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 congressional
district must be represented by one (1) individual appointed
under 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 the
represented district for not less than one (1) year. A member
described in subdivision (1) or (2) must have engaged in business as
a license broker for not less than five (5) years. Citizen members at
large shall be appointed to represent the general public, must be
residents of Indiana, and must have never been associated with the
real estate business in any way other than as a consumer.
(c) Each member of the commission shall be appointed by the
governor and shall serve a four (4) year term. If a successor has not
been appointed, the current member shall serve until a successor is
appointed and qualified. If a vacancy occurs on the commission, the
governor shall appoint an individual to serve the unexpired term of
the previous member and until a successor is appointed and qualified.
(d) A member of the commission may not hold a state or federal
elective 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 a
chairman and a vice chairman. The chairman and vice chairman shall
serve in that capacity for one (1) year and until a successor is elected.
The chairman and vice chairman may serve consecutively no more
than two (2) terms in that capacity. The chairman shall preside at all
meetings. The vice chairman shall preside at meetings in the absence
of the chairman and shall perform other duties as the chairman may
direct.
(b) The licensing agency shall provide to the commission an
executive director. The executive director may not be a member of
the commission. The executive director shall:
(1) provide reasonable notice to all commission members of the
time and place of each meeting;
(2) keep a record of all meetings, of all votes taken by the
commission, 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 the
chairman or at the written request of any seven (7) members of the
commission. The chairman shall establish the time and place of all
meetings.
(b) A majority of the current members of the commission
constitutes a quorum at a meeting for the purpose of transacting
business. A majority vote of all members present at a meeting is
necessary to bind the commission.
(c) Any action required or permitted to be taken at a meeting of
the commission may be taken without a meeting if, prior to that
action:
(1) a written consent to the action, either executed as a single
document or in counterparts, is signed by all members of the
commission; or
(2) all members orally consent to the action and subsequently
confirm that consent in writing.
The written consent or confirmation shall set forth the action
under consideration and shall be filed with the minutes of the
meetings which are kept by the executive director. A written consent
or a confirmed oral consent shall be treated for all purposes as a
unanimous vote of the members and as though the vote had taken
place 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 per
diem as provided in IC 4-10-11-2.1(b).
(b) Each member is entitled to reimbursement for traveling and
other expenses, as provided in the state travel policies and
procedures established by the department of administration and
approved by the state budget agency.
(c) The compensation and expenses of the commission members
and the expenses of the commission shall be paid out of the general
fund 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 prescribe
forms 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 with
this article, which licenses shall remain the property of the
commission;
(4) subject to IC 25-1-7, investigate complaints concerning
licensees or persons the commission has reason to believe
should be licensees, including complaints respecting failure to
comply 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 an
appropriate circuit court in order to enforce compliance with
this article or the rules;
(6) inspect the records of a licensee in accordance with rules
and standards prescribed by the commission;
(7) conduct, or designate a member or other representative to
conduct, public hearings on any matter for which a hearing is
required under this article and exercise all powers granted in
IC 4-21.5;
(8) adopt a seal containing the words "Indiana Real Estate
Commission" and, through its executive director, certify copies
and authenticate all acts of the commission;
(9) utilize counsel, consultants, and other persons who are
necessary or appropriate to administer and enforce this article
and the rules;
(10) enter into contracts and authorize expenditures that are
necessary or appropriate, subject to IC 25-1-6, to administer and
enforce this article and the rules;
(11) maintain the commission's office, files, records, and
property in the city of Indianapolis;
(12) grant, deny, suspend, and revoke approval of examinations
and courses of study as provided in IC 25-34.1-5;
(13) provide for the filing and approval of surety bonds which
are required by IC 25-34.1-5;
(14) adopt rules in accordance with IC 4-22-2 necessary for the
administration of the investigative fund established under
IC 25-34.1-8-7.5;
(15) annually adopt emergency rules under IC 4-22-2-37.1 to
adopt any or all parts of Uniform Standards of Professional
Appraisal Practice (USPAP), including the comments to the
USPAP, as published by the Appraisal Standards Board of the
Appraisal Foundation, under the authority of Title XI of the
Financial Institutions Reform, Recovery, and Enforcement Act
(12 U.S.C. 3331-3351); and
(16) exercise other specific powers conferred upon the
commission 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 standards
for the competent practice of the various occupations regulated in
this 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 investigative
fund
Sec. 7. (a) Except as provided in subsection (b), all funds
collected under this article shall, at the end of each month, be
reported to the auditor of state and deposited with the treasurer of
state for deposit in the general fund. All expenses incurred in the
administration of this article shall be paid from the general fund.
(b) The commission shall establish a fee of not more than twenty
dollars ($20) for real estate brokers and salespersons to provide
funds for the purpose of administering and enforcing the provisions
of this article, including investigating and taking enforcement action
against real estate fraud and real estate appraisal fraud. All funds
collected under this subsection shall be deposited in the investigative
fund established by IC 25-34.1-8-7.5. As added by P.L.57-2007, SEC.2.
