831 KAR | Title 831 KAR — Public Protection Cabinet - Kentucky Real Estate Authority

Chapter 1 Board of Auctioneers

831 KAR 1:010 Licensing fees and applications {#sec-831-kar-1-010 omnilex-key=us-ky-regs-official--title-831--831 KAR 1:010}

Section 1. Licensure Fees.

(1)

(a) The initial license fee for each new applicant with the Kentucky Board of Auctioneers shall be $125. Payment of the fee shall accompany the Auctioneer License Application, KBA-1.

(b) An applicant for an initial license shall submit with his or her Auctioneer License Application, KBA-1, a national background check that was completed by the Federal Bureau of Investigation within the sixty (60) days preceding submission of the application.

(2)

(a) The license renewal fee shall be $125. A late fee of $125 shall be added to the renewal fee during the six (6) month grace period following the expiration date of the license.

(b) A licensee shall use the online License Renewal System offered by the board at https://auctioneers.ky.gov/Pages/default.aspx.

(c) If a licensee is unable to use the online procedure, he or she shall submit a completed paper copy of the License Renewal Form, KBA-7 to the Kentucky Board of Auctioneers.

(3)

(a) The examination fee for each applicant shall be $125. Payment of the fee shall accompany the Auctioneer License Examination Application, KBA-2.

(b) An applicant for an initial license shall also attach a current two (2) inch by two (2) inch passport quality photo to the completed Auctioneer License Examination Application, KBA-2.

(4)

(a) The licensing fee for a reciprocal applicant shall be determined pursuant to KRS 330.095(1)(c). Payment of the fee shall accompany the Auctioneer License Application, KBA-1.

(b) An applicant for a reciprocal license shall submit with his or her Auctioneer License Application, KBA-1 a national background check that was completed by the Federal Bureau of Investigation within the sixty (60) days preceding submission of the application.

Attach a current two (2) inch by two (2) inch passport quality photo to the completed Auctioneer License Application, KBA-1; and
Submit a letter of good standing from at least one (1) jurisdiction where the applicant holds a license subject to a present reciprocal agreement between that jurisdiction and the board.

Section 2. Late Continuing Education Completion Fee.

(1) A licensee who has failed to complete the required continuing education credits on or before May 31 of each license year shall remit a fee of $300 to remain active.

(2) A licensee who remits the fee prescribed in subsection (1) of this section shall be prevented from renewing his or her license in the following license year unless he or she completes the delinquent education prior to the renewal period.

(3) Nothing in this Section shall alleviate a licensee's obligation to complete the continuing education required for each license year.

Section 3. Replacement Fee. The fee for replacement of a license or a pocket license shall be fifteen (15) dollars.

Section 4. Reactivation Fees.

(1) To reactivate a license that has previously been placed in escrow status, a licensee shall pay:

(a) A reactivation fee of $125; and

(b) The recovery fee of thirty (30) dollars.

(c) The reactivation fee shall not apply to any individual seeking to reactivate a license within ninety (90) days following a period of active duty military service. If the individual has been discharged from military service, this exception shall only apply if the individual was honorably discharged.

(2) The licensee shall complete the board's core course within six (6) months prior to requesting to reactivate a license that is currently in escrow and submit proof of the same with the completed License Status and Information Update Form, KBA-3.

(3) A licensee seeking to reactivate his or her license shall submit a national background check that was completed by the Federal Bureau of Investigation within the sixty (60) days preceding submission of the application with the completed License Status and Information Update Form, KBA-3.

Section 5. Change of Address and License Verification Fees.

(1) The fee for a change of address shall be fifteen (15) dollars.

(2) The fee for a change of principal shall be fifteen (15) dollars.

(3) There shall be no fee for the following changes:

(a) Placing license into escrow; and

(b) Change of name.

(4) The fee for a duplicate license shall be fifteen (15) dollars.

(5) The fee for a letter of good standing shall be five (5) dollars. Upon request, the board shall provide documentation directly to the auctioneer licensing authority in another jurisdiction.

(6) Change and license verification requests shall be submitted on the License Status and Information Update Form, KBA-3.

Section 6. Recovery Fees. The following fees shall be assessed for the auctioneer's education, research, and recovery fund established by KRS 330.192:

(1) The recovery fee for each license application shall be thirty (30) dollars, which shall be waived for a principal auctioneer if the licensee has already paid the recovery fee for another license in the current license year; and

(2) The recovery fee for each license shall be thirty (30) dollars per year.

Section 7. Non-refundable Fees. All fees established by this administrative regulation shall be non-refundable.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Auctioneer License Application", KBA-1, May 2019;

(b) "Auctioneer License Examination Application", KBA-2, May 2019;

(d) "License Renewal Form", KBA-7, May 2019.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Auctioneers, 656 Chamberlin Avenue, Suite B, Frankfort, Kentucky 40601 Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 330.050(6), 330.060, 330.070, 330.095, 330.192
STATUTORY AUTHORITY: KRS 330.050(8), 330.060(3)(b), 330.070, 330.192
NECESSITY, FUNCTION, AND CONFORMITY: KRS 330.050(8) authorizes the Board of Auctioneers to promulgate administrative regulations with the approval of the executive director of the Kentucky Real Estate Authority in accordance with KRS Chapter 13A as required to fulfill the duties and functions assigned to the board by KRS Chapter 330. KRS 330.060(3)(b) requires the board to establish an examination fee by administrative regulation. KRS 330.070 requires the board to promulgate administrative regulations concerning license fees and replacement fees and authorizes the board to establish fees for deferral of continuing education or a change of address. KRS 330.192 authorizes the board to promulgate administrative regulations concerning the auctioneer's education, research, and recovery fund. This administrative regulation establishes fees associated with acquiring and maintaining auctioneer licenses.
History: 37 Ky.R. 3021; 38 Ky.R. 737; eff. 11-04-2011; 40 Ky.R. 2326; 2678; eff. 7-7-2014; 44 Ky.R. 2546, 2705; 45 Ky.R. 327; eff. 8-24-2018; Recodified from 201 KAR 3:090, 10-12-2018; 45 Ky.R. 3546; 46 Ky.R. 436; eff. 9-6-2019; Crt to Am 5-20-2026; Am due 11-20-2027.

831 KAR 1:020 Standards of conduct and complaints {#sec-831-kar-1-020 omnilex-key=us-ky-regs-official--title-831--831 KAR 1:020}

Section 1. Personal Property Auction Proceeds.

(1) Proceeds due from the sale of personal property shall be disbursed to the seller no later than thirty (30) days after the date of each auction. If the seller's personal property is not sold in a single auction, proceeds from the sale shall be disbursed to the seller no later than thirty (30) days after the auction at which such personal property was sold. Notice shall be given to the seller of the tentative date of auction of the remaining personal property.

(2) Proceeds of a personal property auction not disbursed to the seller on auction day shall be deposited in an auction escrow account by the auctioneer or auction firm no later than three (3) banking days following the date of auction or sale of the personal property, whichever occurs first.

