SENATE AMENDED
PRIOR PRINTER'S NOS. 1115, 2933 PRINTER'S NO. 4428
No. 949 Session of 2007
INTRODUCED BY R. STEVENSON, BAKER, BELFANTI, BOYD, CAPPELLI,
CREIGHTON, DeLUCA, FLECK, GEIST, GILLESPIE, GINGRICH,
HARHART, HERSHEY, KORTZ, McILHATTAN, MILLARD, R. MILLER,
MURT, MUSTIO, NAILOR, PICKETT, PYLE, REICHLEY, SAYLOR, STERN,
THOMAS, YOUNGBLOOD, EVERETT, HELM, DERMODY, DENLINGER,
LONGIETTI, PERRY AND SIPTROTH, MARCH 29, 2007
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, IN SENATE, AS AMENDED, SEPTEMBER 23, 2008
AN ACT
1 Amending the act of July 10, 1990 (P.L.404, No.98), entitled "An
2 act providing for the certification of real estate
3 appraisers; specifying requirements for certification;
4 providing for sanctions and penalties; and making an
5 appropriation," further providing for real estate appraiser <--
6 certification required, for State Board of Certified Real
7 Estate Appraisers, for powers and duties of board, for
8 application and qualifications, for reciprocity, for
9 certification and licensure renewal, for disciplinary and
10 corrective measures, for reinstatement, for reporting of
11 multiple certification, for surrender of suspended or revoked
12 certificate, for penalties and for injunctive relief. FURTHER <--
13 PROVIDING FOR REAL ESTATE APPRAISER CERTIFICATION REQUIRED,
14 FOR APPLICATION AND QUALIFICATIONS AND FOR CERTIFICATION
15 RENEWAL, LICENSURE RENEWAL AND RECORDS.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 3 of the act of July 10, 1990 (P.L.404, <--
19 No.98), known as the Real Estate Appraisers Certification Act,
20 amended July 2, 1996 (P.L.460, No.71), is amended to read:
21 Section 3. Real estate appraiser certification required.
1 It shall be unlawful[, on or after January 1, 1993,] for any
2 person to hold himself out as a State-certified real estate
3 appraiser or to perform appraisals required by the Financial
4 Institutions Reform, Recovery, and Enforcement Act of 1989
5 (Public Law 101-73, 103 Stat. 183) to be performed by a State-
6 certified or State-licensed real estate appraiser unless that
7 person holds an appropriate, current and valid [certification]
8 certificate from the board to perform real estate appraisals. It
9 shall be unlawful [two years after the effective date of this
10 act] for any person to perform real estate appraisals in
11 nonfederally related transactions unless that person holds a
12 valid certificate from the board to perform real estate
13 appraisals. It shall be unlawful for a person to hold himself
14 out as a licensed appraiser trainee without a current and valid
15 license issued by the board.
16 Section 2. Sections 4(a) and (c) and 5 of the act are
17 amended to read:
18 Section 4. State Board of Certified Real Estate Appraisers.
19 (a) Creation.--
20 (1) There is hereby created the State Board of Certified
21 Real Estate Appraisers as a departmental administrative board
22 in the Department of State. The board shall consist of [seven
23 members who are] the following members:
24 (i) The Secretary of the Commonwealth or a designee.
25 (ii) The Attorney General or a designee.
26 (iii) The Secretary of Banking or a designee.
27 (iv) Six State-certified real estate appraisers.
28 (v) Two public members.
29 (2) Members under subsection (a)(1)(iv) and (v) must be
30 citizens of the United States and [who have been] must be
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1 residents of this Commonwealth for a two-year period
2 immediately prior to appointment.[, two of whom shall be
3 public members, four of whom shall be persons who are State-
4 certified real estate appraisers and one of whom shall be the
5 Secretary of the Commonwealth or his or her designee. For the
6 initial board appointments, the four professional members
7 need not be certified at the time of appointment but shall
8 have appropriate appraisal experience and education and shall
9 have demonstrated adherence to standards of professional
10 practice.]
11 * * *
12 [(c) Initial appointments.--Within 90 days of the effective
13 date of this act, the Governor shall nominate one professional
14 member to serve a four-year term; one public member and one
15 professional member to serve three-year terms; one public member
16 and one professional member to serve two-year terms; and one
17 professional member to serve a one-year term.]
