Kentucky Statutes 324.150 – Investigation of licensee — Disciplinary action against licensee –Investigative powers of commission — Emergency hearings
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(1) (a) The commission or its staff may on its own initiative investigate the actions of any licensee or any person who acts in that capacity. On the verified written complaint of any person, the commission shall investigate the actions of any person who assumes to act in that capacity, if the complaint, together with any evidence presented in connection with it, alleges a prima facie case that a violation set out in KRS § 324.160 has been committed. After the investigation, the commission may order a hearing and, in appropriate cases, take disciplinary action against any licensee who is found in violation of KRS
324.160.
(b) The commission may conduct an emergency hearing when alleged escrow account violations warrant emergency action. The commission shall promulgate administrative regulations to describe the specific circumstances and allegations that authorize emergency action. The emergency hearing shall be conducted in accordance with KRS Chapter 13B, as it relates to emergency orders and emergency hearings.
(2) To investigate allegations of practices violating the provisions of this chapter, the commission may:
(a) Issue subpoenas to compel attendance of witnesses and the production of books, papers, documents, or other evidence;
(b) Administer oaths; (c) Review evidence;
(d) Enter the office or branch office of any principal broker for the purpose of inspecting all documents required by the commission to be maintained in the principal broker‘s office or branch office which relate to the allegations of practices violating the provisions of this chapter;
(e) Examine witnesses; and
(f) Pay appropriate witness fees.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 58, sec. 5, effective June 25, 2009. — Amended
2004 Ky. Acts ch. 45, sec. 6, effective July 13, 2004. — Amended 2000 Ky. Acts ch.
488, sec. 15, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 313, sec. 9, effective July 15, 1998. — Amended 1982 Ky. Acts ch. 196, sec. 19, effective July
15, 1982. — Amended 1976 Ky. Acts ch. 100, sec. 16. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3990e-6.
324.160.
Terms Used In Kentucky Statutes 324.150
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Broker: means any person who is licensed under KRS §. See Kentucky Statutes 324.010
- Commission: means the Kentucky Real Estate Commission. See Kentucky Statutes 324.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Principal broker: means a person licensed as a broker under KRS §. See Kentucky Statutes 324.010
(b) The commission may conduct an emergency hearing when alleged escrow account violations warrant emergency action. The commission shall promulgate administrative regulations to describe the specific circumstances and allegations that authorize emergency action. The emergency hearing shall be conducted in accordance with KRS Chapter 13B, as it relates to emergency orders and emergency hearings.
(2) To investigate allegations of practices violating the provisions of this chapter, the commission may:
(a) Issue subpoenas to compel attendance of witnesses and the production of books, papers, documents, or other evidence;
(b) Administer oaths; (c) Review evidence;
(d) Enter the office or branch office of any principal broker for the purpose of inspecting all documents required by the commission to be maintained in the principal broker‘s office or branch office which relate to the allegations of practices violating the provisions of this chapter;
(e) Examine witnesses; and
(f) Pay appropriate witness fees.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 58, sec. 5, effective June 25, 2009. — Amended
2004 Ky. Acts ch. 45, sec. 6, effective July 13, 2004. — Amended 2000 Ky. Acts ch.
488, sec. 15, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 313, sec. 9, effective July 15, 1998. — Amended 1982 Ky. Acts ch. 196, sec. 19, effective July
15, 1982. — Amended 1976 Ky. Acts ch. 100, sec. 16. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3990e-6.