Section 2. Real Property Auction Proceeds.

(1) If an auction consisted of both personal property and real property for the same seller, the proceeds due from the sale of the personal property may be disbursed to the seller in conjunction with the real property closing and settlement if the real property closing and settlement occurs within sixty (60) days following the date it was auctioned.

(2) Proceeds from a real estate auction shall be held in escrow until settlement in accordance with the agreement of sale.

Section 3. Auctioneer Escrow Accounts.

(1) Auctioneers and auction firms shall use federally insured depositories in the Commonwealth of Kentucky.

(2) The auction escrow account or accounts shall be separate from any individual or office account and used solely for the preservation and guarantee of money belonging to others consisting of auction proceeds and real property contract deposits.

(3) Funds for any other purpose shall not be commingled with the auction escrow account.

(4) Escrow funds shall only be disbursed at settlement or withdrawn by agreement in writing by all parties, by an order of a court of competent jurisdiction or, in the case of real property contract deposits held by a broker, in accordance with KRS Chapter 324 and 201 KAR Chapter 11.

(5) Moneys due to the auctioneer or auction firm shall not be withdrawn from the auction escrow account until final settlement is made with the seller.

Section 4. Complaints and Discipline.

(1) A licensee shall comply with all applicable provisions of KRS Chapter 330 and 831 KAR Chapter 1.

(2) Failure to comply shall subject a licensee to discipline in an administrative action.

(3) A complaint against a licensee for a violation of this administrative regulation or KRS Chapter 330 shall be notarized, filed with the board on the Complaint Form, and shall not require a fee.

(4) All claims for monetary damages or relief from the auctioneer's education, research, and recovery fund established pursuant to KRS 330.192 shall be made in writing and submitted to the board within twelve (12) months of the act of the auctioneer giving rise to the loss.

(5) Amendments to a timely filed proof of claim shall be accepted.

(6) A licensee shall file a notarized answer to a complaint with the board no later than twenty (20) days of receiving the complaint from the board.

(7) A licensee shall maintain and provide to the board at least one (1) physical residential mailing address that is not a P.O. Box and a business address which may be a P.O. Box.

Section 5. Incorporation by Reference.

(1) "Complaint Form", KBA-6, May 2019, is incorporated by reference.

History

RELATES TO: KRS 330.110, 330.120, 330.130
STATUTORY AUTHORITY: KRS 330.050(8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 330.050(8) authorizes the Board of Auctioneers to promulgate administrative regulations with the approval of the executive director of the Kentucky Real Estate Authority in accordance with KRS Chapter 13A as required to fulfill the duties and functions assigned to the board. This administrative regulation establishes requirements to protect the public through adequate recordkeeping and accounting by licensees.
History: 5 Ky.R. 695; eff. 6-6-1979; 37 Ky.R. 2891; 38 Ky.R. 736; eff. 11-4-2011; 44 Ky.R 2544; 45 Ky.R. 327; eff. 8-31-2018; Recodified from 201 KAR 3:045, 10-12-2018; 45 Ky.R. 3549; eff. 9-6-2019; Crt to Am 5-20-2026; Am due 11-20-2027.

831 KAR 1:030 Education requirements {#sec-831-kar-1-030 omnilex-key=us-ky-regs-official--title-831--831 KAR 1:030}

Section 1. Education Providers.

(1) All required education shall be obtained from a board-approved provider.

(2) A request to become an approved provider shall be made on the Continuing Education: Approved Provider Application form, KBA-4 provided by the board.

(3) A prospective or approved provider shall notify the board in writing within thirty (30) days of any material change in information submitted on the application or attachments. Notification shall be made on the License Status and Information Update form, KBA-3, incorporated by reference in 831 KAR 1:010.

(4) An approved provider shall submit to the board advance notification of each course offering on the Continuing Education: Course Notification form, KBA-5.

(5) An approved provider shall submit to the board a roster of attendees completing a course within ten (10) days of completion. The roster shall include each attendee's name, address, license number, and e-mail address.

(6) An approved provider shall disclose to all potential students prior to enrollment:

(a) The full cost of each course, including tuition, books, and required materials; and

(b) The number of continuing education hours to be earned by attending and completing each course.

(7) An approved provider shall maintain clear and correct written or electronic records for a minimum of five (5) years, including:

(a) Course handouts;

(b) Attendance records; and

(8) A provider's approval shall be subject to withdrawal for a violation of KRS Chapter 330 or 831 KAR Chapter 1.

(9) A complaint against an approved provider shall be notarized and filed on the Complaint Form, KBA-6, which is incorporated by reference in 831 KAR 1:020.

Section 2. Instructors.

(1) An instructor for a course provided pursuant to this administrative regulation shall hold or have previously held:

(a) Current and comprehensive knowledge of the subject matter they will be teaching;

(b) The ability to effectively teach, interact, and communicate with the attendees; and

(2) An instructor for a course provided pursuant to this administrative regulation shall not have:

(a) Had a professional license revoked or suspended;

(b) Been convicted of any crime involving auction, real estate, or any abuse of fiduciary responsibilities; or

(c) Been disciplined in any jurisdiction for falsifying student attendance records or completion of course requirements or other improper educational actions related to licensure.

(3) An instructor who is also a licensee shall receive continuing education credit for teaching a course approved pursuant to this administrative regulation once per educational year for the same course.

Section 3. Auctioneer Education and Licensing Requirements.

(1) To be licensed as an apprentice auctioneer, an applicant shall show proof of a high school diploma or equivalent, unless waived by the board pursuant to KRS 330.060(1)(b).

(2) An applicant for a license shall obtain the required education from an approved provider or combination of approved providers.

(3) An applicant for a principal auctioneer license shall have successfully completed at least eighty (80) hours of approved classroom instruction.

(a) Up to eight (8) hours may include approved outside activities and field instruction, such as attendance at auctions; and

(b) Up to forty (40) hours may include approved distance learning.

(4) The board may waive the approved classroom instruction requirement if requested in writing by an applicant who demonstrates sufficient previous auction experience and competency.

(5) Reciprocity with any state that does not require an apprenticeship shall be granted after a licensee, who is a nonresident of Kentucky, has held his or her license for a minimum of one (1) year in the reciprocating state.

Section 4. Licensee Continuing Education Requirements.

(1) A licensee shall attend a minimum of six (6) course hours of continuing education from any approved provider or combination of approved providers on or before May 31 of each license year.

(2) A licensee shall attend the Kentucky Auction Core Course at least once every four (4) years based on the board's schedule according to the licensee's birth month.

(a) A licensee seeking to reactivate a license from escrow shall complete the Kentucky Auction Core Course.

(b) A licensee with at least twenty-five (25) years of continuous licensure shall be exempt from the Kentucky Auction Core Course requirement.

(3) A licensee licensed prior to January 1, 1980 shall be exempt from this section.

Section 5. Continuing Education Courses.