18 * * *
19 Section 5. Powers and duties of board.
20 The board shall have the following powers and duties:
21 (1) To pass upon the qualifications and fitness of
22 applicants for certification or licensure and to adopt and
23 revise rules and regulations requiring applicants for
24 certification to pass examinations relating to their
25 qualifications for certification.
26 (2) To adopt and, from time to time, revise such rules
27 and regulations as may be necessary to carry out the
28 provisions of this act. Such regulations shall include, but
29 not be limited to, standards of professional appraisal
30 practice requiring that appraisals be performed in accordance
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1 with generally accepted appraisal standards as required
2 pursuant to the Financial Institutions Reform, Recovery, and
3 Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183).
4 (3) To examine for, deny, approve, issue, revoke,
5 suspend or renew certificates of appraisers pursuant to this
6 act and to conduct hearings in connection therewith.
7 (3.1) To deny, approve, issue, revoke, suspend or renew
8 licenses of appraiser trainees pursuant to this act and to
9 conduct hearings in connection therewith.
10 (4) To conduct hearings upon complaints concerning
11 violations of the provisions of this act and the rules and
12 regulations adopted pursuant to this act and seek the
13 prosecution and enjoinder of all such violations.
14 (5) To expend moneys necessary to the proper carrying
15 out of its assigned duties.
16 (6) To establish fees for the operation of the board,
17 including fees for the issuance and renewal of certificates
18 and licenses and for examinations.
19 (7) To submit annually a report to the Professional
20 Licensure Committee of the House of Representatives and the
21 Consumer Protection and Professional Licensure Committee of
22 the Senate containing a description of the types of
23 complaints received, status of the cases, board action which
24 has been taken and length of time from the initial complaint
25 to final board resolution.
26 (8) To submit annually to the Department of State, an
27 estimate of the financial requirements of the board for its
28 administrative, investigative, legal and miscellaneous
29 expenses.
30 (9) To submit annually to the Appropriations Committees
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1 of the House of Representatives and the Senate, 15 days after
2 the Governor has submitted his budget to the General
3 Assembly, a copy of the budget request for the upcoming
4 fiscal year which the board previously submitted to the
5 Department of State.
6 (10) To submit annually pursuant to the Financial
7 Institutions Reform, Recovery, and Enforcement Act of 1989 a
8 roster listing individuals who have received State
9 certification or licensure.
10 Section 3. Section 6(b), (c) and (f) of the act, amended
11 October 18, 2000 (P.L.600, No.77), are amended and the section
12 is amended by adding a subsection to read:
13 Section 6. Application and qualifications.
14 * * *
15 (b) Classification to be specified.--The application for
16 examination, original certification or license and renewal of
17 certification or license shall specify the classification being
18 applied for.
19 (c) Application.--An applicant for certification as a
20 certified real estate appraiser or for a license as a licensed
21 appraiser trainee shall submit a written application on forms
22 provided by the board. The application and any and all
23 documentation submitted with the application shall be subscribed
24 and sworn to before a notary public. The applicant shall be held
25 responsible for the statements contained in the application. The
26 making of a false statement in an application may constitute a
27 ground for certification or license denial or revocation. The
28 application shall evidence that:
29 (1) He or she is of good moral character.
30 (2) His or her application has been accompanied by the
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1 application fee.
2 * * *
3 (f) Definition of subjects.--The board shall prescribe and
4 define the subjects related to real property appraisal and the
5 experience in real property appraisal which will satisfy the
6 requirements of subsections (d)[and (e)], (e) and (i). To the
7 extent permitted pursuant to the Financial Institutions Reform,
8 Recovery, and Enforcement Act of 1989 with regard to certified
9 appraisers, the board may give credit to an applicant for
10 classroom hours of academic experience successfully completed
11 prior to the board's prescription and definition of subjects
12 pursuant to this subsection.
13 * * *
14 (i) Appraiser trainee license.--In addition to the
15 certificates authorized in subsection (a), the board may issue
16 an appraiser trainee license to an individual who, in addition
17 to meeting the other requirements of this act, meets the
18 appraiser trainee educational requirements of the Appraiser
19 Qualifications Board of the Appraisal Foundation and who does
20 not already hold an appraiser credential under subsection (a)(1)
21 or (2). A licensed appraiser trainee shall operate under the
22 direct supervision of an individual holding certification
23 pursuant to subsection (a)(1) or (2) for the purpose of
24 completing the experience requirement for an appraiser
25 credential set forth in subsection (a)(1) or (2). The board
26 shall promulgate regulations which adopt the supervision
27 requirements for the trainee real property appraiser
28 classification set forth by the Appraiser Qualifications Board
29 of the Appraisal Foundation. A licensed appraiser trainee shall
30 be permitted to assist in the performance of any appraisal that
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1 is within the supervisory appraiser's scope of practice.
