§ 2903 — Real Estate Commission; appointments; qualifications; terms of office; vacancies; suspension or removal; unexcused absences; compensation

Delaware § 2903

• Jurisdiction: Delaware
• Title: 24
• Ch. 29: REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS
• Subch.: General Provisions

Text

(a) There is created the Delaware Real Estate Commission, which shall administer and enforce this chapter.

(b) The Commission shall consist of 9 members appointed by the Governor: 5 professional members, 3 of whom shall be licensed brokers, 1 associate broker, and 1 salesperson; and 4 public members. All members shall have been residents of the State for at least 5 years immediately prior to such appointment.

(1) Three of the professional members shall be brokers: 1 shall be a resident of New Castle County; 1 shall be a resident of Kent County; and 1 shall be a resident of Sussex County. Broker members of the Commission shall have been active licensees for at least 5 years immediately prior to their appointment.

(2) One of the professional members shall be an associate broker. The associate broker member shall have been an active licensee for at least 5 years immediately prior to that associate broker’s appointment.

(3) One of the professional members shall be a salesperson. The salesperson member shall have been an active licensee for at least 4 years immediately prior to that salesperson’s appointment.

(4) Of the 4 public members, 1 public member shall be from each county and 1 public member shall be from the City of Wilmington. To serve on the Commission, a public member shall not be, nor have been within the last 8 years prior to the effective date of appointment, a licensee, nor a member of the immediate family of a licensee; shall not be, nor have been with the last 8 years prior to the effective date of appointment, employed by a broker or brokerage organization; shall not have had a financial interest in the providing of goods and services to a licensee; and shall not be, nor have been within the last 8 years prior to the effective date of appointment, engaged in an activity directly related to providing real estate services.

(c) Each member shall serve for a term of 3 years, unless otherwise specified in this chapter; and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Commission shall hold office for the remainder of the unexpired term of the former member.

(d) No member, while serving on the Commission, shall be a president, president-elect, vice-president, secretary, treasurer, director or other elected official of a professional association for real estate service providers.

(e) Any act or vote by a member appointed in violation of subsection (b) of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (b) of this section, unless such amendment or revision amends this section to permit such an appointment.

(f) A member of the Commission shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetence or neglect of duty or for unprofessional or dishonorable conduct. A member subject to disciplinary hearing shall be disqualified from Commission business until the charge is adjudicated or the matter is otherwise concluded. A Commission member may appeal any suspension or removal to the Superior Court.

(g) Any member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least1/2of all regular business meetings during any calendar year shall be guilty of neglect of duty.

(h) The provisions set forth for “employees” in Chapter 58 of Title 29 shall apply to all members of the Commission and to all agents appointed, or otherwise employed by the Commission.

(i) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.

Legislative History

35 Del. Laws, c. 63, § 1 ; Code 1935, § 5473; 24 Del. C. 1953, § 2902; 57 Del. Laws, c. 151 ; 60 Del. Laws, c. 714, § 1 ; 63 Del. Laws, c. 463, §§ 1-4 ; 67 Del. Laws, c. 366, § 11 ; 67 Del. Laws, c. 368, § 18 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 603, §§ 1-6 ; 78 Del. Laws, c. 166, § 1 ; 81 Del. Laws, c. 85, § 15