010). A reference to the "Division of Occupations and Professions" in subsection (2) of this section, as amended by 2010 Ky. Acts. ch. 15, sec. 2, has been changed in codification to the "Office of Occupations and Professions" to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938. Legislative Research Commission Note (6/25/2009). 2009 Ky. Acts ch. 12, sec. 16, proposed to repeal KRS 42.066 and reenact it as a new section of KRS Chapter 42. During codification, the Reviser of Statutes has instead created a new section of Subchapter 10 of KRS Chapter 224 (this statute) to conform with the context of the reorganization effected by 2009 Ky. Acts ch. 12, under the authority of KRS 7.136(1)(a).

KRS 324B.040 Independent board or commission to use services of Department of Professional Licensing -- Exemptions -- Report

324B.040. Independent board or commission to use services of Department of Professional Licensing -- Exemptions -- Report (1) As used in this section, "independent board or commission" means an executive branch agency created by statute that serves the primary purpose of licensing, certifying, registering, or otherwise regulating any occupational or professional category. "Independent board or commission" does not include: (a) An executive branch board or commission that is a part of another executive branch agency; (b) Any board or commission that is under the authority or jurisdiction of the General Assembly or the judicial branch; or (c) Any board or commission within any branch of state government if that board or commission is expressly designed to: 1. Study, report, or make recommendations regarding a particular issue; or 2. Expire within a time certain. (2) Any independent board or commission that is created after July 15, 2010, shall use the administrative services of the Department of Professional Licensing as described under KRS 324B.030 unless that board or commission can reasonably demonstrate to the satisfaction of the department that it will license, certify, register, or otherwise regulate at least one hundred (100) persons. If the board or commission is able to initially demonstrate that it will reach the threshold established in this subsection and then fails to license, certify, register, or otherwise regulate at least one hundred (100) persons at the end of any two (2) consecutive fiscal years, that board or commission shall be subject to the process required in subsection (4) of this section. (3) Any independent board or commission that was created before July 15, 2010, shall undergo the process required in subsection (4) of this section if that board or commission licenses, certifies, registers, or otherwise regulates less than one hundred (100) persons at the end of any two (2) consecutive fiscal years ending on or after June 30, 2010. (4) (a) If an independent board or commission fails to regulate one hundred (100) or more persons for two (2) consecutive fiscal years as described in subsections (2) and (3) of this section, that board or commission shall submit a report within ninety (90) days after the close of the second of the two (2) fiscal years to the Department of Professional Licensing and to the Interim Joint Committee on Licensing and Occupations of the Legislative Research Commission or to the corresponding standing committees of the General Assembly. The report shall contain, at a minimum: 1. The number of persons licensed, certified, registered, or otherwise regulated by the board or commission at the close of each of the two (2) fiscal years; 2. A detailed accounting of the revenues, fees collected, board or commission member reimbursements or per diems, staff salaries, costs, expenses, and other financial activities of the board or commission for each of the two (2) fiscal years; and 3. The board or commission's plan to: a. Increase the number of persons it licenses, certifies, registers, or otherwise regulates to one hundred (100) or more persons; b. Merge with one (1) or more other boards, commissions, or other governmental entities, which will result in a merged entity that will license, certify, register, or otherwise regulate one hundred (100) or more persons; or c. Allow the Department of Professional Licensing to assume administrative duties for the board or commission as described in KRS 324B.030. (b) If, after implementation of its plan under paragraph (a)3.a. or b. of this subsection, an independent board or commission fails to license, certify, register, or otherwise regulate one hundred (100) or more persons for an additional three (3) consecutive fiscal years, for a total of five (5) consecutive fiscal years, that board or commission shall allow the Department of Professional Licensing to assume administrative duties for the board or commission as described in KRS 324B.030 within ninety (90) days after the end of the fifth fiscal year. Effective Date: April 11, 2017 History: Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 178, sec. 6, effective April 11, 2017. -- Created 2010 Ky. Acts ch. 15, sec. 1, effective July 15, 2010. Legislative Research Commission Note (7/15/2010). References to the "Division of Occupations and Professions" in subsections (2) and (4) of this section, as created by 2010 Ky. Acts ch. 15, sec. 1, have been changed in codification to the "Office of Occupations and Professions" to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938. Formerly codified as KRS 224.10-053.

KRS 324B.045 Division of Real Property Boards -- Permissible functions -- Duties of director and secretary