2 Section 3.1. Section 7 of the act is amended to read:
3 Section 7. Reciprocity.
4 The board shall have the power to grant a reciprocal
5 [certification] certificate or license to an applicant who is
6 certified as an appraiser or licensed as an appraiser trainee in
7 another state and has demonstrated qualifications which equal or
8 exceed those required pursuant to this act in the determination
9 of the board, provided that no certificate or license shall be
10 granted under this section to an applicant unless the state in
11 which the applicant is certified or licensed affords reciprocal
12 treatment to persons who are residents of this Commonwealth and
13 who are certified or licensed pursuant to this act.
14 Section 4. Section 10 of the act, amended December 20, 2000
15 (P.L.733, No.103), is amended to read:
16 Section 10. Certification and licensure renewal; records.
17 (a) Renewal term.--Renewal of certification or licensure
18 shall be on a biennial basis for persons in good standing,
19 except that the board may prescribe limitations on the number of
20 times that a licensed appraiser trainee may renew such license.
21 (b) Continuing education for residential and general
22 appraisers.--The board shall by regulation require evidence of
23 professional activity or continuing education as a condition of
24 certification renewal of residential and general appraisers if,
25 and only to the minimum extent, required pursuant to the
26 Financial Institutions Reform, Recovery, and Enforcement Act of
27 1989 (Public Law 101-73, 103 Stat. 183). No credit shall be
28 given for any course in office management or practice building.
29 (b.1) Continuing education for broker/appraisers.--
30 Broker/appraisers shall be subject to the same continuing
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1 education requirements for certification renewal as residential
2 and general appraisers. The board shall have the power and
3 authority to promulgate regulations to prescribe evidence of
4 continuing education required for certification renewal pursuant
5 to this section.
6 (b.2) Continuing education for licensed appraiser
7 trainees.--The board shall by regulation require evidence of
8 continuing education as a condition of licensure renewal for
9 licensed appraiser trainees. The board shall promulgate
10 regulations which adopt the continuing education requirements
11 for licensed appraiser trainees as set forth by the Appraiser
12 Qualifications Board of the Appraisal Foundation. As a condition
13 of licensure renewal, licensed appraiser trainees shall comply
14 with mandatory continuing education requirements established by
15 the board through regulation.
16 (c) Records.--A record of all persons licensed as appraiser
17 trainees and all persons certified as real estate appraisers in
18 this Commonwealth shall be kept in the office of the board and
19 shall be open to public inspection and copying upon payment of a
20 nominal fee for copying the record. Each certificateholder and
21 licensee shall advise the board of the address of his or her
22 principal place of business.
23 Section 5. Section 11 of the act, amended July 2, 1996
24 (P.L.460, No.71), is amended to read:
25 Section 11. Disciplinary and corrective measures.
26 (a) Authority of board.--The board may deny, suspend or
27 revoke certificates or licenses, or limit, restrict or reprimand
28 a certificateholder or licensee for any of the following causes:
29 (1) Procuring or attempting to procure a certificate or
30 license or renewal of a certificate or license pursuant to
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1 this act by knowingly making a false statement, submitting
2 false information or refusing to provide complete information
3 in response to a question in an application for certification
4 or licensure or renewal of certification or licensure through
5 any form of fraud or misrepresentation.
6 (2) Failing to meet the minimum qualifications
7 established by this act.
8 (3) Paying, or offering to pay, any valuable
9 consideration other than provided for by this act to any
10 member or employee of the board to procure a certificate or
11 license under this act.
12 (4) Being convicted of or pleading guilty to a crime
13 which is substantially related to the qualifications,
14 functions and duties of a person developing real property
15 appraisals and communicating real property appraisals to
16 others.
17 (5) Performing an act or omitting an act when such
18 performance or omission involves dishonesty, fraud or
19 misrepresentation with intent to substantially benefit the
20 certificateholder or licensee in his profession or with the
21 intent to substantially injure another person.
