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This entry was published on 2014-09-22
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SECTION 442-I
State real estate board
Real Property (RPP) CHAPTER 50, ARTICLE 12-A
§ 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.