Request By:
Cecil A. Beckett, G.R.I.
P.O. Box 745
Maysville, Kentucky 41056
Opinion
Opinion By: Robert F. Stephens, Attorney General; Nancy S. Marksberry, Assistant Attorney General
This is in response to your request for an opinion interpreting the interaction of KRS 324.046, - .047, and - .092, regarding the licensure of real estate salesmen. You present two issues:
(1) Whether a person licensed in September, 1978, must complete thirty classroom hours before the license renewal date of June 30, 1980, and
(2) Whether a person licensed prior to July 1, 1980, must have an additional 3 credit hours or 30 classroom hours for license renewal after July 1, 1980.
In order to properly address your questions, we begin with a brief explanation of these licensing requirements. Taken as a whole, the foregoing sections of KRS Chapter 324 accomplish a gradual implementation of additional instructional requirements for obtaining a real estate salesman's license. The initial educational requirement, as set forth in KRS 324.092, required thirty clock hours of classroom instruction within two years after the salesman obtained a license. This law became effective June 19, 1976, and all salesmen licensed after that date were required to complete the thirty hours of instruction in real estate courses within two years of licensure.
The next increment in the educational requirements occurred July 1, 1978, when all applicants were required to have successfully completed three academic credit hours in real estate courses. KRS 324.047(3). This same statute equated three academic credit hours with forty-eight clock hours of classroom instruction. Thus, the combined effect of KRS 324.047 and KRS 324.092 was to require three academic credit (forty-eight clock) hours prior to obtaining the license, and an additional thirty clock hours of instruction within two years after licensure. Again, this educational requirement affected only those persons applying for a license for the first time.
The final level in educational requirements occurs July 1, 1980, when all applicants are required to have successfully completed at least six academic (96 clock) hours in real estate courses. KRS 324.046(3). This same date, July 1, 1980, KRS 324.092 is repealed by its own terms. The ultimate result is that by July 1, 1980, a minimum of six academic credit hours is required prior to licensure.
With this in mind, we now address your questions in the order presented. It is our opinion that a person licensed for the first time in September, 1978, is required to complete thirty clock hours of classroom instruction within two years after the date the license is issued. KRS 324.090. See also 201 KAR 11:010. In your example, the salesman would have two years from September, 1978, or until September, 1980, to complete the additional thirty clock hours of instruction. His license could be renewed June 30, 1980, since the two year period would not have expired at that time.
Turning now to your second question, a person licensed before July 1, 1980, would be required to complete thirty clock hours of classroom instruction within two years of the date of licensure. Those persons licensed prior to July 1, 1980, need not complete three additional credit hours (forty-eight clock hours), but must complete only the required thirty clock hours of instruction to qualify for renewal of the license. In other words, only those persons applying for initial licensure after July 1, 1980, must have completed a minimum of six academic credit hours of classroom instruction prior to taking the examination. At this time, there is no additional educational requirement for those initially licensed after July 1, 1980.