None of these members shall be (i) a person who is licensed under this
Act or a similar Act of another jurisdiction, (ii) the spouse or immediate family member of a licensee, or (iii) a person who has an ownership interest in a
real estate brokerage
business.
The members' terms shall be for 4 years and until a successor is appointed. No member shall be reappointed to the Board for a term that would cause the member's cumulative service to the Board to exceed 12 years.
Appointments to fill vacancies shall be for the unexpired portion of the term. Those members of the Board that satisfy the requirements of paragraph (2) shall be chosen in a manner such that no area of the State shall be unreasonably represented.
In making the appointments, the Governor shall give
due consideration
to the recommendations by members and organizations of the profession.
The Governor may terminate the appointment of any member for cause that in the
opinion of the
Governor reasonably justifies the termination. Cause for termination shall
include without limitation
misconduct, incapacity, neglect of duty, or missing 4 board meetings during any
one fiscal
year.
Each member of the Board may receive a per diem stipend in an amount to be
determined by the Secretary. While engaged in the performance of duties, each member shall be reimbursed for necessary expenses. Such compensation and expenses shall be paid
out of the Real Estate
License Administration Fund.
The Secretary shall consider the recommendations of the Board on questions
involving
standards of professional conduct, discipline, education, and policies and procedures
under this Act. With regard to this subject matter, the Secretary may establish temporary or permanent committees of the Board and may consider the recommendations of the Board on matters that include, but are not limited to, criteria for the licensing and renewal of education providers, pre-license and continuing education instructors, pre-license and continuing education curricula, standards of educational criteria, and qualifications for licensure and renewal of professions, courses, and instructors. The Department, after notifying and considering the recommendations of the Board, if any,
may issue rules,
consistent with the provisions of this Act, for the administration and
enforcement thereof and may
prescribe forms that shall be used in connection therewith. Eight Board members shall constitute a quorum. A quorum is required for all Board decisions. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of the Board.
The Board shall elect annually, at its first meeting of the fiscal year, a vice chairperson who shall preside, with voting privileges, at meetings when the chairperson is not present. Members of the Board shall be immune from suit in an action based upon any disciplinary proceedings or other acts performed in good faith as members of the Board.
(Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24 .)
|