KRS 309.432: Creation of Kentucky Board of Radon Safety -- Qualifications of members

-- Terms -- Vacancies -- Quorum -- Officers -- Immunity -- Reimbursements.

(1) The Kentucky Board of Radon Safety is hereby created and shall be attached to the

Department of Professional Licensing in the Public Protection Cabinet for

administrative purposes. Each member of the board shall be a citizen and resident of

the Commonwealth of Kentucky. The board shall consist of seven (7) members as

follows:

(a) Four (4) member s shall be either a radon measurement contractor, a radon

mitigation contractor, or a person associated with a radon laboratory

conducting laboratory analysis and shall be appointed by the Governor from a

list of six (6) names submitted to the Governor by the Kentucky Association

of Radon Professionals;

(b) One (1) nonvoting member shall be a representative of the home building

industry and shall be appointed by the Governor from a list of three (3) names

submitted to the Governor by the Home Builders Association of Kentucky;

(c) One (1) nonvoting member shall be a real estate salesperson or broker

licensed under KRS Chapter 324 and shall be appointed by the Governor from

a list of three (3) names submitted to the Governor by the Kentucky

Association of Realtors; and

(d) One (1) member shall be a representative of a public health organization and

shall be appointed by the Governor from a list of three (3) names submitted to

the Governor by the Kentucky Cancer Consortium.

(2) (a) To be eligible for initial app ointment as a member of the board under

subsection (1)(a) of this section, a person shall have been actively engaged in

the practice of radon measurement, mitigation, or laboratory analysis for not

less than three (3) years immediately preceding the date o f appointment to the

board.

(b) Upon expiration of the initial appointments, to be eligible for appointment as

a member of the board under subsection (1)(a) of this section, a person shall

have been actively engaged in the practice of radon measurement, mi tigation,

or laboratory analysis for not less than three (3) years immediately preceding

the date of the appointment to the board and hold a valid certification as a

radon measurement contractor or radon mitigation contractor, or be associated

with a radon laboratory with a valid certification.

(3) The Governor shall initially appoint two (2) members for a term of four (4) years,

two (2) members for a term of three (3) years, and one (1) member for a term of two

(2) years. All appointments shall expire on J une 30 of the last year of the terms.

Thereafter, members shall be appointed for terms of four (4) years. Members shall

serve until their successors are appointed.

(4) Upon recommendation of the board, the Governor may remove any member of the

board appointed by the Governor for poor attendance, neglect of duty, misfeasance,

or malfeasance in office.

(5) Vacancies in the membership of the board for any cause shall be filled by

appointment by the Governor for the balance of the unexpired term.

(6) A majority of the voting board members shall constitute a quorum to do business.

The board shall meet at least once each calendar year or at other times deemed

necessary by the chairperson or a quorum of the board upon being given a minimum

of ten (10) days' notice at a location designated by the chairperson or a quorum of

the board.

(7) The board shall elect a chairperson and a vice chairperson. The chairperson shall

preside at all meetings at which the chairperson is present. The vice chairperson

shall preside at all meetings in the absence of the chairperson.

(8) If the chairperson and vice chairperson 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 chairperson until the conclusion of the meeting or until the

arrival of the chairperson or vice chairperson.

(9) Members of the board shall be immune from suit for any discretionary act

performed by them in good faith.

(10) Each member of the board shall be reimbursed for costs for actual travel and for

incidental, clerical, and all other actual and necessary expenses incurred in the

discharge of official duties associated with the board, as prescribed by the board

through the promulgation of an administrative regulation.