Section 442-I. State real estate board  


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  • 1. There is hereby established
      within the department of state a state real  estate  board  which  shall
      consist  of  the  secretary  of  state,  the  executive  director of the
      consumer protection board, 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.