22 (6) Violating any of the standards for the development
23 or communication of real property appraisals as required
24 pursuant to this act or the Financial Institutions Reform,
25 Recovery, and Enforcement Act of 1989 (Public Law 101-73, 103
26 Stat. 183).
27 (7) Failing or refusing, without good cause, to exercise
28 reasonable diligence in developing an appraisal, preparing an
29 appraisal report or communicating an appraisal.
30 (8) Negligently or incompetently developing an
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1 appraisal, preparing an appraisal report or communicating an
2 appraisal.
3 (8.1) With respect to an individual holding
4 certification under section 6(a)(1) or (2), failing to
5 properly supervise a licensed appraiser trainee.
6 (9) Willfully disregarding or violating any of the
7 provisions of this act or the guidelines or regulations of
8 the board for the administration and enforcement of the
9 provisions of this act.
10 (10) Accepting an appraisal assignment when the
11 employment itself is contingent upon the appraiser's
12 reporting a predetermined analysis or opinion, or where the
13 fee to be paid for the performance of the appraisal
14 assignment is contingent upon the opinion, conclusion or
15 valuation reached, or upon the consequence resulting from the
16 appraisal assignment.
17 (11) Violating the confidential nature of records to
18 which the appraiser gained access through employment or
19 engagement as an appraiser.
20 (12) Making the fee or compensation contingent upon an
21 award or recovery in any case where the amount of the award
22 or recovery would be affected by the appraisal.
23 (13) Basing the fee or compensation on a percentage of
24 the final estimate of value.
25 (14) Contracting for or accepting compensation for
26 appraisal services in the form of a commission, rebate,
27 division of brokerage commissions or any other similar form.
28 (15) Having a license or certificate to assist in
29 performing or perform appraisals suspended, revoked or
30 refused by an appraisal licensure or certification authority
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1 of another state, territory or country, or receiving other
2 disciplinary actions by the appraisal licensure or
3 certification authority of another state, territory or
4 country.
5 (b) Board action.--When the board finds that the
6 [certification] certificate or license or application for
7 certification or licensure or renewal of [any person]
8 certification or licensure may be denied, revoked, restricted or
9 suspended under the terms of subsection (a), the board may:
10 (1) Deny the application for [certification] renewal.
11 (2) Administer a public reprimand.
12 (3) Revoke, suspend, limit or otherwise restrict a
13 certificate or license as determined by the board.
14 (4) Suspend enforcement of its findings thereof and
15 place a certificateholder or licensee on probation with the
16 right to vacate the probationary order for noncompliance.
17 (5) Restore a suspended [certification] certificate or
18 license and impose any disciplinary or corrective measure
19 which it might originally have imposed.
20 (c) Hearing.--All actions of the board shall be taken
21 subject to the right of notice, hearing and adjudication and the
22 right of appeal therefrom in accordance with 2 Pa.C.S. (relating
23 to administrative law and procedure). Appeals from actions of
24 the board shall be taken to Commonwealth Court or to such other
25 court as prescribed by law.
26 Section 6. Sections 12, 13, 14, 15 and 17 of the act are
27 amended to read:
28 Section 12. Reinstatement of certificate or license.
29 Unless ordered to do so by Commonwealth Court or an appeal
30 therefrom, the board shall not reinstate the certificate or
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1 license of a person to practice as a certified real estate
2 appraiser, or as a licensed appraiser trainee, pursuant to this
3 act, which has been revoked. Any person whose [certification]
4 certificate or license has been revoked may apply for
5 reinstatement, after a period of at least five years, but must
6 meet all of the certification or licensure qualifications of
7 this act, including [the] any examination requirement, if he or
8 she desires to hold himself or herself out or to practice as a
9 certified real estate appraiser or as a licensed appraiser
10 trainee pursuant to this act at any time after such revocation.
11 Section 13. Reporting of multiple certification.
12 [Any appraiser certified in this Commonwealth] An individual
13 certified or licensed under this act who is also certified or
14 licensed to perform appraisals in any other state, territory or
15 country shall report this information to the board on the
16 biennial renewal application. Any disciplinary action taken in
17 any other state, territory or country shall be reported to the
18 board on the biennial renewal application, or within 90 days of
19 disposition, whichever is sooner. Multiple licensure or
20 certification shall be noted by the board on the [certified
21 appraiser's] individual's record, and such state, territory or
22 country shall be notified by the board of any disciplinary
23 actions taken against [said certified appraiser] the individual
24 in this Commonwealth.
