Commission, created--members, qualifications, terms,compensation--powers and duties--rulemaking authority, procedure.
339.120. 1. There is hereby created the "Missouri Real EstateCommission", to consist of seven persons, citizens of the United States andresidents of this state for at least one year prior to their appointment,for the purpose of carrying out and enforcing the provisions of sections339.010 to 339.180 and sections 339.710 to 339.860*. The commission shallbe appointed by the governor with the advice and consent of the senate.All members, except one voting public member, of the commission must havehad at least ten years' experience as a real estate broker prior to theirappointment. The terms of the members of the commission shall be for fiveyears, and until their successors are appointed and qualified. Members tofill vacancies shall be appointed by the governor for the unexpired term.The president of the Missouri Association of Realtors in office at the timeshall, at least ninety days prior to the expiration of the term of theboard member, other than the public member, or as soon as feasible afterthe vacancy on the board otherwise occurs, submit to the director of thedivision of professional registration a list of five realtors qualified andwilling to fill the vacancy in question, with the request andrecommendation that the governor appoint one of the five persons so listed,and with the list so submitted, the president of the Missouri Associationof Realtors shall include in his or her letter of transmittal a descriptionof the method by which the names were chosen by that association. Thecommission shall organize annually by selecting from its members achairman. The commission may do all things necessary and convenient forcarrying into effect the provisions of sections 339.010 to 339.180 andsections 339.710 to 339.860*, and may promulgate necessary rules compatiblewith the provisions of sections 339.010 to 339.180 and sections 339.710 to339.860*. Each member of the commission shall receive as compensation anamount set by the commission not to exceed seventy-five dollars for eachday devoted to the affairs of the commission, and shall be entitled toreimbursement of his or her expenses necessarily incurred in the dischargeof his or her official duties. The governor may remove any commissionerfor cause.
2. The public member shall be at the time of his or her appointment acitizen of the United States; a resident of this state for a period of oneyear and a registered voter; a person who is not and never was a member ofany profession licensed or regulated pursuant to sections 339.010 to339.180 and sections 339.710 to 339.860* or the spouse of such person; anda person who does not have and never has had a material, financial interestin either the providing of the professional services regulated by sections339.010 to 339.180 and sections 339.710 to 339.860*, or an activity ororganization directly related to any profession licensed or regulatedpursuant to sections 339.010 to 339.180 and sections 339.710 to 339.860*.All members, including public members, shall be chosen from lists submittedby the director of the division of professional registration. The dutiesof the public member shall not include the determination of the technicalrequirements to be met for licensure or whether any person meets suchtechnical requirements or of the technical competence or technical judgmentof a licensee or a candidate for licensure.
3. The commission shall employ such board personnel, as defined insubdivision (4) of subsection 10 of section 324.001, RSMo, as it shall deemnecessary to discharge the duties imposed by the provisions of sections339.010 to 339.180 and sections 339.710 to 339.860*.
4. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections339.010 to 339.180 and sections 339.710 to 339.860* shall become effectiveonly if it complies with and is subject to all of the provisions of chapter536, RSMo, and, if applicable, section 536.028, RSMo. All rulemakingauthority delegated prior to August 28, 1999, is of no force and effect andrepealed. Nothing in this section shall be interpreted to repeal or affectthe validity of any rule filed or adopted prior to August 28, 1999, if itfully complied with all applicable provisions of law. This section andchapter 536, RSMo, are nonseverable and if any of the powers vested withthe general assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 1999, shall be invalid and void.
Commission, created--members, qualifications, terms,compensation--powers and duties--rulemaking authority, procedure.
339.120. 1. There is hereby created the "Missouri Real EstateCommission", to consist of seven persons, citizens of the United States andresidents of this state for at least one year prior to their appointment,for the purpose of carrying out and enforcing the provisions of sections339.010 to 339.180 and sections 339.710 to 339.860*. The commission shallbe appointed by the governor with the advice and consent of the senate.All members, except one voting public member, of the commission must havehad at least ten years' experience as a real estate broker prior to theirappointment. The terms of the members of the commission shall be for fiveyears, and until their successors are appointed and qualified. Members tofill vacancies shall be appointed by the governor for the unexpired term.The president of the Missouri Association of Realtors in office at the timeshall, at least ninety days prior to the expiration of the term of theboard member, other than the public member, or as soon as feasible afterthe vacancy on the board otherwise occurs, submit to the director of thedivision of professional registration a list of five realtors qualified andwilling to fill the vacancy in question, with the request andrecommendation that the governor appoint one of the five persons so listed,and with the list so submitted, the president of the Missouri Associationof Realtors shall include in his or her letter of transmittal a descriptionof the method by which the names were chosen by that association. Thecommission shall organize annually by selecting from its members achairman. The commission may do all things necessary and convenient forcarrying into effect the provisions of sections 339.010 to 339.180 andsections 339.710 to 339.860*, and may promulgate necessary rules compatiblewith the provisions of sections 339.010 to 339.180 and sections 339.710 to339.860*. Each member of the commission shall receive as compensation anamount set by the commission not to exceed seventy-five dollars for eachday devoted to the affairs of the commission, and shall be entitled toreimbursement of his or her expenses necessarily incurred in the dischargeof his or her official duties. The governor may remove any commissionerfor cause.
