§ 33-28-105 — Creation of commission; membership; terms; removal; chairman; powers and duties; director and duties thereof; other employees; compensation; disposition of fees

Wyoming § 33-28-105

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 28: REAL ESTATE BROKERS AND SALESPERSONS
• Art. 1: GENERAL LICENSING PROVISIONS

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(a) The Wyoming real estate commission is created to
consist of five (5) commissioners, each of whom shall be a
citizen of Wyoming, appointed by the governor with the advice
and consent of the senate. Not less than three (3) or more than
four (4) of the membership shall have been engaged in business
as a licensee in Wyoming for at least five (5) years immediately
preceding appointment. No more than one (1) commissioner shall
be appointed from the same county to serve at the same time. The
term of the members of the commission shall be for three (3)
years and until their successors are appointed and qualified.
Members appointed to fill vacancies shall be appointed in
accordance with W.S. 28-12-101, and no member shall be appointed
to succeed himself for more than one (1) full term. The governor
may remove any commission member as provided in W.S. 9-1-202.
The commission at its first meeting held after September 1 of
each year shall select a chairman to serve for the following
year. The commission has the power to regulate the issuance of
licenses, to revoke or suspend licenses issued under this act,
to censure licensees and may do all things necessary and proper
to carry out the provisions of this act. The commission may,
from time to time, promulgate and amend necessary and reasonable
rules and regulations for these purposes. Appointments and terms
shall be in accordance with W.S. 28-12-101 through 28-12-103.
(b) Repealed by Laws 1983, ch. 156, § 3.
(c) The commission shall employ a director. The director
is subject to the rules and regulations of the human resources
division of the department of administration and information.
The director's salary shall be paid from the real estate
commission account specified in subsection (g) of this section.
The duties of the director shall include the following:
(i) Maintain and operate a suitable office for the
commission;
(ii) Keep books, records and accounts of all
activities of the commission;
(iii) Issue real estate responsible broker, associate
broker, salesperson and real estate company licenses;
(iv) Make investigations of complaints and possible
violations of the real estate laws and practices of licensees
and to furnish information and recommendations to the commission
for their action;
(v) Assist the commission with examinations to be
given applicants for real estate licenses, and to conduct the
examinations at the direction of the commission;
(vi) Assist the commission in holding educational
clinics or meetings when deemed advisable with the aim of
promoting higher standards of practice in the real estate
profession;
(vii) Assist the commission in promulgating rules in
compliance with the Wyoming Administrative Procedure Act, for
the operation of the commission and the implementation of this
law; and
(viii) Perform other duties as the commission
prescribes.
(d) The commission shall employ other staff members to
assist in the discharge of the duties imposed upon it by this
act and shall prescribe the duties and fix the compensation of
its staff members, subject to the rules and regulations of the
human resources division of the department of administration and
information. The office of the commission shall be maintained in
Cheyenne and all files, records and property of the commission
shall at all times remain in the Cheyenne office. No commission
staff member may be a paid employee of any real estate
association, real estate company or real estate licensee.
(e) Each member of the commission shall receive
compensation from the real estate commission account for each
day actually spent on his official duties including per diem and
mileage as provided in W.S. 33-1-302(a)(vii) and salary in the
amount provided by W.S. 28-5-101(d) for the performance of
official duties.
(f) The commission shall adopt a seal, including the words
Wyoming Real Estate Commission, Office of the Commission by
which the acts of the commission shall be authenticated. Copies
of all records and papers in the office of the commission,
certified by the signature of the director and the seal of the
commission, shall be received in evidence in all cases equally
and with like effect as the originals.
(g) All fees collected by the commission shall be
deposited in the state treasury. The state treasurer shall
deposit the fees to the credit of the real estate commission
account. Disbursements from the account shall not exceed the
monies credited to it.
(h) The presence of three (3) members of the commission
shall constitute a quorum. In the absence of the chairman, the
member of the commission present who is senior in time of
service shall serve as the presiding officer. The action of the
majority of the members of the commission shall be deemed the
action of the commission.