25 Section 14. Surrender of suspended or revoked certificate.
26 The board shall require a person whose [certification]
27 certificate or license has been suspended or revoked to return
28 the certificate or license in such manner as the board directs.
29 Failure to do so shall be a misdemeanor of the third degree.
30 Section 15. Penalties.
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1 (a) Criminal penalties.--A person who violates this act
2 commits a misdemeanor of the third degree and shall, upon
3 conviction, be sentenced to pay a fine of up to $1,000 or to
4 imprisonment for not more than 90 days, or both.
5 (b) Civil penalty.--In addition to any other civil remedy or
6 criminal penalty provided for in this act, the board, by a vote
7 of the majority of the maximum number of the authorized
8 membership of the board as provided by law, or by a vote of the
9 majority of the duly qualified and confirmed membership or a
10 minimum of three members, whichever is greater, may levy a civil
11 penalty of up to $1,000 on any [current] certificateholder or
12 licensee who violates any provision of this act [or on any
13 person], any noncertificateholder who holds himself or herself
14 out as a certified real estate appraiser or [performs
15 appraisals] a real estate appraiser, any nonlicensee who holds
16 himself or herself out as a licensed appraiser trainee or
17 appraiser trainee or any noncertificateholder or nonlicensee who
18 performs an appraisal or acts relating to an appraisal for which
19 certification or licensure is required pursuant to this act or
20 the Financial Institutions Reform, Recovery, and Enforcement Act
21 of 1989 (Public Law 101-73, 103 Stat. 183) [without being so
22 certified pursuant to this act]. The board shall levy this
23 penalty only after affording the accused party the opportunity
24 for a hearing, as provided in 2 Pa.C.S. (relating to
25 administrative law and procedure).
26 (c) Disposition.--All fines and civil penalties imposed in
27 accordance with this section shall be paid into the Professional
28 Licensure Augmentation Account.
29 Section 17. Injunctive relief.
30 (a) Injunction.--A violation of section 3 may be enjoined by
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1 the courts upon petition of the secretary or the board. In any
2 proceeding under this section, it shall not be necessary to show
3 that any person is individually injured by the actions
4 complained of. If the court finds that the respondent has
5 violated section 3, it shall enjoin him or her from so
6 practicing or holding himself or herself out until he or she has
7 been duly certified or licensed. Procedure in such cases shall
8 be the same as in any other injunction suit.
9 (b) Remedy cumulative.--The injunctive remedy provided in
10 this section shall be in addition to any other civil or criminal
11 prosecution and punishment.
12 Section 7. The board shall promulgate regulations to carry
13 into effect the provisions of this act within 18 months of the
14 effective date of this section.
15 Section 8. This act shall take effect as follows:
16 (1) This section shall take effect immediately.
17 (2) Section 7 of this act shall take effect immediately.
18 (3) The remainder of this act shall take effect in 60
19 days.