2. The public member shall be at the time of his or her appointment acitizen of the United States; a resident of this state for a period of oneyear and a registered voter; a person who is not and never was a member ofany profession licensed or regulated pursuant to sections 339.010 to339.180 and sections 339.710 to 339.860* or the spouse of such person; anda person who does not have and never has had a material, financial interestin either the providing of the professional services regulated by sections339.010 to 339.180 and sections 339.710 to 339.860*, or an activity ororganization directly related to any profession licensed or regulatedpursuant to sections 339.010 to 339.180 and sections 339.710 to 339.860*.All members, including public members, shall be chosen from lists submittedby the director of the division of professional registration. The dutiesof the public member shall not include the determination of the technicalrequirements to be met for licensure or whether any person meets suchtechnical requirements or of the technical competence or technical judgmentof a licensee or a candidate for licensure.
3. The commission shall employ such board personnel, as defined insubdivision (4) of subsection 10 of section 324.001, RSMo, as it shall deemnecessary to discharge the duties imposed by the provisions of sections339.010 to 339.180 and sections 339.710 to 339.860*.
4. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections339.010 to 339.180 and sections 339.710 to 339.860* shall become effectiveonly if it complies with and is subject to all of the provisions of chapter536, RSMo, and, if applicable, section 536.028, RSMo. All rulemakingauthority delegated prior to August 28, 1999, is of no force and effect andrepealed. Nothing in this section shall be interpreted to repeal or affectthe validity of any rule filed or adopted prior to August 28, 1999, if itfully complied with all applicable provisions of law. This section andchapter 536, RSMo, are nonseverable and if any of the powers vested withthe general assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 1999, shall be invalid and void.
Commission, created--members, qualifications, terms,compensation--powers and duties--rulemaking authority, procedure.
339.120. 1. There is hereby created the "Missouri Real EstateCommission", to consist of seven persons, citizens of the United States andresidents of this state for at least one year prior to their appointment,for the purpose of carrying out and enforcing the provisions of sections339.010 to 339.180 and sections 339.710 to 339.860*. The commission shallbe appointed by the governor with the advice and consent of the senate.All members, except one voting public member, of the commission must havehad at least ten years' experience as a real estate broker prior to theirappointment. The terms of the members of the commission shall be for fiveyears, and until their successors are appointed and qualified. Members tofill vacancies shall be appointed by the governor for the unexpired term.The president of the Missouri Association of Realtors in office at the timeshall, at least ninety days prior to the expiration of the term of theboard member, other than the public member, or as soon as feasible afterthe vacancy on the board otherwise occurs, submit to the director of thedivision of professional registration a list of five realtors qualified andwilling to fill the vacancy in question, with the request andrecommendation that the governor appoint one of the five persons so listed,and with the list so submitted, the president of the Missouri Associationof Realtors shall include in his or her letter of transmittal a descriptionof the method by which the names were chosen by that association. Thecommission shall organize annually by selecting from its members achairman. The commission may do all things necessary and convenient forcarrying into effect the provisions of sections 339.010 to 339.180 andsections 339.710 to 339.860*, and may promulgate necessary rules compatiblewith the provisions of sections 339.010 to 339.180 and sections 339.710 to339.860*. Each member of the commission shall receive as compensation anamount set by the commission not to exceed seventy-five dollars for eachday devoted to the affairs of the commission, and shall be entitled toreimbursement of his or her expenses necessarily incurred in the dischargeof his or her official duties. The governor may remove any commissionerfor cause.
2. The public member shall be at the time of his or her appointment acitizen of the United States; a resident of this state for a period of oneyear and a registered voter; a person who is not and never was a member ofany profession licensed or regulated pursuant to sections 339.010 to339.180 and sections 339.710 to 339.860* or the spouse of such person; anda person who does not have and never has had a material, financial interestin either the providing of the professional services regulated by sections339.010 to 339.180 and sections 339.710 to 339.860*, or an activity ororganization directly related to any profession licensed or regulatedpursuant to sections 339.010 to 339.180 and sections 339.710 to 339.860*.All members, including public members, shall be chosen from lists submittedby the director of the division of professional registration. The dutiesof the public member shall not include the determination of the technicalrequirements to be met for licensure or whether any person meets suchtechnical requirements or of the technical competence or technical judgmentof a licensee or a candidate for licensure.
3. The commission shall employ such board personnel, as defined insubdivision (4) of subsection 10 of section 324.001, RSMo, as it shall deemnecessary to discharge the duties imposed by the provisions of sections339.010 to 339.180 and sections 339.710 to 339.860*.
4. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections339.010 to 339.180 and sections 339.710 to 339.860* shall become effectiveonly if it complies with and is subject to all of the provisions of chapter536, RSMo, and, if applicable, section 536.028, RSMo. All rulemakingauthority delegated prior to August 28, 1999, is of no force and effect andrepealed. Nothing in this section shall be interpreted to repeal or affectthe validity of any rule filed or adopted prior to August 28, 1999, if itfully complied with all applicable provisions of law. This section andchapter 536, RSMo, are nonseverable and if any of the powers vested withthe general assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 1999, shall be invalid and void.