(1) A licensee may attend a live course or participate in a distance learning course in which the instructor and attendee are not physically present at the same location.

(2) A continuing education course shall focus on auctions or auction law.

(a) An approved provider shall keep all course material current with KRS Chapter 330 and 831 KAR Chapter 1.

(b) The Kentucky Auction Core Course shall include instruction in the core subjects of KRS Chapter 330, 831 KAR Chapter 1, ethics, and any other applicable subject matter.

(3) Courses sponsored by the National Auctioneers Association and the Certified Auctioneer's Institute shall qualify for continuing education.

(4) General business meetings and noneducational portions of auctioneer conventions shall not qualify for continuing education.

(5) Live courses shall be subject to monitoring visits from board personnel.

(6) Distance learning shall be subject to periodic review by board personnel. For internet based courses, approved providers shall include "test" login information with the course notification to the board, which shall authorize the board to review the material.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Continuing Education: Approved Provider Application", KBA-4, May 2019; and

(b) "Continuing Education: Course Notification", KBA-5, May 2019.

History

RELATES TO: KRS 330.050, 330.060, 330.070, 330.095
STATUTORY AUTHORITY: KRS 330.050(8), 330.060(1), 330.070(7), 330.095
NECESSITY, FUNCTION, AND CONFORMITY: KRS 330.050(8) authorizes the Board of Auctioneers to promulgate administrative regulations with the approval of the executive director of the Kentucky Real Estate Authority in accordance with KRS Chapter 13A as required to fulfill the duties and functions assigned to the board by KRS Chapter 330. KRS 330.060(1) requires applicants for an apprentice auctioneer or auction house operator's license to successfully complete instruction as prescribed by the board from a board-approved auction education provider. KRS 330.070(7) authorizes the board to require, as a condition precedent to the renewal of any license, that each licensee complete continuing education up to ten (10) hours per license year. This administrative regulation establishes prelicensing and continuing education requirements for all board of auctioneer licensees.
History: 44 Ky.R. 2705; 44 Ky.R. 328; eff. 8-31-2018; Recodified from 201 KAR 3:100, 10-12-2018; TAm eff. 11-13-2018; 45 Ky.R. 3551; 46 Ky.R. 437; eff. 9-6-2019; Crt to Am 5-20-2026, Am due 11-20-2027.

Chapter 2 Board of Home Inspectors

831 KAR 2:001 Definitions for 831 KAR Chapter 2 {#sec-831-kar-2-001 omnilex-key=us-ky-regs-official--title-831--831 KAR 2:001}

Section 1. Definitions.

(1) "Approved" means recognized by the Kentucky Board of Home Inspectors.

(2) "Complaint" means a written allegation of misconduct by a home inspector, or other allegation of a violation of KRS Chapter 198B, the requirements established in 831 KAR Chapter 2, or another state or federal statute or regulation applicable to home inspectors.

(3) "Continuing education hour" means fifty (50) clock minutes of instruction, exclusive of any breaks, recesses, testing, or other time not spent on instruction.

(4) "Expired license" means a license that was not renewed by the last day of the licensee's birth month as required by KRS 198B.722(1) or (2).

(5) "Prelicensing course provider" means the person or legal entity approved by the board to conduct prelicensing courses in home inspection.

(6) "Probationee" means a licensee, prelicensing course provider, or continuing education provider placed on probation by the board.

(7) "Provider" means the person or legal entity approved by the board to provide prelicense or continuing education in home inspections.

(8) "Terminated license" means a license that has not been renewed within 120 days of expiration as required by 831 KAR 2:020, Section 5(2)(d).

History

RELATES TO: KRS 198B.700(2), 198B.706
STATUTORY AUTHORITY: KRS 198B.706(15)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.706(15) requires the Kentucky Board of Home Inspectors, with the approval of the executive director of the Kentucky Real Estate Authority, to promulgate administrative regulations to carry out the effective administration and requirements of KRS 198B.700 to 198B.738. This administrative regulation establishes the definitions for 831 KAR Chapter 2.
History: 41 Ky.R. 683; 1551; eff. 2-6-2015; 45 Ky.R. 1090; 2674; eff. 4-5-2019; Recodified from 815 KAR 6:001, 4-18-2019; Crt to Am 3-24-2026.

831 KAR 2:020 Licensing requirements {#sec-831-kar-2-020 omnilex-key=us-ky-regs-official--title-831--831 KAR 2:020}

Section 1. Application Requirements.

(1) An applicant for an initial home inspector license shall submit:

(a) A completed Application for Licensure, form KBHI-1;

(b) A two (2) inch by two (2) inch passport photograph taken within the past six (6) months and affixed to the application form;

(c)

A certificate of course completion from a prelicensing course provider approved by the board in accordance with 831 KAR 2:040; and
The applicant's passing examination test score from a test provider approved by the board in accordance with 831 KAR 2:040;

(d) A certificate of liability insurance pursuant to KRS 198B.712(3)(d), verifying continuous coverage;

(e) If applicable, other state or local licensure, certification, registration, or permit;

(f) Two (2) criminal background checks, both completed no more than ninety (90) days prior to the date the board receives the application:

A state criminal background check performed by:

a. The Kentucky State Police for Kentucky residents; or

b. A comparable law enforcement agency for non-resident applicants; and

A nationwide criminal background investigation check in accordance with subsection (2) of this section; and

(g) A nonrefundable fee of $250.

(2)

(a) The nationwide criminal background investigation check shall be performed by the Federal Bureau of Investigation.

(b) If the Federal Bureau of Investigation cannot complete the background investigation check within thirty (30) days of the request, the applicant may submit an Optional Affidavit for Licensure, form KBHI-6, and submit the performed nationwide criminal background investigation check within fourteen (14) days of its completion.

(c) If an applicant has a felony conviction during the applicant's lifetime, a misdemeanor conviction within the past five (5) years or a pending charge, the applicant shall not use the optional affidavit.

Section 2. Examination.

(1) A request to sit for the examination shall be made directly to the test provider.

(2) A passing score on the examination shall be valid for a period of three (3) years.

(3) If an applicant fails to pass the examination two (2) times, the applicant shall wait at least fourteen (14) calendar days prior to retaking the examination.

(4) If an applicant fails to pass the examination three (3) times, the applicant shall not be eligible to retake the examination until the applicant has again completed and again passed the prelicensing training course required by Section 1(1)(c) of this administrative regulation before retaking the examination a fourth time and each subsequent examination failure thereafter.

(5) The applicant shall follow all written and oral instructions, procedures, and appropriate standards of conduct established by the board or testing service administering the examination.

(6) Failure to comply with all instructions, procedures, and appropriate standards of conduct established by the board or the testing service shall be grounds for denial of the application.

Section 3. Reciprocity. An applicant seeking licensure through reciprocity in accordance with KRS 198B.714 shall:

(1) Submit a completed Application for Licensure, form KBHI-1, and attachments established in Section 1(1)(b) through (f) of this administrative regulation; and

(2) Pay the fee established in Section 1(1)(g) of this administrative regulation.