20 SECTION 1. SECTIONS 3, 6 AND 10 OF THE ACT OF JULY 10, 1990 <--
21 (P.L.404, NO.98), KNOWN AS THE REAL ESTATE APPRAISERS
22 CERTIFICATION ACT, AMENDED JULY 8, 2008 (P.L.833, NO.59), ARE
23 AMENDED TO READ:
24 SECTION 3. REAL ESTATE APPRAISER CERTIFICATION REQUIRED.
25 IT SHALL BE UNLAWFUL FOR ANY PERSON TO DO ANY OF THE
26 FOLLOWING:
27 (1) TO HOLD HIMSELF OUT AS A STATE-CERTIFIED REAL ESTATE
28 APPRAISER OR TO PERFORM APPRAISALS REQUIRED BY THE FINANCIAL
29 INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989
30 (PUBLIC LAW 101-73, 103 STAT. 183) TO BE PERFORMED BY A
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1 STATE-CERTIFIED OR STATE-LICENSED REAL ESTATE APPRAISER
2 UNLESS THAT PERSON HOLDS AN APPROPRIATE, CURRENT AND VALID
3 CERTIFICATE FROM THE BOARD TO PERFORM REAL ESTATE APPRAISALS.
4 (2) TO PERFORM REAL ESTATE APPRAISALS IN NONFEDERALLY
5 RELATED TRANSACTIONS UNLESS THAT PERSON HOLDS AN APPROPRIATE,
6 CURRENT AND VALID CERTIFICATE [OR LICENSE] FROM THE BOARD TO
7 PERFORM REAL ESTATE APPRAISALS.
8 (3) TO HOLD HIMSELF OUT AS A REAL ESTATE APPRAISER OR
9 APPRAISER TRAINEE WITHOUT AN APPROPRIATE, CURRENT AND VALID
10 CERTIFICATE OR LICENSE FROM THE BOARD.
11 SECTION 6. APPLICATION AND QUALIFICATIONS.
12 (A) CLASSES OF CERTIFICATION.--THERE SHALL BE THREE CLASSES
13 OF CERTIFIED REAL ESTATE APPRAISERS AS FOLLOWS:
14 (1) CERTIFIED RESIDENTIAL APPRAISER, WHICH SHALL CONSIST
15 OF THOSE PERSONS APPLYING FOR AND GRANTED CERTIFICATION
16 RELATING SOLELY TO THE APPRAISAL OF RESIDENTIAL REAL PROPERTY
17 IN ACCORDANCE WITH THE CRITERIA ESTABLISHED BY THE APPRAISER
18 QUALIFICATIONS BOARD OF THE APPRAISAL FOUNDATION REQUIRED
19 PURSUANT TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND
20 ENFORCEMENT ACT OF 1989 (PUBLIC LAW 101-73, 103 STAT. 183).
21 (2) CERTIFIED GENERAL APPRAISER, WHICH SHALL CONSIST OF
22 THOSE PERSONS APPLYING FOR AND GRANTED CERTIFICATION RELATING
23 TO THE APPRAISAL OF BOTH RESIDENTIAL AND NONRESIDENTIAL REAL
24 PROPERTY WITHOUT LIMITATION IN ACCORDANCE WITH THE CRITERIA
25 ESTABLISHED BY THE APPRAISER QUALIFICATIONS BOARD OF THE
26 APPRAISAL FOUNDATION REQUIRED PURSUANT TO THE FINANCIAL
27 INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989
28 (PUBLIC LAW 101-73, 103 STAT. 183).
