N.Y. Real Property Law § 442-i: State real estate board

§ 442-i. State real estate board. 1. There is hereby established

within the department of state a state real estate board which shall

consist of the secretary of state, superintendent of financial services,

and thirteen additional members. At least five of these members shall be

"real estate brokers", each of whom, at the time of appointment, shall

be licensed and qualified as a real estate broker under the laws of New

York state and shall have been engaged in the real estate business in

this state for a period of not less than ten years prior to appointment.

The remaining members shall be "public members" who shall not be real

estate licensees.

2. The thirteen members shall be appointed as follows: seven members

shall be appointed by the governor, three of whom shall be real estate

brokers and four of whom shall be public members; two members shall be

appointed by the temporary president of the senate, one of whom shall be

a real estate broker and one of whom shall be a public member; two

members shall be appointed by the speaker of the assembly, one of whom

shall be a real estate broker and one of whom shall be a public member;

one member shall be appointed by the minority leader of the senate, who

shall be either a real estate broker or a public member; and one member

shall be appointed by the minority leader of the assembly, who shall be

either a real estate broker or a public member.

3. Each appointed member shall serve for a term of two years; at any

point during such term the appointed member may be removed by the person

who appointed such member. In the event that any of said members shall

die or resign during the term of office, the successor shall be

appointed in the same way and with the same qualifications as set forth

above. A member may be reappointed for successive terms but no member

shall serve more than ten years in his or her lifetime.

4. A majority of members currently serving on the board shall be

required in order to pass any resolution or to approve any matter before

the board. The secretary of state shall be chairperson of the board. The

vice-chairperson and a secretary shall be elected from among the

members. A board member who fails to attend three consecutive meetings

shall forfeit the seat unless the secretary of state, upon written

request from the member, finds that the member should have been excused

from a meeting because of illness or death of a family member.

5. Each member of the board shall receive no compensation other than

reimbursement for actual and necessary expenses.

6. The board shall meet no fewer than three times per year and at the

call of the secretary of state or a majority of the board. In addition

to regularly scheduled meetings of the board, there shall be at least

one public hearing each year in New York city, one public hearing each

year in Buffalo, and one public hearing each year in Albany. At least

fifteen days prior to the holding of any of these public hearings

pursuant to this subdivision, the board shall give public notice of the

hearing in a newspaper of general circulation in each area where the

public meeting is to be held. The purpose of these hearings shall be to

solicit from members of the public, suggestions, comments, and

observations about real estate practice in New York state.