Section 4. Nonresident Licensees. A nonresident licensee shall:

(1) Submit a completed Application for Licensure, form KBHI-1, and attachments established in Section 1(1)(b) through (f) of this administrative regulation;

(2) Pay the fee established in Section 1(1)(g) of this administrative regulation; and

(3) Comply with the provisions established in KRS 198B.716, by submitting a complete Consent to Service of Jurisdiction, form KBHI-8, and this administrative regulation.

Section 5. Renewal of Licenses.

(1) To be eligible for licensure renewal, an applicant shall hold a valid and current license issued by the board and shall:

(a) Satisfy the continuing education requirements established by 831 KAR 2:040;

(b) Pay a nonrefundable renewal fee of $200 per year for each year of licensure;

(c) Submit a completed Application for Licensure Renewal, Reinstatement or Reactivation, form KBHI-2 with the following attachments:

A certificate of completion for continuing education;
A certification of liability insurance showing continuous coverage;
If applicable, a letter of good standing from all other jurisdictions where the licensee is licensed; and
A criminal background check performed by the Kentucky State Police completed within ninety (90) days of the date the board receives the renewal application; and

(d) Submit a copy of a completed inspection report that has been compiled within the previous twelve (12) months immediately preceding renewal.

(2)

(a) The renewal application shall be postmarked by the last day of the month in which the licensee is to renew the license.

(b) If the renewal application is postmarked within sixty (60) days after the last day of the licensee's renewal month, the licensee shall:

Cease and desist from conducting home inspections; and
Pay the nonrefundable renewal fee of $200 per year for each year of licensure and the late renewal fee of $250.

(c) If the renewal application is postmarked between sixty-one (61) and 120 days after the renewal was due, the licensee shall:

Cease and desist from conducting home inspections; and
Pay the nonrefundable renewal fee of $200 per year for each year of licensure, late renewal fee of $250, and reinstatement fee of $250.

(d) If a licensee failed to submit an Application for Licensure Renewal, Reinstatement or Reactivation, form KBHI-2, within 120 days of the last day of the licensee's renewal month, the license shall be terminated.

(e) If a licensee failed to submit a timely Application for Licensure Renewal, Reinstatement or Reactivation, form KBHI-2, the licensee may seek reinstatement upon a showing of good cause, which shall include circumstances beyond the control of the licensee.

Section 6. Inactive License.

(1) To place a license in inactive status, a licensee shall submit a statement indicating the desire to have the license placed in inactive status.

(2) This statement shall be mailed to the board and shall be accompanied by:

(a) A nonrefundable fee of ten (10) dollars made payable to the Kentucky State Treasurer;

(b) The licensee's license card; and

(3) If the licensee no longer has his or her license card, the statement shall be notarized and provide a reason for the missing license card.

(4) A licensee in inactive status shall not engage in home inspection activities within the Commonwealth of Kentucky.

(5) Renewal of license in inactive status.

(a) A licensee with an inactive license shall pay an annual inactive status fee equal to fifty (50) percent of the current renewal fee for an active license.

(b) Failure to pay this annual fee shall result in the expiration of the license on the last day of the licensee's birth month.

(6) A licensee with an inactive status license shall not be required to maintain the insurance coverage required by KRS 198B.712(3)(d).

Section 7. License Reactivation.

(1) A licensee who wishes to reactivate a license shall submit a completed Application for Licensure Renewal, Reinstatement or Reactivation, form KBHI-2 with the following attachments:

(a) A certificate of completion for continuing education as required by 831 KAR 2:040;

(b) A certification of liability insurance showing continuous coverage; and

(2) The reactivation application shall be accompanied by:

(a) A criminal background check performed by the Kentucky State Police completed within ninety (90) days of the date the board receives the reactivation application; and

(b) A nonrefundable reactivation fee in the amount of ten (10) dollars made payable to the Kentucky State Treasurer.

(3) A license that has been inactive for a period of five (5) years from the date of board action shall be considered terminated.

Section 8. Grounds for Denial or Nonrenewal and Appeal Rights.

(1) The board may deny a license or refuse to renew or reactivate a license to an applicant or licensee who:

(a) Has entered a guilty plea to, pled guilty to, or been convicted of a crime directly related to the home inspection profession; or

(b) Has had disciplinary action taken against a home inspector license, certificate, registration, or permit held by the applicant or licensee in any jurisdiction or state.

(2) The board shall follow the procedures established in KRS Chapter 335B in denying a license or refusing to renew or reactivate a license.

(3) The request for an administrative hearing shall identify the specific issues in dispute and the legal basis on which the board's decision on each issue is believed to be erroneous.

(4) If the request for an administrative hearing is not timely filed, the notice of denial shall be effective upon the expiration of the time to request an administrative hearing.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Licensure", Form KBHI-1, 1/2019;

(b) "Application for Licensure Renewal, Reinstatement or Reactivation", Form KBHI-2, 9/2018;

(d) "Consent to Service of Jurisdiction", Form KBHI-8, 9/2018.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Home Inspectors, 656 Chamberlin Avenue, Suite B, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 198B.700, 198B.706, 198B.712, 198B.714, 198B.716, 198B.722, 198B.724, 198B.738, 335B.020, 335B.030
STATUTORY AUTHORITY: KRS 198B.706(1), (15), 198B.722(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.706(1) and (15) requires the Kentucky Board of Home Inspectors, with the approval of the executive director of the Kentucky Real Estate Authority, to promulgate administrative regulations to carry out the effective administration and requirements of KRS 198B.700 to 198B.738 and to determine the requirements and prescribe forms and applications for licensing. KRS 198B.722(2) and (7) authorizes the board to establish requirements for licensure renewal and to establish an inactive license. This administrative regulation establishes licensure requirements for home inspectors.
History: 32 Ky.R. 2400; 33 Ky.R. 778; eff. 10-6-2006; 684; 1035; eff. 12-4-2009; 38 Ky.R. 1498; 1866; 1966; eff. 7-6-2012; 41 Ky.R. 623; 1371; 1551; eff. 2-6-2015; 41 Ky.R. 2641; 42 Ky.R. 295; eff. 9-4-2015; 42 Ky.R. 295, 2265, 2596, 2891; eff. 7-1-2016; 45 Ky.R. 1091; 2117; 2674; eff. 4-5-2019; Recodified from 815 KAR 6:010, 4-18-2019; Crt to Am 3-24-2026.