324B.045. Division of Real Property Boards -- Permissible functions -- Duties of director and secretary (1) (a) The Division of Real Property Boards is hereby created within the Department of Professional Licensing and shall include the: 1. Kentucky Board of Home Inspectors, established under KRS 198B.704; and 2. Board of Auctioneers, established under KRS 330.050. (b) The Division of Real Property Boards shall be managed by a director, who shall be appointed by the secretary of the Public Protect ion Cabinet with prior written approval of the Governor. The director shall be exempted from the classified service. (c) The Division of Real Property Boards may: 1. Provide appropriate attorneys, personnel staffing, and administrative support to the real property boards identified in paragraph (a) of this subsection; 2. Establish and maintain an office, meeting space, office supplies, furniture, storage space, and any other supplies that are necessary to carry out the duties of the Division of Real Propert y Boards and the real property boards identified in paragraph (a) of this subsection; 3. Make available for public inspection all decisions, opinions, and interpretations formulated or used by the division and the real property boards identified in paragraph (a) of this subsection in discharging their functions; 4. Publicize the functions and purposes of the Division of Real Property Boards and the real property boards identified in paragraph (a) of this subsection; 5. Employ administrative coordinators who shall carry out the administrative functions and day-to-day operations of the real property boards identified in paragraph (a) of this subsection. The maximum number of administrative coordinators shall be one (1) for each real property board. These administrative coordinators shall be exempted from the classified service; and 6. Enter into agreements with any state agency, political subdivision of the state, postsecondary education institution, or other person or entity to assist with implementation of the duties and responsibilities of the Division of Real Property Boards or, upon request, the real property boards identified in paragraph (a) of this subsection. (2) The director of the Division of Real Property Boards shall: (a) Provide oversight of the Division of Real Property Boards; (b) Review and provide feedback on any administrative regulation proposed by any of the boards within the Division of Real Property Boards prior to the promulgation of the administrative regulation; (c) Review and provide feedback on the budgets and expenditures of the boards within the Division of Real Property Boards; (d) Submit written recommendations to the secretary of the Public Protection Cabinet concerning sufficient staffing needs and relevant experience necessary to assist in carrying out the mission and function of the Division of Real Property Boards; (e) Pursuant to KRS 13B.120(7), automatically hear and issue a final order regarding any decision of a real property board that would otherwise be subject to appeal. An aggrieved party may appeal a final order of the director pursuant to KRS Chapter 13B within thirty (30) days after the issuance of the order to the Circuit Court of the county where the party has his or her principal place of business or where the party resides; (f) Make available for public inspection all decisi ons, opinions, and interpretations formulated or used by the director in discharging his or her functions; (g) Carry out the applicable policy and program directives of the department; (h) Prepare annual reports on the director's activities; (i) Delegate any power to employees and contractors as needed; (j) Have a minimum of seven (7) years of experience in the real estate industry within the last fifteen (15) years; and (k) Perform all other duties assigned by law. (3) The secretary of the Public Protection Cabinet shall: (a) Consider the staffing recommendations and requests submitted by the director of the Division of Real Property Boards; and (b) Provide the Division of Real Property Boards with documentation showing the income and expenditures of all license fees. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 172, sec. 12, effective July 15, 2026. -- Created 2024 Ky. Acts ch. 182, sec. 1, effective July 15, 2024.

KRS 324B.050 Kentucky Real Estate Authority -- Executive director -- Powers

324B.050. Kentucky Real Estate Authority -- Executive director -- Powers (1) The Kentucky Real Estate Authority is hereby created within the Department of Professional Licensing. (2) The authority shall be managed by an executive director, who shall be appointed by the secretary of the Public Protection Cabinet with prior written approval from the Governor. The executive director shall be exempted from the classified service. (3) The authority shall have the power and authority to: (a) Provide appropriate attorneys, personnel staffing, and administrative support to the Kentucky Real Estate Commission; (b) Establish and maintain an office, meeting space, office supplies, furniture, storage space, and any other supplies that are necessary to carry out t he duties of the authority and the Kentucky Real Estate Commission; (c) Make available for public inspection all decisions, opinions, and interpretations formulated or used by the authority and the Kentucky Real Estate Commission in discharging its functio ns; (d) Publicize the functions and purposes of the authority and the Kentucky Real Estate Commission; (e) Employ an administrative coordinator who shall carry out the administrative functions and day-to-day operations of the Kentucky Real Estate Commission. The administrative coordinator shall be exempted from the classified service; and (f) Enter into agreements with any state agency, political subdivision of the state, postsecondary education institution, or other person or entity to assist with implementation of the duties and responsibilities of the authority or, upon request, the Kentucky Real Estate Commission. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 182, sec. 14, effective July 15, 2024. -- Created 2017 Ky. Acts ch. 178, sec. 3, effective April 11, 2017.

KRS 324B.060 Duties of executive director of Kentucky Real Estate Authority

324B.060. Duties of executive director of Kentucky Real Estate Authority The executive director shall: (1) Provide government oversight of the Kentucky Real Estate Commission; (2) Review and provide feedback on any administrative regulation proposed by the Kentucky Real Estate Commission prior to the promulgation of the administrative regulation; (3) Review and provide feedback on the budgets and expenditures of the Kentucky Real Estate Commission; (4) Pursuant to KRS 13B.120(7), automatically hear and issue a final order regarding any decision of the Kentucky Real Estate Commission that would otherwise be subject to appeal. An aggrieved party may appeal a final order of the executive director pursuant to KRS Chapter 13B within thirty (30) days after the issuance of the order to the Circuit Court of the county where the licensee has his or her principal place of business or where the license applicant resides; (5) Make available for public inspection all decisions, opinions, and interpretations formulated or used by the executive director in discharging his or her functions; (6) Carry out the policy and program directives of the authority; (7) Prepare annual reports on the executive director's activities; (8) Delegate any power to employees and contractors as needed; (9) Have a minimum of seven (7) years of experience in the real estate industry within the last fifteen (15) years; (10) Perform all other duties assigned by law; and (11) (a) Submit written recommendations to the secretary of the Public Protection Cabinet regarding sufficient staffing needs and relevant experience necessary to assist in carrying out the mission and function of the commission. (b) The secretary of the Public Protection Cabinet shall: 1. Consider the staffing recommendations and requests submitted by the executive director; and 2. Provide the Kentucky Real Estate Commission with documentation showing the income and expenditures of all license fees. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 182, sec. 16, effective July 15, 2024. -- Created 2017 Ky. Acts ch. 178, sec. 4, effective April 11, 2017.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=45452Fetched: 10/20/2026