§ 5-20.5-12 - Commission – Creation – Composition – Appointment, terms, and compensation of members – Officers – Deputy directors – Seal.
SECTION 5-20.5-12
§ 5-20.5-12 Commission – Creation– Composition – Appointment, terms, and compensation of members– Officers – Deputy directors – Seal. – (a) Within the department of business regulation there is created the RhodeIsland real estate commission, subsequently referred to as "commission", toconsist of nine (9) persons at least one from each county to be appointed bythe governor, each of whom has been a citizen of this state for at least ten(10) years prior to the date of appointment, three (3) of whom have beenengaged as a licensed broker in this state for at least ten (10) years prior tothe date of appointment, four (4) of whom are members of the general public, atleast one of whom has substantial academic experience in real estate and atleast one who has been active in citizen groups concerned with real estatepractices and activities. Two (2) members appointed for one year; two (2)members shall be appointed for two (2) years; one member for three (3) years;one member for four (4) years; and one member for five (5) years; beginning onDecember 31, 1973. Successors of all members shall be appointed by the governorfor terms of five (5) years each and until their successors are appointed andqualify by subscribing to the constitutional oath of office, which shall befiled with the secretary of state. Members to fill vacancies shall be appointedfor the unexpired term. No member shall be appointed to succeed himself orherself for more than one full term. There are two (2) ex-officio members ofthe commission and they are the attorney general or his or her designee and thedirector of the department or his or her designee. All ex-officio members havefull voting powers and serve without compensation. Upon qualification of themembers appointed, the commission shall organize by selecting from its membersa chairperson.
(2) The commission shall adopt reasonable rules andregulations to carry out its purposes. The division of professional regulationwith the assistance of the commission shall implement a recertification programon or before January 1, 1982, and establish any reasonable rules andregulations that are appropriate for that program to insure that education andpractice requirements of license holders meet the public interest.
(b) The director shall employ a deputy director and any otheremployees that he or she deems necessary and proper to discharge the dutiesimposed by this chapter, and shall determine and prescribe their duties and fixtheir compensation, subject to the general laws of the state.
(c) No member of the commission shall receive compensationfor his or her official duties but shall be reimbursed for his or her actualand necessary expenses incurred in the performance of his or her officialduties.
(d) The commission shall adopt a seal of any design that itprescribes. Copies of all records and papers in the office of the commission,duly certified and authenticated by its seal, shall be received in evidence inall courts with like effect as the original. All records of the commission areopen to public inspection under any reasonable rules and regulations that itprescribes.
(e) The commission shall have a policy-making role in thepreparation and composition of the examinations to be administered by thedivision of professional regulation. Subsequent to the administration of theexamination, the commission shall review the examinations to evaluate theireffectiveness. The commission shall supervise the operations of the division inan advisory capacity in promulgating any policy that is necessary to improvethe operations of the division in their areas of expertise. The promulgation ofthat policy is subject to the approval of the director of the department ofbusiness regulation.