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 congressional
district must be represented by one (1) individual appointed
under 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 the
represented district for not less than one (1) year. A member
described in subdivision (1) or (2) must have engaged in business as
a license broker for not less than five (5) years. Citizen members at
large shall be appointed to represent the general public, must be
residents of Indiana, and must have never been associated with the
real estate business in any way other than as a consumer.
(c) Each member of the commission shall be appointed by the
governor and shall serve a four (4) year term. If a successor has not
been appointed, the current member shall serve until a successor is
appointed and qualified. If a vacancy occurs on the commission, the
governor shall appoint an individual to serve the unexpired term of
the previous member and until a successor is appointed and qualified.
(d) A member of the commission may not hold a state or federal
elective 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 a
chairman and a vice chairman. The chairman and vice chairman shall
serve in that capacity for one (1) year and until a successor is elected.
The chairman and vice chairman may serve consecutively no more
than two (2) terms in that capacity. The chairman shall preside at all
meetings. The vice chairman shall preside at meetings in the absence
of the chairman and shall perform other duties as the chairman may
direct.
(b) The licensing agency shall provide to the commission an
executive director. The executive director may not be a member of
the commission. The executive director shall:
(1) provide reasonable notice to all commission members of the
time and place of each meeting;
(2) keep a record of all meetings, of all votes taken by the
commission, 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 the
chairman or at the written request of any seven (7) members of the
commission. The chairman shall establish the time and place of all
meetings.
(b) A majority of the current members of the commission
constitutes a quorum at a meeting for the purpose of transacting
business. A majority vote of all members present at a meeting is
necessary to bind the commission.
(c) Any action required or permitted to be taken at a meeting of
the commission may be taken without a meeting if, prior to that
action:
(1) a written consent to the action, either executed as a single
document or in counterparts, is signed by all members of the
commission; or
(2) all members orally consent to the action and subsequently
confirm that consent in writing.
The written consent or confirmation shall set forth the action
under consideration and shall be filed with the minutes of the
meetings which are kept by the executive director. A written consent
or a confirmed oral consent shall be treated for all purposes as a
unanimous vote of the members and as though the vote had taken
place 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 per
diem as provided in IC 4-10-11-2.1(b).
(b) Each member is entitled to reimbursement for traveling and
other expenses, as provided in the state travel policies and
procedures established by the department of administration and
approved by the state budget agency.
(c) The compensation and expenses of the commission members
and the expenses of the commission shall be paid out of the general
fund 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 prescribe
forms 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 with
this article, which licenses shall remain the property of the
commission;
(4) subject to IC 25-1-7, investigate complaints concerning
licensees or persons the commission has reason to believe
should be licensees, including complaints respecting failure to
comply 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 an
appropriate circuit court in order to enforce compliance with
this article or the rules;
(6) inspect the records of a licensee in accordance with rules
and standards prescribed by the commission;
(7) conduct, or designate a member or other representative to
conduct, public hearings on any matter for which a hearing is
required under this article and exercise all powers granted in
IC 4-21.5;
(8) adopt a seal containing the words "Indiana Real Estate
Commission" and, through its executive director, certify copies
and authenticate all acts of the commission;
(9) utilize counsel, consultants, and other persons who are
necessary or appropriate to administer and enforce this article
and the rules;
(10) enter into contracts and authorize expenditures that are
necessary or appropriate, subject to IC 25-1-6, to administer and
enforce this article and the rules;
(11) maintain the commission's office, files, records, and
property in the city of Indianapolis;
(12) grant, deny, suspend, and revoke approval of examinations
and courses of study as provided in IC 25-34.1-5;
(13) provide for the filing and approval of surety bonds which
are required by IC 25-34.1-5;
(14) adopt rules in accordance with IC 4-22-2 necessary for the
administration of the investigative fund established under
IC 25-34.1-8-7.5;
(15) annually adopt emergency rules under IC 4-22-2-37.1 to
adopt any or all parts of Uniform Standards of Professional
Appraisal Practice (USPAP), including the comments to the
USPAP, as published by the Appraisal Standards Board of the
Appraisal Foundation, under the authority of Title XI of the
Financial Institutions Reform, Recovery, and Enforcement Act
(12 U.S.C. 3331-3351); and
(16) exercise other specific powers conferred upon the
commission 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 standards
for the competent practice of the various occupations regulated in
this 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 investigative
fund
Sec. 7. (a) Except as provided in subsection (b), all funds
collected under this article shall, at the end of each month, be
reported to the auditor of state and deposited with the treasurer of
state for deposit in the general fund. All expenses incurred in the
administration of this article shall be paid from the general fund.
(b) The commission shall establish a fee of not more than twenty
dollars ($20) for real estate brokers and salespersons to provide
funds for the purpose of administering and enforcing the provisions
of this article, including investigating and taking enforcement action
against real estate fraud and real estate appraisal fraud. All funds
collected under this subsection shall be deposited in the investigative
fund established by IC 25-34.1-8-7.5. As added by P.L.57-2007, SEC.2.