29 (3) BROKER/APPRAISER, WHICH SHALL CONSIST OF THOSE
30 PERSONS WHO, AS OF SEPTEMBER 3, 1996, WERE LICENSED REAL
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1 ESTATE BROKERS UNDER THE ACT OF FEBRUARY 19, 1980 (P.L.15,
2 NO.9), KNOWN AS THE REAL ESTATE LICENSING AND REGISTRATION
3 ACT, AND WHO, BY SEPTEMBER 3, 1998, MADE APPLICATION TO THE
4 BOARD AND WERE GRANTED WITHOUT EXAMINATION A BROKER/APPRAISER
5 CERTIFICATE. A HOLDER OF A BROKER/APPRAISER CERTIFICATE SHALL
6 ONLY BE PERMITTED TO PERFORM THOSE REAL PROPERTY APPRAISALS
7 THAT WERE PERMITTED TO BE PERFORMED BY A LICENSED REAL ESTATE
8 BROKER UNDER THE REAL ESTATE LICENSING AND REGISTRATION ACT
9 AS OF SEPTEMBER 3, 1996. A HOLDER OF A BROKER/APPRAISER
10 CERTIFICATE IS NOT AUTHORIZED TO PERFORM REAL ESTATE
11 APPRAISALS PURSUANT TO THE FINANCIAL INSTITUTIONS REFORM,
12 RECOVERY, AND ENFORCEMENT ACT OF 1989.
13 (A.1) APPRAISER TRAINEE LICENSE.--IN ADDITION TO THE
14 CERTIFICATES AUTHORIZED IN SUBSECTION (A), THE BOARD SHALL ISSUE
15 AN APPRAISER TRAINEE LICENSE, WITHOUT EXAMINATION, TO ANY PERSON
16 WHO MEETS THE APPRAISER TRAINEE EDUCATIONAL REQUIREMENTS SET BY
17 THE BOARD AND WHO DOES NOT ALREADY HOLD AN APPRAISER CREDENTIAL
18 UNDER SUBSECTION (A). AN APPRAISER TRAINEE SHALL OPERATE UNDER
19 THE DIRECT SUPERVISION OF ONE CERTIFIED RESIDENTIAL APPRAISER OR
20 CERTIFIED GENERAL APPRAISER FOR THE PURPOSE OF COMPLETING THE
21 EXPERIENCE REQUIREMENT FOR AN APPRAISER CREDENTIAL IN SUBSECTION
22 (A). AN [APPRAISAL] APPRAISER TRAINEE SHALL BE PERMITTED TO
23 ASSIST IN THE PERFORMANCE OF ANY APPRAISAL THAT IS WITHIN THE
24 SUPERVISORY APPRAISER'S SCOPE OF PRACTICE. THE SUPERVISORY
25 APPRAISER SHALL BE IN GOOD STANDING, HAVE AT LEAST FIVE YEARS OF
26 EXPERIENCE AS A CERTIFIED RESIDENTIAL APPRAISER OR CERTIFIED
27 GENERAL APPRAISER AND SHALL NOT SUPERVISE MORE THAN THREE
28 APPRAISER TRAINEES.
29 (B) CLASSIFICATION TO BE SPECIFIED.--THE APPLICATION FOR
30 EXAMINATION, ORIGINAL CERTIFICATION OR LICENSE AND RENEWAL OF
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1 CERTIFICATION OR LICENSE SHALL SPECIFY THE CLASSIFICATION BEING
2 APPLIED FOR.
3 (C) APPLICATION.--AN APPLICANT FOR CERTIFICATION OR LICENSE
4 SHALL SUBMIT A WRITTEN APPLICATION ON FORMS PROVIDED BY THE
5 BOARD. THE APPLICATION AND ANY AND ALL DOCUMENTATION SUBMITTED
6 WITH THE APPLICATION SHALL BE SUBSCRIBED AND SWORN TO BEFORE A
7 NOTARY PUBLIC. THE APPLICANT SHALL BE HELD RESPONSIBLE FOR THE
8 STATEMENTS CONTAINED IN THE APPLICATION. THE MAKING OF A FALSE
9 STATEMENT IN AN APPLICATION MAY CONSTITUTE A GROUND FOR
10 CERTIFICATION OR LICENSE DENIAL OR REVOCATION. THE APPLICATION
11 SHALL EVIDENCE THAT:
12 (1) HE OR SHE IS OF GOOD MORAL CHARACTER.