831 KAR 2:030 Standards of conduct, complaints, and discipline {#sec-831-kar-2-030 omnilex-key=us-ky-regs-official--title-831--831 KAR 2:030}

Section 1. Standards of Conduct. A licensed home inspector or an entity under which the inspector conducts business shall:

(1) Act as an unbiased third party to the real estate transaction;

(2) Discharge the duties of a home inspector with integrity and fidelity to the client;

(3) Only express an opinion on any aspect of the inspected property if that opinion is based upon the experience, training, education, and professional opinion of the inspector;

(4) Provide a written disclosure to the client of any interest the inspector maintains in the transaction and advise the client to obtain competitive bids before products or additional services are offered by the licensee including:

(a) Products or additional services to be purchased from or provided by the inspector, his or her agents, or employees;

(b) Products or additional services to be purchased from or provided by any entity, organization, or venture in which the inspector has an interest; or

(c) Products or additional services to be purchased that will result in any additional compensation or benefit to the inspector, financial or otherwise;

(5) Provide the license number, following the licensee's signature, on any document signed by the home inspector pertaining to the home inspection; and

(6) Report a conviction, plea of guilty, or an "Alford" plea to any felony or a misdemeanor involving sexual misconduct, theft, attempted sexual misconduct, or attempted theft to the board within thirty (30) days.

Section 2. Prohibited Conduct. In addition to the affirmative duties imposed by Section 1 of this administrative regulation, a licensed home inspector or an entity under which the licensee conducts business shall not:

(1) Engage in or knowingly cooperate in the commission of fraud or material deception to obtain a license to engage in the practice of home inspection, including cheating on the licensing examination;

(2) Perform repairs or modifications for compensation, or for other direct or indirect financial benefit, to a residential dwelling within twelve (12) months after performing a home inspection on the same residential dwelling, if the repairs or modifications are based upon the findings in the home inspection report. This subsection shall not apply if the home inspector purchases the residence after performing the inspection;

(3) Perform a home inspection to the client that does not conform to the Standards of Practice selected on the initial or renewal application for licensure submitted pursuant to 831 KAR 2:020;

(4) Provide services that constitute the unauthorized practice of any profession that requires a special license if the home inspector does not hold that license;

(5) Provide any compensation, inducement, or reward, either directly or indirectly, to any person or entity other than the client for the referral of business to the inspector. The purchase or use of advertising, marketing services, or products shall not be considered compensation, inducement, or reward;

(6) Conduct a home inspection or prepare a home inspection report for which the inspector's fee is contingent upon the conclusions contained in the report;

(7) Misrepresent the financial interests, either personally or through his or her employment, of any of the parties to the transfer or sale of a residential dwelling upon which the licensee has performed a home inspection;

(8) Disclose any information concerning the results or content of the home inspection report without the prior, written approval of the client for whom the home inspection was performed. The home inspector may disclose information if:

(a) There is an imminent danger to life, health, or safety; or

(b) The home inspector is compelled to disclose information by court order or a lawfully issued subpoena;

(9) Accept compensation, financial or otherwise, from more than one (1) interested party for the same home inspection on the same property without the written consent of all interested parties;

(10) Make a false or misleading representation regarding the:

(a) Condition of a residential dwelling for which the licensee has performed or contracted to perform a home inspection;

(b) Extent of services the licensee has performed or will perform; or

(11) Be convicted of a crime in the course of the practice of home inspection or commit any act constituting a violation of state law during the course of a home inspection;

(12) Fail to continuously maintain the liability insurance required by KRS 198B.712(3)(d) and 831 KAR 2:020;

(13) Engage in any course of lewd or immoral conduct in connection with the delivery of services to clients;

(14) Use the term "certified" in advertising, unless the certification is current and the full name of the certifying body is clearly identified;

(15) Use the term "fully insured," unless the person or entity has business liability and worker's compensation insurance coverage in effect at the time of the advertisement;

(16) Continue to practice, if the licensed home inspector has become unfit to practice due to:

(a) Professional incompetence;

(b) Failure to keep abreast of current professional theory or practice;

(d) Addiction to, abuse of, or severe dependency on alcohol or other drugs that endanger the public by impairing a licensed home inspector's ability to practice safely;

(17) Omit information in a home inspection report required to be disclosed to a client by the Standards of Practice selected on the initial application for licensure or the application for renewal submitted pursuant to 831 KAR 2:020; or

(18) Fail to comply with an order of the board.

Section 3. Content of Report.

(1) A home inspection report shall state the Standards of Practice being followed by the licensee.

(2) A home inspection report shall include a statement that the report does not address environmental hazards and shall list all other exclusions with specificity. The presence or evidence of the following environmental hazards shall not be addressed in the report:

(a) Air-borne hazards;

(b) The air quality or the sickness of any building, including the presence or absence of all manner of biological activity, such as hazardous plants, insects, birds, pets, mammals, and other flora and fauna, and their consequent physical damage, toxicity, noxiousness, odors, waste products, and wood destroying animals and fungi;

(d) Asbestos;

(e) Carcinogens, including radon;

(f) Contaminants in soil, water, and air;

(g) Electro-magnetic fields;

(h) Hazardous materials including the presence of lead in paint;

(i) Hazardous waste conditions;

(j) Mold, mildew, or fungus;

(k) Hazardous plants or animals including wood destroying organisms, wood destroying insects, or diseases harmful to humans including molds or mold-like substances;

(l) Noise;

(m) Potability of any water;

(n) Toxins;

(o) Urea formaldehyde;

(p) The effectiveness of any system installed or method utilized to control or remove suspected environmental hazards; and

(q) Compliance with regulatory requirements (for example, codes, regulations, laws, and ordinances), any manufacturer's recalls, conformance with manufacturer installation or instructions, or any information for consumer protection purposes.

Section 4. Maintenance of Records.

(1) A licensed home inspector shall retain for at least three (3) years from the date of the inspection:

(a) The written reports; and

(b) The contract.

(2) Records may be retained in retrievable, electronic format.

(3) A licensee shall provide all records requested by the board within ten (10) days of receipt of the request.

Section 5. Advertising Standards.

(1) Every person licensed as a home inspector or claiming to be a home inspector shall identify and display his or her license number in all advertising disseminated, either directly or indirectly, to the general public, unless the advertisement is a promotional item.

(2) Any vehicle used in advertising a home inspector business shall bear the license number of the home inspector in a conspicuous location. The letters and numbers shall be at least two (2) inches in height and shall be visible and legible while the vehicle is being operated.

(3) If the home inspector is operating under the name of a business entity, the requirements of this administrative regulation shall be satisfied by displaying the license number of the owner or an employee of the business who is a licensed home inspector.

Section 6. Complaints.

(1) A complaint may be initiated by the board, an individual, an entity, or a governmental agency. The complaint shall be submitted on a Complaint Form, KBHI-7.

(2) If the complaint is initiated by the public, it shall be notarized by a notary public.

(3) If the complaint screening committee recommends that a response is needed from the licensee pursuant to Section 7 of this administrative regulation, a copy of the initiating complaint shall be mailed to the licensee. The licensee shall file a written response to the initiating complaint with the board within twenty-one (21) days. The written response shall:

(a) Identify the respondent;

(b) State his or her response to the complaint;

(d) If applicable, state if he or she proposes to inspect the residence that is the subject of the claim and state the date by which the inspection will be complete. Any proposal shall include the statement that the home inspector shall, based on the inspection:

Offer to remedy the defect, compromise by payment, or dispute the claim;
Offer to compromise and settle the claim by monetary payment without inspection; or
State that the home inspector disputes the claim; and

(e) Be notarized by a notary public.

