CHAPTER 2. CREATION OF COMMISSION
IC 25-34.1-2
Chapter 2. Creation of Commission
IC 25-34.1-2-1
Creation; qualification of members; appointment; term; vacancies
Sec. 1. (a) The Indiana real estate commission is created.
(b) The commission consists of the following:
(1) Nine (9) district members. Each Indiana congressionaldistrict must be represented by one (1) individual appointedunder this subdivision.
(2) One (1) real estate member at large.
(3) Two (2) citizen members at large.
A member described in subdivision (1) must be a resident of therepresented district for not less than one (1) year. A memberdescribed in subdivision (1) or (2) must have engaged in business asa license broker for not less than five (5) years. Citizen members atlarge shall be appointed to represent the general public, must beresidents of Indiana, and must have never been associated with thereal estate business in any way other than as a consumer.
(c) Each member of the commission shall be appointed by thegovernor and shall serve a four (4) year term. If a successor has notbeen appointed, the current member shall serve until a successor isappointed and qualified. If a vacancy occurs on the commission, thegovernor shall appoint an individual to serve the unexpired term ofthe previous member and until a successor is appointed and qualified.
(d) A member of the commission may not hold a state or federalelective office.
As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1981,P.L.222, SEC.259; P.L.170-2002, SEC.128.
IC 25-34.1-2-2
Officers; term; duties; executive director
Sec. 2. (a) The commission shall elect from its membership achairman and a vice chairman. The chairman and vice chairman shallserve in that capacity for one (1) year and until a successor is elected.The chairman and vice chairman may serve consecutively no morethan two (2) terms in that capacity. The chairman shall preside at allmeetings. The vice chairman shall preside at meetings in the absenceof the chairman and shall perform other duties as the chairman maydirect.
(b) The licensing agency shall provide to the commission anexecutive director. The executive director may not be a member ofthe commission. The executive director shall:
(1) provide reasonable notice to all commission members of thetime and place of each meeting;
(2) keep a record of all meetings, of all votes taken by thecommission, and of all other proceedings, transactions,communications, official acts, and records of the commission;
(3) keep a current file of all licenses and licensees; and
(4) perform any other duties which the commission may
prescribe.
As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1982,P.L.113, SEC.80; P.L.132-1984, SEC.43.
IC 25-34.1-2-3
Meetings; time and place; quorum; written consent to action
Sec. 3. (a) The commission shall meet upon the call of thechairman or at the written request of any seven (7) members of thecommission. The chairman shall establish the time and place of allmeetings.
(b) A majority of the current members of the commissionconstitutes a quorum at a meeting for the purpose of transactingbusiness. A majority vote of all members present at a meeting isnecessary to bind the commission.
(c) Any action required or permitted to be taken at a meeting ofthe commission may be taken without a meeting if, prior to thataction:
(1) a written consent to the action, either executed as a singledocument or in counterparts, is signed by all members of thecommission; or
(2) all members orally consent to the action and subsequentlyconfirm that consent in writing.
The written consent or confirmation shall set forth the actionunder consideration and shall be filed with the minutes of themeetings which are kept by the executive director. A written consentor a confirmed oral consent shall be treated for all purposes as aunanimous vote of the members and as though the vote had takenplace at a regular meeting of the commission.
As added by Acts 1979, P.L.248, SEC.1.
IC 25-34.1-2-4
Compensation of members; expenses
Sec. 4. (a) Each member is entitled to the minimum salary perdiem as provided in IC 4-10-11-2.1(b).
(b) Each member is entitled to reimbursement for traveling andother expenses, as provided in the state travel policies andprocedures established by the department of administration andapproved by the state budget agency.
(c) The compensation and expenses of the commission membersand the expenses of the commission shall be paid out of the generalfund of the state.
As added by Acts 1979, P.L.248, SEC.1.
IC 25-34.1-2-5
Powers of commission
Sec. 5. The commission may:
(1) administer and enforce the provisions of this article;
(2) adopt rules in accordance with IC 4-22-2 and prescribeforms for licenses, applications, principal broker certifications,and other documents which are necessary or appropriate for the
administration and enforcement of this article;
(3) issue, deny, suspend, and revoke licenses in accordance withthis article, which licenses shall remain the property of thecommission;
(4) subject to IC 25-1-7, investigate complaints concerninglicensees or persons the commission has reason to believeshould be licensees, including complaints respecting failure tocomply with this article or the rules, and, when appropriate,take action pursuant to IC 25-34.1-6;
(5) bring actions, in the name of the state of Indiana, in anappropriate circuit court in order to enforce compliance withthis article or the rules;
(6) inspect the records of a licensee in accordance with rulesand standards prescribed by the commission;
(7) conduct, or designate a member or other representative toconduct, public hearings on any matter for which a hearing isrequired under this article and exercise all powers granted inIC 4-21.5;
(8) adopt a seal containing the words "Indiana Real EstateCommission" and, through its executive director, certify copiesand authenticate all acts of the commission;
(9) utilize counsel, consultants, and other persons who arenecessary or appropriate to administer and enforce this articleand the rules;
(10) enter into contracts and authorize expenditures that arenecessary or appropriate, subject to IC 25-1-6, to administer andenforce this article and the rules;
(11) maintain the commission's office, files, records, andproperty in the city of Indianapolis;
(12) grant, deny, suspend, and revoke approval of examinationsand courses of study as provided in IC 25-34.1-5;
(13) provide for the filing and approval of surety bonds whichare required by IC 25-34.1-5;
(14) adopt rules in accordance with IC 4-22-2 necessary for theadministration of the investigative fund established underIC 25-34.1-8-7.5;
(15) annually adopt emergency rules under IC 4-22-2-37.1 toadopt any or all parts of Uniform Standards of ProfessionalAppraisal Practice (USPAP), including the comments to theUSPAP, as published by the Appraisal Standards Board of theAppraisal Foundation, under the authority of Title XI of theFinancial Institutions Reform, Recovery, and Enforcement Act(12 U.S.C. 3331-3351); and
(16) exercise other specific powers conferred upon thecommission by this article.
As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1981,P.L.222, SEC.260; P.L.7-1987, SEC.129; P.L.145-2003, SEC.8;P.L.177-2009, SEC.58.
IC 25-34.1-2-5.1 Standards for competent practice; rules
Sec. 5.1. The commission shall adopt rules establishing standardsfor the competent practice of the various occupations regulated inthis article.
As added by Acts 1981, P.L.222, SEC.261.
IC 25-34.1-2-6
Repealed
(Repealed by P.L.57-2007, SEC.9.)
IC 25-34.1-2-7
Report of funds; deposit; payment of expenses; fee for investigativefund
Sec. 7. (a) Except as provided in subsection (b), all fundscollected under this article shall, at the end of each month, bereported to the auditor of state and deposited with the treasurer ofstate for deposit in the general fund. All expenses incurred in theadministration of this article shall be paid from the general fund.
(b) The commission shall establish a fee of not more than twentydollars ($20) for real estate brokers and salespersons to providefunds for the purpose of administering and enforcing the provisionsof this article, including investigating and taking enforcement actionagainst real estate fraud and real estate appraisal fraud. All fundscollected under this subsection shall be deposited in the investigativefund established by IC 25-34.1-8-7.5.
As added by P.L.57-2007, SEC.2.