Sec. 2. (a) If the total amount in the real estate recovery fund (including principal and interest) is less than four hundred fifty thousand dollars ($450,000) on June 30 in an odd-numbered year after the payment of all claims and expenses, the real estate commission shall assess a surcharge according to the following formula in order to maintain the fund at an approximate level of six hundred thousand dollars ($600,000):
STEP ONE: Determine the amount remaining in the fund on June 30 of the current year after all expenses and claims have been paid.
STEP TWO: Subtract the amount determined under STEP ONE from six hundred thousand dollars ($600,000).
STEP THREE: Determine the number of licensees who had licenses in effect on June 30 of the current year.
STEP FOUR: Divide the number determined under STEP TWO by the number determined under STEP THREE.
(b) The real estate commission shall assess the surcharge described in subsection (a) against each licensee who:
(1) receives an initial license; or
(2) receives a renewal license.
(c) The real estate commission shall assess the surcharge described in subsection (a) for the two (2) year period beginning on July 1 of the current year through June 30 of the next odd-numbered year.
(d) The surcharge assessed under this section is in addition to any other fee under this article.
(e) This section does not apply to a person who:
(1) receives an initial license or certificate; or
(2) receives a renewal license or certificate;
under the real estate appraiser licensure and certification program established under IC 25-34.1-3-8.
As added by P.L.255-1987, SEC.6. Amended by P.L.143-1990, SEC.10; P.L.183-1991, SEC.9.
Structure Indiana Code
Title 25. Professions and Occupations
Article 34.1. Real Estate Brokers and Salespersons
Chapter 7. Real Estate Recovery Fund
25-34.1-7-1. Establishment of Fund; Administration; Investments
25-34.1-7-2. Surcharge; Formula; Assessment; Application of Section
25-34.1-7-2.1. Reversion of Excess Funds
25-34.1-7-3. Interest on Investments; Payment of Expenses
25-34.1-7-6. Agent for Service of Process
25-34.1-7-7. Limitation of Actions; Notice of Commencement of Action
25-34.1-7-8. Commission as Defendant; Hearings; Orders Directing Payment
25-34.1-7-9. Payment of Claims
25-34.1-7-10. Suspension of Judgment Debtor's License; Repayment of Fund; Interest