(4) A complaint shall be filed within one (1) year of the date the complainant knew or should have known of a violation by the licensee.

(5) The complainant may withdraw a complaint, which shall render the complaint null, void, and without effect, if:

(a) An answer has not been filed in accordance with this section;

(b) The withdrawal is made within twenty (20) days of the date the complaint was filed; or

(6) A withdrawn complaint shall not be refiled or reheard.

(7) A request for the board to take or refrain from taking an action shall be made by an oral or written motion and shall state the basis for the relief sought.

(8) After review by the complaint screening committee pursuant to Section 7 of this administrative regulation, the board shall investigate any complaint that alleges a violation of KRS 198B.700 to 198B.738 and 831 KAR Chapter 2.

(9) The board may appoint any of its members or any agent or representative of the board to conduct an investigation of the complaint.

(10) Upon the completion of the investigation, the investigator shall submit a written report to the board containing a succinct statement of the facts disclosed by the investigation.

(11) Based on consideration of the complaint and the investigative report, if any, the board shall determine if there has been a prima facie violation of KRS 198B.700 to 198B.738 or 831 KAR Chapter 2.

(12) If the investigator is a member of the board, he or she shall not vote.

(13) If the board finds that the facts alleged in the initiating complaint or investigative report:

(a) Do not constitute a prima facie violation of KRS 198B.700 to 198B.738 or 831 KAR Chapter 2, the board shall dismiss the complaint and notify the person making the complaint and the licensee that no further action will be taken at the present time; or

(b) Do constitute a prima facie violation of KRS 198B.700 to 198B.738 or 831 KAR Chapter 2, the board shall follow the procedures established in Section 9 of this administrative.

Section 7. Complaint Screening Committee.

(1) The board chair shall create a complaint screening committee consisting of at least one (1) board member who is also a licensed home inspector.

(2) The complaint screening committee shall:

(a) Review new complaints and responses;

(b) Order investigation or further investigation;

(d) Make recommendations for disposition of complaints to the full board, including:

Dismissal of the complaint;
A response to the complaint is needed; or
An investigation of the complaint is warranted.

(3) The committee may be assisted by the board staff and counsel.

(4) The committee shall report the committee's findings and recommendations to the board.

Section 8. Settlement by Informal Proceedings.

(1) The board, through counsel and the complaint screening committee, may, at any time during the complaint process established in this administrative regulation, enter into informal proceedings with the licensee who is the subject of the complaint for the purpose of appropriately dispensing with the matter.

(2) An agreed order or settlement reached through this process shall be approved or denied by the board and signed by the individual who is the subject of the complaint.

(3) The board may employ mediation as a method of resolving the matter informally.

Section 9. Disciplinary Action.

(1)

(a) If the board finds that there is a prima facie violation of a provision of KRS 198B.700 to 198B.738 or 831 KAR Chapter 2 in accordance with Section 6 of this administrative regulation, the board shall issue:

Written notice of disciplinary action to the licensee; or
Initiate any remedy permitted by KRS 198B.700 to 198B.738 against an unlicensed individual.

(b) If a licensee, the board may propose any combination of discipline permitted by KRS 198B.700 to 198B.738.

(2) The written notice of disciplinary action shall be sent to the licensee's address on file with the board and inform the licensee:

(a) Of the specific reason for the board's action, including:

The statutory or regulatory violation; and
The factual basis on which the disciplinary action is based;

(b) Of the proposed penalty; and

(c) That the licensee may request an administrative hearing of the penalty to the board within twenty (20) calendar days of the date of the board's notice.

(3) A written request for an administrative hearing shall be postmarked no later than twenty (20) calendar days of the date of the board's notice. The request shall identify the specific issues in dispute and the legal basis on which the board's decision on each issue is believed to be erroneous.

(4) If the request for an administrative hearing is not timely filed, the notice of disciplinary action shall be effective upon the expiration of the time for the licensee to request an administrative hearing.

Section 10. Revocation of Probation.

(1) If the board moves to revoke probation previously granted, the board shall issue written notice of the revocation and inform the probationee:

(a) Of the factual basis on which the revocation is based;

(b) Of each probation term violated; and

(c) That the probationee may request an administrative hearing of the revocation to the board within twenty (20) calendar days of the date of notification of revocation. The notification shall be sent to the last known address on file with the board for the probationee.

(2) A written request for an administrative hearing shall be postmarked no later than twenty (20) calendar days of the date of the board's notice. The request shall identify the specific issues in dispute and the legal basis on which the board's decision on each issue is believed to be erroneous.

(3) If the request for an administrative hearing is not timely filed, the notice of revocation shall be effective upon the expiration of the time for the probationee to request an administrative hearing.

Section 11. Incorporation by Reference. (1) "Complaint Form", Form KBHI-7, 9/2018, is incorporated by reference.

History

RELATES TO: KRS 198B.706, 198B.712, 198B.722, 198B.728, 198B.730, 411.270-411.282
STATUTORY AUTHORITY: KRS 198B.706
NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.706(15) requires the Kentucky Board of Home Inspectors, with the approval of the executive director of the Kentucky Real Estate Authority, to promulgate administrative regulations to carry out the effective administration and requirements of KRS 198B.700 to 198B.738. KRS 198B.706(13) authorizes the board to establish standards of practice for home inspectors. KRS 198B.706(1) requires the board to determine the requirements for and prescribe the form of documents required by KRS 198B.700 to 198B.738. KRS 198B.706(4) requires the board to investigate, and take action if appropriate, complaints concerning licensees, or persons the board has reason to believe should be licensees, including complaints concerning failure to comply with KRS Chapter 198B or 831 KAR Chapter 2. KRS 198B.728 requires the board to take disciplinary actions against or impose sanctions on a licensee for failing to comply with any provision of KRS 198B.700 to 198B.738 or administrative regulations promulgated thereunder. KRS 198B.730(1) requires the board to schedule and conduct an administrative hearing in accordance with the provisions of KRS Chapter 13B. KRS 411.272(2) requires KRS 411.270 to 411.282 to prevail over any conflicting law otherwise applicable to any action, claim or cause of action against a home inspector, with specified exceptions. This administrative regulation establishes standards of conduct for home inspectors, standards for advertising by home inspectors, and the process for filing and investigating complaints. This administrative regulation also establishes supplemental administrative hearing procedures for matters before the board and the required forms for a complaint or answer.
History: 32 Ky.R. 2403; 33 Ky.R. 780; eff. 10-6-2006; 41 Ky.R. 626; 1374; 1554; eff. 2-6-2015; 45 Ky.R. 1096; 2678; eff. 4-5-2019; Recodified from 815 KAR 6:030, 4-18-2019; Crt to Am 3-24-2026.

