Colorado § 12-10-206 - Real estate commission - created - compensation - immunity.

§ 12-10-206. Real estate commission - created - compensation - immunity.

(1) There is created a commission of five members, appointed by the governor, which shall administer parts 2 and 5 of this article 10. This commission is known as the real estate commission. The commission is a type 1 entity, as defined in section 24-1-105, and consists of three real estate brokers who have had not less than five years' experience in the real estate business in Colorado, one of whom has substantial experience in property management, and two representatives of the public at large. Members of the commission serve three-year terms. Upon the death, resignation, removal, or otherwise of any member of the commission, the governor shall appoint a member to fill out the unexpired term. The governor may remove any member for misconduct, neglect of duty, or incompetence.

(2) Each member of the commission shall receive the same compensation and reimbursement of expenses as those provided for members of boards and commissions in the division of professions and occupations pursuant to section 12-20-103 (6). Payment for all such per diem compensation and expenses shall be made out of annual appropriations from the division of real estate cash fund provided for in section 12-10-215.

(3) Members of the commission, consultants, expert witnesses, and complainants shall be immune from suit in any civil action based upon any disciplinary proceedings or other official acts they performed in good faith.

(4) No real estate broker's license shall be denied, suspended, or revoked except as determined by a majority vote of the members of the commission.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 623, § 1, effective October 1. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3391, § 109, effective August 10.

Editor's note: This section is similar to former § 12-61-105 as it existed prior to 2019.

Cross references: For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

ANNOTATION

Law reviews. For article, "Contract and Conveyance Documents — Broker Beware", see 11 Colo. Law. 2383 (1982).

The sole power of appointment of the members of the real estate brokers board is expressly conferred by this section upon the governor. People ex rel. Wade v. Downen, 106 Colo. 557, 108 P.2d 224 (1940) (decided under former law).