KRS 198B.704: Kentucky Board of Home Inspectors -- Members -- Removal --

Compensation -- Meetings.

(1) (a) There is hereby created an independent agency of state government to be

known as the Kentucky Board of Home Inspectors, which shall be attached to

the Department of Professional Licensing for administrative purposes. The

board shall consist of five (5) members, each appointed by the Governor.

Each board member shall serve a term of three (3) years. The board shall

annually select one (1) of its member s to serve as chair and one (1) of its

members to serve as vice chair to act in the chair's absence. The board shall

designate either a board member or a member of the board's administrative

staff to serve as secretary to the board.

(b) Any member appointed to fill a vacancy occurring other than by expiration of

a term shall be appointed for the remainder of the unexpired term.

(c) No more than three (3) members of the same political party shall serve on the

board at the same time.

(d) No member of the boar d shall reside in the same county as another member.

The members of the board shall be residents of Kentucky.

(e) 1. A majority of the board shall constitute a quorum for the transaction of

business. The affirmative vote of a majority of the members is nec essary

for the board to take official action.

2. If the chair and vice chair are absent from a meeting of the board when a

quorum exists, the members who are present may elect a presiding

officer who shall serve as acting chair until the conclusion of the

meeting or until the arrival of the chair or vice chair.

(f) No member may serve on the board for more than six (6) consecutive years. A

member may serve on the board for six (6) consecutive years on more than

one (1) occasion if that person is not a membe r of the board for at least two

(2) years between periods of board service.

(2) The five (5) members of the board shall be chosen as follows:

(a) Three (3) members shall:

1. Have been actively engaged in performing home inspections in

Kentucky for at least five (5) years immediately before the member's

appointment to the board, or have completed no less than one hundred

(100) fee-paid inspections per year over the last five (5) years; and

2. Be licensed by the board as a home inspector;

(b) One (1) member shall represent the public at large and shall not be associated

with the home inspection, home building, or real estate business other than as

a consumer; and

(c) One (1) memb er shall be a real estate professional licensed under KRS

Chapter 324 who has been actively engaged in selling, trading, exchanging,

optioning, leasing, renting, managing, or listing residential real estate in

Kentucky for at least five (5) years immediate ly before the member's

appointment to the board. This member shall be selected from a list of three

(3) names submitted to the Governor from the Kentucky Association of

Realtors. When a vacancy occurs in this member position, the Kentucky

Association of Realtors shall have sixty (60) days after the vacancy occurs to

submit a list of three (3) names to the Governor to fill the vacancy. The

Governor may reject the list of three (3) names and request that the Kentucky

Association of Realtors submit a new list of three (3) names within sixty (60)

days of the Governor's request. If the Kentucky Association of Realtors fails

to timely submit this list to the Governor, the Governor may immediately

appoint a qualified person to fill this vacancy.

(3) A board member shall be automatically removed from the board and a vacancy

shall occur when the board member:

(a) Ceases to be a resident of the Commonwealth of Kentucky;

(b) Displays incompetence, neglect of duty, or unprofessional conduct;

(c) Fails to adhere to a duly adopted code of ethics of the board. Failure to adhere

to this code shall be determined by official action of the board;

(d) Enters a plea of guilty to, or has been found guilty of, a felony and the time

for appeal has passed or the judgment of conviction has been finally affirmed

on appeal; or

(e) Misses three (3) consecutive meetings or misses more than twenty -five

percent (25%) of the meetings held over the previous twelve (12) month

period.

(4) Voting members of the board shall be compensated no more t han three hundred

dollars ($300) per day for official business, subject to an annual maximum of six

thousand dollars ($6,000). Members shall be reimbursed for all expenses paid and

incurred in the discharge of official business consistent with the reimburs ement

policy for state employees. With the approval of the director of the Division of Real

Property Boards within the Department of Professional Licensing, board members

and board staff may attend and travel to and from meetings and events relevant to

the board or the industry the board represents.

(5) The board shall meet at least quarterly each calendar year upon the call of the chair

or the written request of a majority of the members of the board.

(6) (a) 1. The chair shall establish the date, time, and place for each meeting; and

2. Submit written recommendations to the secretary of the Public

Protection Cabinet concerning staffing needs and relevant experience

necessary to assist in carrying out the mission and function of the

Division of Real Property Boards.

(b) The secretary of the Public Protection Cabinet shall:

1. Consider the staffing recommendations and requests submitted by the

chair; and

2. Provide the board with documentation showing the income and

expenditures of all license fees.