831 KAR 2:040 Education and testing requirements and providers {#sec-831-kar-2-040 omnilex-key=us-ky-regs-official--title-831--831 KAR 2:040}

Section 1. Test Provider and Examination Approval.

(1) To become an approved test provider, an applicant shall submit a written proposal to the board regarding the proposed examination.

(2) The proposal shall indicate that the examination:

(a) Consists of at least 200 questions;

(b) Draws questions from a question bank consisting of:

At least 800 unique questions, if no state-specific questions are asked; or
At least 650 general knowledge questions and at least 150 state-specific questions, if state-specific questions are asked;

(c) Contains questions reasonably calculated to evaluate the competency and aptitude of the prospective licensee to be a home inspector;

(d)

Includes questions that cover, at a minimum, building sciences and report writing; and
The exam may include questions that cover one (1) or both of the standards of practice authorized in KRS 198B.706(13);

(e) Indicates how a passing score is to be calculated;

(f) Includes details indicating how the examination will be proctored; and

(g) Is third-party accredited by the Buros Center for Testing, or another independent, nationally recognized examination or credential accreditation entity acceptable to the Board, as being an examination developed and administered in accordance with generally accepted standards for psychometric validity, consistent with the 2014 Standards for Educational and Psychological Testing.

(3) The proposed examination may contain state-specific questions totaling no more than ten (10) percent of the total questions on the examination.

Section 2. Education Provider Approval.

(1) A prelicensing course provider applicant shall submit:

(a) A completed Application for Pre-licensing Course Provider, form KBHI-3;

(b) A $500 nonrefundable application fee;

The applicant's license from the Kentucky Commission on Proprietary Education, if required by KRS Chapter 165A; or
Proof that the applicant is exempt from licensure;

(d) A syllabus of all courses that will be offered, which shall include the physical location of each laboratory and field training portion of the courses;

(e) A list of all course instructors and copies of their current curriculum vitae;

(f) A copy of all advertising material used to advertise the courses; and

(g) A sample of the official transcript.

(2) A continuing education course provider applicant shall submit to the board:

(a) A completed Application for Continuing Education Course Provider, form KBHI-4; and

(b) A $500 nonrefundable application fee.

(3) Upon approval, the board shall assign the provider a provider number. The provider shall use the provider number in the course syllabus, all course materials, and all written advertising materials for the course.

(4) A provider's approval shall expire every two (2) years. Each provider shall resubmit the application and fee required for initial approval no later than forty-five (45) days prior to the date of expiration.

Section 3. Prelicensing Course Approval.

(1) To be approved by the board, a prelicensing training course shall require a minimum of:

(a) Sixty-four (64) credit hours of training in the subject areas listed in subparagraphs 1 through 9 of this paragraph for at least the number of hours specified:

Manufactured housing: two (2) hours;
Standards of practice, KRS 198B.700 to 198B.738 and 831 KAR Chapter 2, contracts, report writing, and communications: twelve (12) hours;
Exterior, roofing, insulation, and ventilation: six (6) hours;
Structure and interior: nine (9) hours;
Electrical and plumbing: nine (9) hours;
Heating and air conditioning: six (6) hours;
Field training: sixteen (16) hours, including not more than eight (8) hours in a laboratory;
General residential construction: three (3) hours; and
Environmental hazards, mitigation, water quality, and indoor air quality: one (1) hour;

(b) The completion of three (3) unpaid home inspections under the direct supervision of a Kentucky licensed home inspector with satisfactory written reports submitted to the course provider in addition to the sixteen (16) hours of field training required by paragraph (a)7. of this subsection; and

(2) An online prelicensing training course shall not be accepted by the board unless the applicant:

(a) Was enrolled in a prelicensing course on or before September 4, 2015;

(b) Maintained continuous enrollment; and

Section 4. Continuing Education Course Approval.

(1) To offer a continuing education course, an approved continuing education provider shall submit to the board at least thirty (30) days prior to the next regularly scheduled board meeting:

(a) A completed Application for Continuing Education Course, form KBHI-5;

(b) An official course curriculum and description;

(d) The number of continuing education hours requested;

(e) A list of all course instructors and copies of their current curriculum vitae; and

(f) An official certificate of completion.

(2) To receive approval, each course shall be in hourly increments from one (1) to six (6) hours.

(a) One (1) hour of continuing education shall be allowed for each fifty (50) minutes of actual instruction; and

(b) The board may approve a course for hours different than the provider's request based on the education and experience of the licensed home inspector board members.

(3) The board shall approve continuing education courses that:

(a) Contribute to the competence of licensees;

(b) Contain sufficient educational content to improve the quality of licensee performance; and

(4) If the continuing education course is an online course, the course:

(a) Shall not satisfy the continuing education requirements established in Section 11(3)(a) and (b) of this administrative regulation;

(b) May satisfy the continuing education requirements established in Section 11(3)(c) of this administrative regulation; and

(c) Shall contain an explanation or provide proof that the continuing education provider has an attendance verification process.

(5) Upon approval, the board shall assign the course a number. The course provider shall use the course number in the course syllabus, all course materials, and all written advertising materials for the course.

(6) Prelicensing and continuing education course approval shall be valid for two (2) years from date of issue if no substantial change is made in the course and the board has not imposed discipline upon the provider or its instructors.

(7) Substantial changes, such as a change in the agenda, published course description, or instructor, made in any course shall require a new approval of that course.

(8) A provider shall apply for course approval no later than forty-five (45) days prior to the date of expiration of the original course approval.

Section 5. Denial of Application. Unless a denial is being considered pursuant to 831 KAR 2:030, a course that has been denied may be resubmitted to the board after adopting the suggested modifications provided by the board.

Section 6. Required Records.

(1) Each provider shall maintain with respect to each course:

(a) The time, date, and location of each course completed;

(b) The name, address, and qualifications of each instructor who teaches any portion of the course and if each instructor has been approved by the board;

(d) The course syllabus used for each course; and

(e) The course evaluations.

(2) The provider shall issue to each person who successfully completes an approved course, a certificate of completion containing:

(a) The name of the attendee;

(b) The name of the provider;

(d) The course number;

(e) The date of the course; and

(f) The total number of continuing education hours successfully completed in each subject covered by the course.

(3) Each provider shall maintain its records for at least three (3) years after the completion of each course. These records shall be submitted to the board or its agents upon request.

Section 7. Qualifications of Course Instructors.

(1) Each course instructor shall be qualified, by education or experience, to teach the course, or parts of a course, to which the instructor is assigned.

(2) Any person with a four (4) year college degree or graduate degree, with at least two (2) years of work experience in that field, shall be qualified to teach a prelicensing or continuing education course in that person's field of study.

(3) To qualify as an instructor based on experience, an individual shall:

(a) Be licensed and have actively practiced for at least five (5) years as a home inspector; or

(b) Have five (5) years of experience in a related field of home inspection or the building sciences.

(4)

(a) A licensee whose license is suspended as a result of board discipline shall not teach or serve as a course instructor during the time the license is suspended.