13 (2) HIS OR HER APPLICATION HAS BEEN ACCOMPANIED BY THE
14 APPLICATION FEE.
15 (D) RESIDENTIAL APPRAISER CERTIFICATION.--AS A PREREQUISITE
16 TO TAKING THE EXAMINATION FOR CERTIFICATION RELATING SOLELY TO
17 THE APPRAISAL OF RESIDENTIAL REAL PROPERTY, AN APPLICANT SHALL,
18 IN ADDITION TO MEETING THE REQUIREMENTS OF SUBSECTION (C), MEET
19 THE MINIMUM EDUCATION AND EXPERIENCE REQUIREMENTS ESTABLISHED
20 PURSUANT TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND
21 ENFORCEMENT ACT OF 1989.
22 (E) GENERAL APPRAISER CERTIFICATION.--AS A PREREQUISITE TO
23 TAKING THE EXAMINATION FOR THE GENERAL CERTIFICATION RELATING TO
24 THE APPRAISAL OF REAL PROPERTY, AN APPLICANT SHALL, IN ADDITION
25 TO MEETING THE REQUIREMENTS OF SUBSECTION (C), MEET THE MINIMUM
26 EDUCATION AND EXPERIENCE REQUIREMENTS ESTABLISHED PURSUANT TO
27 THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT
28 OF 1989.
29 (F) DEFINITION OF SUBJECTS.--THE BOARD SHALL PRESCRIBE AND
30 DEFINE THE SUBJECTS RELATED TO REAL PROPERTY APPRAISAL AND THE
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1 EXPERIENCE IN REAL PROPERTY APPRAISAL WHICH WILL SATISFY THE
2 REQUIREMENTS OF SUBSECTIONS (A), (A.1), (D) AND (E). TO THE
3 EXTENT PERMITTED PURSUANT TO THE FINANCIAL INSTITUTIONS REFORM,
4 RECOVERY, AND ENFORCEMENT ACT OF 1989 WITH REGARD TO CERTIFIED
5 RESIDENTIAL AND GENERAL APPRAISERS, THE BOARD MAY GIVE CREDIT TO
6 AN APPLICANT FOR CLASSROOM HOURS OF ACADEMIC EXPERIENCE
7 SUCCESSFULLY COMPLETED PRIOR TO THE BOARD'S PRESCRIPTION AND
8 DEFINITION OF SUBJECTS PURSUANT TO THIS SUBSECTION.
9 (G) EXAMINATIONS.--EXAMINATIONS FOR CERTIFICATION [OR
10 LICENSE] SHALL BE SELECTED IN ACCORDANCE WITH THE FINANCIAL
11 INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989.
12 EXAMINATIONS SHALL BE PREPARED AND ADMINISTERED BY A QUALIFIED
13 AND APPROVED PROFESSIONAL TESTING ORGANIZATION IN ACCORDANCE
14 WITH SECTION 812.1 OF THE ACT OF APRIL 9, 1929 (P.L.177,
15 NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
16 (I) REAL ESTATE BROKERS AS APPRAISERS.--
17 (1) NOTHING IN THIS SECTION SHALL PRECLUDE A LICENSED
18 REAL ESTATE BROKER FROM ALSO HOLDING [AN APPRAISER] A LICENSE
19 OR CERTIFICATE UNDER SUBSECTION (A)(1) OR (2) OR (A.1).
20 (2) ALL PERSONS HOLDING A BROKER/APPRAISER CERTIFICATE
21 UNDER SUBSECTION (A)(3) SHALL BE ENTITLED TO HOLD THE
22 CERTIFICATE FOR THE ENTIRE TERM AND SHALL BE ENTITLED AND
23 SUBJECT TO THE PRIVILEGES, OBLIGATIONS AND RENEWALS WHICH
24 ACCOMPANY THE CERTIFICATE.
25 SECTION 10. CERTIFICATION RENEWAL, LICENSURE RENEWAL AND
26 RECORDS.
27 (A) RENEWAL TERM.--[RENEWAL]
28 (1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), RENEWAL OF
29 CERTIFICATION OR LICENSURE SHALL BE ON A BIENNIAL BASIS FOR
30 PERSONS IN GOOD STANDING.
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1 (2) THE BOARD MAY PRESCRIBE LIMITATIONS ON THE NUMBER OF
2 TIMES A LICENSED APPRAISER TRAINEE MAY RENEW A LICENSE.
3 (B) CONTINUING EDUCATION FOR RESIDENTIAL AND GENERAL
4 APPRAISERS.--THE BOARD SHALL BY REGULATION REQUIRE EVIDENCE OF
5 PROFESSIONAL ACTIVITY OR CONTINUING EDUCATION AS A CONDITION OF
6 CERTIFICATION RENEWAL OF RESIDENTIAL AND GENERAL APPRAISERS IF,
7 AND ONLY TO THE MINIMUM EXTENT, REQUIRED PURSUANT TO THE
8 FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF
9 1989 (PUBLIC LAW 101-73, 103 STAT. 183). NO CREDIT SHALL BE
10 GIVEN FOR ANY COURSE IN OFFICE MANAGEMENT OR PRACTICE BUILDING.
11 (B.1) CONTINUING EDUCATION FOR BROKER/APPRAISERS.--
12 BROKER/APPRAISERS SHALL BE SUBJECT TO THE SAME CONTINUING
13 EDUCATION REQUIREMENTS FOR CERTIFICATION RENEWAL AS RESIDENTIAL
14 AND GENERAL APPRAISERS. THE BOARD SHALL HAVE THE POWER AND
15 AUTHORITY TO PROMULGATE REGULATIONS TO PRESCRIBE EVIDENCE OF
16 CONTINUING EDUCATION REQUIRED FOR CERTIFICATION RENEWAL PURSUANT
17 TO THIS SECTION.
18 (C) RECORDS.--A RECORD OF ALL PERSONS LICENSED AS APPRAISER
19 TRAINEES AND ALL PERSONS CERTIFIED AS REAL ESTATE APPRAISERS IN
20 THIS COMMONWEALTH SHALL BE KEPT IN THE OFFICE OF THE BOARD,
21 SHALL BE OPEN TO PUBLIC INSPECTION AND COPYING UPON PAYMENT OF A
22 NOMINAL FEE FOR COPYING THE RECORD AND SHALL BE ACCESSIBLE ON
23 THE BOARD'S INTERNET WEBSITE. EACH CERTIFICATEHOLDER AND
24 LICENSEE SHALL ADVISE THE BOARD OF THE ADDRESS OF HIS OR HER
25 PRINCIPAL PLACE OF BUSINESS.
26 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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