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 congressional
district must be represented by one (1) individual appointed
under 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 the
represented district for not less than one (1) year. A member
described in subdivision (1) or (2) must have engaged in business as
a license broker for not less than five (5) years. Citizen members at
large shall be appointed to represent the general public, must be
residents of Indiana, and must have never been associated with the
real estate business in any way other than as a consumer.
(c) Each member of the commission shall be appointed by the
governor and shall serve a four (4) year term. If a successor has not
been appointed, the current member shall serve until a successor is
appointed and qualified. If a vacancy occurs on the commission, the
governor shall appoint an individual to serve the unexpired term of
the previous member and until a successor is appointed and qualified.
(d) A member of the commission may not hold a state or federal
elective 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 a
chairman and a vice chairman. The chairman and vice chairman shall
serve in that capacity for one (1) year and until a successor is elected.
The chairman and vice chairman may serve consecutively no more
than two (2) terms in that capacity. The chairman shall preside at all
meetings. The vice chairman shall preside at meetings in the absence
of the chairman and shall perform other duties as the chairman may
direct.
(b) The licensing agency shall provide to the commission an
executive director. The executive director may not be a member of
the commission. The executive director shall:
(1) provide reasonable notice to all commission members of the
time and place of each meeting;
(2) keep a record of all meetings, of all votes taken by the
commission, 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 the
chairman or at the written request of any seven (7) members of the
commission. The chairman shall establish the time and place of all
meetings.
(b) A majority of the current members of the commission
constitutes a quorum at a meeting for the purpose of transacting
business. A majority vote of all members present at a meeting is
necessary to bind the commission.
(c) Any action required or permitted to be taken at a meeting of
the commission may be taken without a meeting if, prior to that
action:
(1) a written consent to the action, either executed as a single
document or in counterparts, is signed by all members of the
commission; or
(2) all members orally consent to the action and subsequently
confirm that consent in writing.
The written consent or confirmation shall set forth the action
under consideration and shall be filed with the minutes of the
meetings which are kept by the executive director. A written consent
or a confirmed oral consent shall be treated for all purposes as a
unanimous vote of the members and as though the vote had taken
place 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 per
diem as provided in IC 4-10-11-2.1(b).
(b) Each member is entitled to reimbursement for traveling and
other expenses, as provided in the state travel policies and
procedures established by the department of administration and
approved by the state budget agency.
(c) The compensation and expenses of the commission members
and the expenses of the commission shall be paid out of the general
fund 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 prescribe
forms 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 with
this article, which licenses shall remain the property of the
commission;
(4) subject to IC 25-1-7, investigate complaints concerning
licensees or persons the commission has reason to believe
should be licensees, including complaints respecting failure to
comply 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 an
appropriate circuit court in order to enforce compliance with
this article or the rules;
(6) inspect the records of a licensee in accordance with rules
and standards prescribed by the commission;
(7) conduct, or designate a member or other representative to
conduct, public hearings on any matter for which a hearing is
required under this article and exercise all powers granted in
IC 4-21.5;
(8) adopt a seal containing the words "Indiana Real Estate
Commission" and, through its executive director, certify copies
and authenticate all acts of the commission;
(9) utilize counsel, consultants, and other persons who are
necessary or appropriate to administer and enforce this article
and the rules;
(10) enter into contracts and authorize expenditures that are
necessary or appropriate, subject to IC 25-1-6, to administer and
enforce this article and the rules;
(11) maintain the commission's office, files, records, and
property in the city of Indianapolis;
(12) grant, deny, suspend, and revoke approval of examinations
and courses of study as provided in IC 25-34.1-5;
(13) provide for the filing and approval of surety bonds which
are required by IC 25-34.1-5;
(14) adopt rules in accordance with IC 4-22-2 necessary for the
administration of the investigative fund established under
IC 25-34.1-8-7.5;
(15) annually adopt emergency rules under IC 4-22-2-37.1 to
adopt any or all parts of Uniform Standards of Professional
Appraisal Practice (USPAP), including the comments to the
USPAP, as published by the Appraisal Standards Board of the
Appraisal Foundation, under the authority of Title XI of the
Financial Institutions Reform, Recovery, and Enforcement Act
(12 U.S.C. 3331-3351); and
(16) exercise other specific powers conferred upon the
commission 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 standards
for the competent practice of the various occupations regulated in
this 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 investigative
fund
Sec. 7. (a) Except as provided in subsection (b), all funds
collected under this article shall, at the end of each month, be
reported to the auditor of state and deposited with the treasurer of
state for deposit in the general fund. All expenses incurred in the
administration of this article shall be paid from the general fund.
(b) The commission shall establish a fee of not more than twenty
dollars ($20) for real estate brokers and salespersons to provide
funds for the purpose of administering and enforcing the provisions
of this article, including investigating and taking enforcement action
against real estate fraud and real estate appraisal fraud. All funds
collected under this subsection shall be deposited in the investigative
fund established by IC 25-34.1-8-7.5. As added by P.L.57-2007, SEC.2.