(b) A licensee whose license has been revoked as a result of board discipline shall not teach or serve as a course instructor after the license has been revoked.

(5) A course provider may request prior approval by the board regarding the qualifications of a particular instructor for a particular course.

Section 8. Course Syllabus.

(1) Each course shall have a course syllabus that identifies:

(a) The name of the course;

(b) The name and address of the provider;

(d) The location of each course component.

(2) Each person who registers for a course shall be given the course syllabus prior to the beginning of the course.

Section 9. Course Advertising.

(1) A provider shall not advertise a course as approved until the approval is granted by the board.

(2) A provider shall not include any false or misleading information regarding the contents, instructors, location of classrooms or laboratory courses, or number of continuing education hours of any course approved under this administrative regulation.

Section 10. Complaints and Disciplinary Action Against a Prelicensing Provider or Continuing Educational Provider.

(1) A complaint against an approved provider shall be notarized and filed on the Complaint Form, form KBHI-7, which is incorporated by reference in 831 KAR 2:030.

(2) The board may deny, suspend, probate, or revoke the registration of any prelicensing course provider or continuing educational provider for:

(a) Obtaining or attempting to obtain registration or approval through fraud, deceit, false statement, or misrepresentation;

(b) Failing to timely provide complete and accurate information in registration materials;

(d) Failing to maintain, or provide to the board upon request, any required records regarding courses;

(e) Failing to take attendance at any approved course; or

(f) Failing to comply with any other duty established for providers in this administrative regulation.

(3) The board shall issue written notice of disciplinary action by certified mail sent to the prelicensing course or continuing educational provider's address on file with the board and inform the provider:

(a) Of the disciplinary action being taken by the board;

(b) Of the specific reason for the board's action, including:

The statutory or regulatory violation; and
The factual basis on which the disciplinary action is based; and

(c) That the provider may request an administrative hearing on the board's proposed disciplinary action by written request to the board, postmarked or delivered no more than ten (10) calendar days following the date of the board's notice.

(5) A provider whose approval has been revoked shall not be approved for two (2) years from the date of revocation.

Section 11. Continuing Education for Licensees.

(1) The continuing education requirements of this section shall apply only to those licensees who will have been licensed at least twelve (12) months at license renewal.

(2)

(a) Each licensee who renews a license in an odd year shall have at least fourteen (14) hours of continuing education per license year.

(b) Each licensee who renews a license during an even year shall have at least twenty-eight (28) hours of continuing education during the license biennial period.

(3) Satisfaction of the educational requirements in Section 11(2)(a) and (b) shall consist of a minimum of:

(a) Three (3) hours in KRS 198B.700 to 198B.738 and 831 KAR Chapter 2;

(b) Three (3) hours in report writing; and

(c)

Eight (8) hours in elective courses.
Elective courses may be technical or non-technical in subject matter.
Technical courses include identification and determination, as applicable within the standards of practice.
For a licensee satisfying the education requirement in Section 11(2)(a), non-technical courses shall be limited to three (3) hours of instruction for credit.
For a licensee satisfying the education requirement in Section 11(2)(b), non-technical courses shall be limited to six (6) hours of instruction for credit.

(4) An approved prelicensing course shall satisfy the initial fourteen (14) hour continuing education requirement.

(5) The continuing education courses established in subsection (3)(a) and (b) of this section shall be completed face-to-face. An online continuing education course shall not satisfy the continuing education requirement for each respective category.

(6) A maximum of three (3) hours per license year shall be awarded for teaching part of a home inspection continuing education course as applied to the appropriate content area established in subsection (3)(a) through (c) of this section.

(7) A maximum of three (3) hours per license year shall be awarded to a board member who is licensed and who has attended not less than eighty (80) percent of the board meetings each license year. The hours awarded shall apply to the content area established in subsection (3)(a) of this section.

(8) A licensee shall not receive credit for the same continuing education course during a licensure period.

Section 12. Continuing Education Requirements for Inactive Licensees Returning to Active Status. An inactive licensee who wishes to reactivate his or her license shall complete either:

(1) Fourteen (14) hours of continuing education consistent with Sections 11 (3) and 11 (8) of this administrative regulation for each year that the license has been inactive; or

(2) A board approved sixty-four (64) hour prelicensing training course.

Section 13. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Continuing Education Course Provider", Form KBHI-4, 9/2018;

(b) "Application for Continuing Education Course", Form KBHI-5, 12/2018; and

History

RELATES TO: KRS Chapter 165A, 198B.706, 198B.712, 198B.722, 198B.724
STATUTORY AUTHORITY: KRS 198B.706, 198B.712(3)(c), 198B.722, 198B.724
NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.706(15) requires the Kentucky Board of Home Inspectors, with the approval of the executive director of the Kentucky Real Estate Authority, to promulgate administrative regulations to carry out the effective administration and requirements of KRS 198B.700 to 198B.738. KRS 198B.706(11) and 198B.724 require the board to establish requirements for continuing education courses and providers. KRS 198B.712(3)(c) requires an applicant to complete a board-approved course of study prior to seeking licensure. This administrative regulation establishes continuing education requirements for licensees and the procedures for obtaining board approval to be a prelicensing provider and a continuing education provider.
History: 32 Ky.R. 2405; 33 Ky.R. 781; eff. 10-6-2006; 41 Ky.R. 628; 1791; eff. 3-6-2015; 42 Ky.R. 2269, 2894; eff. 7-1-2016; 45 Ky.R. 1099; 2121; 2681; eff. 4-5-2019; Recodified from 815 KAR 6:040, 4-18-2019; Crt to Am 3-24-2026.

Title 831 KAR — Public Protection Cabinet - Kentucky Real Estate Authority

Chapter 1 Board of Auctioneers

831 KAR 1:010 Licensing fees and applications {#sec-831-kar-1-010 omnilex-key=us-ky-regs-official--title-831--831 KAR 1:010}

831 KAR 1:020 Standards of conduct and complaints {#sec-831-kar-1-020 omnilex-key=us-ky-regs-official--title-831--831 KAR 1:020}

831 KAR 1:030 Education requirements {#sec-831-kar-1-030 omnilex-key=us-ky-regs-official--title-831--831 KAR 1:030}

Chapter 2 Board of Home Inspectors

831 KAR 2:001 Definitions for 831 KAR Chapter 2 {#sec-831-kar-2-001 omnilex-key=us-ky-regs-official--title-831--831 KAR 2:001}

831 KAR 2:020 Licensing requirements {#sec-831-kar-2-020 omnilex-key=us-ky-regs-official--title-831--831 KAR 2:020}

831 KAR 2:030 Standards of conduct, complaints, and discipline {#sec-831-kar-2-030 omnilex-key=us-ky-regs-official--title-831--831 KAR 2:030}

831 KAR 2:040 Education and testing requirements and providers {#sec-831-kar-2-040 omnilex-key=us-ky-regs-official--title-831--831 KAR 2:040}

Continue your research in ChatGPT or Claude