State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_93A > GS_93A-3

§ 93A‑3.  Commissioncreated; compensation; organization.

(a)        There is herebycreated the North Carolina Real Estate Commission, hereinafter called theCommission. The Commission shall consist of nine members, seven members to beappointed by the Governor, one member to be appointed by the General Assemblyupon the recommendation of the President Pro Tempore of the Senate inaccordance with G.S. 120‑121, and one member to be appointed by theGeneral Assembly upon the recommendation of the Speaker of the House ofRepresentatives in accordance with G.S. 120‑121. At least three membersof the Commission shall be licensed real estate brokers. At least two membersof the Commission shall be persons who are not involved directly or indirectlyin the real estate or real estate appraisal business. Members of the Commissionshall serve three‑year terms, so staggered that the terms of threemembers expire in one year, the terms of three members expire in the next year,and the terms of three members expire in the third year of each three‑yearperiod. The members of the Commission shall elect one of their members to serveas chairman of the Commission for a term of one year. The Governor may removeany member of the Commission for misconduct, incompetency, or willful neglectof duty. The Governor shall have the power to fill all vacancies occurring onthe Commission, except vacancies in legislative appointments shall be filledunder G.S. 120‑122.

(b)        The provisions ofG.S. 93B‑5 notwithstanding, members of the Commission shall receive ascompensation for each day spent on work for the Commission a per diem in anamount established by the Commission by rule, and mileage reimbursement fortransportation by privately owned automobile at the business standard mileagerate set by the Internal Revenue Service per mile of travel along with actualcost of tolls paid. The total expense of the administration of this Chaptershall not exceed the total income therefrom; and none of the expenses of saidCommission or the compensation or expenses of any office thereof or anyemployee shall ever be paid or payable out of the treasury of the State ofNorth Carolina; and neither the Commission nor any officer or employee thereofshall have any power or authority to make or incur any expense, debt or otherfinancial obligation binding upon the State of North Carolina. After allexpenses of operation, the Commission may set aside an expense reserve eachyear. The Commission may deposit moneys in accounts, certificates of deposit,or time deposits as the Commission may approve, in any bank, savings and loanassociation, or trust company. Moneys also may be invested in the same classesof securities referenced in G.S. 159‑30(c).

(c)        The Commissionshall have power to make reasonable bylaws, rules and regulations that are notinconsistent with the provisions of this Chapter and the General Statutes;provided, however, the Commission shall not make rules or regulationsregulating commissions, salaries, or fees to be charged by licensees under thisChapter.

(c1)      The provisions ofG.S. 93A‑1 and G.S. 93A‑2 notwithstanding, the Commission may adoptrules to permit a real estate broker to pay a fee or other valuableconsideration to a travel agent for the introduction or procurement of tenantsor potential tenants in vacation rentals as defined in G.S. 42A‑4. Rulesadopted pursuant to this subsection may include a definition of the term"travel agent", may regulate the conduct of permitted transactions,and may limit the amount of the fee or the value of the consideration that maybe paid to the travel agent. However, the Commission may not authorize a personor entity not licensed as a broker to negotiate any real estate transaction onbehalf of another.

(c2)      The Commission shalladopt a seal for its use, which shall bear thereon the words "NorthCarolina Real Estate Commission." Copies of all records and papers in theoffice of the Commission duly certified and authenticated by the seal of theCommission shall be received in evidence in all courts and with like effect asthe originals.

(d)        The Commission mayemploy an Executive Director and professional and clerical staff as may benecessary to carry out the provisions of this Chapter and to put into effectthe rules and regulations that the Commission may promulgate. The Commissionshall fix salaries and shall require employees to make good and sufficientsurety bond for the faithful performance of their duties. The Commission shallreimburse its employees for travel on official business. Mileage expenses fortransportation by privately owned automobile shall be reimbursed at thebusiness standard mileage set by the Internal Revenue Service per mile oftravel along with the actual tolls paid. Other travel expenses shall bereimbursed in accordance with G.S. 138‑6. The Commission may, when itdeems it necessary or convenient, delegate to the Executive Director, legalcounsel for the Commission, or other Commission staff, professional orclerical, the Commission's authority and duties under this Chapter, but theCommission may not delegate its authority to make rules or its duty to act as ahearing panel in accordance with the provisions of G.S. 150B‑40(b).

(e)        The Commissionshall be entitled to the services of the Attorney General of North Carolina, inconnection with the affairs of the Commission or may on approval of theAttorney General, employ an attorney to assist or represent it in theenforcement of this Chapter, as to specific matters, but the fee paid for suchservice shall be approved by the Attorney General. The Commission may prefer acomplaint for violation of this Chapter before any court of competentjurisdiction, and it may take the necessary legal steps through the properlegal offices of the State to enforce the provisions of this Chapter and collectthe penalties provided therein.

(f)         The Commission isauthorized to acquire, hold, convey, rent, encumber, alienate, and otherwisedeal with real property in the same manner as a private person or corporation,subject only to the approval of the Governor and Council of State. The rents,proceeds, and other revenues and benefits of the ownership of real propertyshall inure to the Commission. Collateral pledged by the Commission for anyencumbrance of real property shall be limited to the assets, income, andrevenues of the Commission. Leases, deeds, and other instruments relating tothe Commission's interest in real property shall be valid when executed by theexecutive director of the Commission. The Commission may create and conducteducation and information programs relating to the real estate business for theinformation, education, guidance and protection of the general public,licensees, and applicants for license. The education and information programsmay include preparation, printing and distribution of publications and articlesand the conduct of conferences, seminars, and lectures. The Commission mayclaim the copyright to written materials it creates and may charge fees forpublications and programs. (1957, c. 744, s. 3; 1967, c. 281, s. 2; c. 853, s. 1;1971, c. 86, s. 1; 1979, c. 616, ss. 1, 2; 1983, c. 81, ss. 1, 2, 6‑8;1989, c. 563, s. 1; 1993, c. 419, s. 9; 1999‑229, s. 4; 1999‑405,s. 2; 1999‑431, s. 3.4(a); 2000‑140, s. 19(a); 2001‑293, ss.1, 2; 2002‑168, s. 3; 2005‑374, s. 1; 2005‑395, s. 4; 2007‑366,s. 1.)