HOUSE AMENDED PRIOR PRINTER'S NOS. 527, 1651, 1751 PRINTER'S NO. 2206
No. 485 Session of 2007
INTRODUCED BY BROWNE, FERLO, BOSCOLA, ERICKSON, RHOADES, COSTA, BAKER, STACK AND WASHINGTON, MARCH 15, 2007
AS REPORTED FROM COMMITTEE ON COMMERCE, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 17, 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 application and qualifications, for <-- 8 disciplinary and corrective measures and for penalties. FOR <-- 9 POWERS AND DUTIES OF BOARD, FOR APPLICATION AND 10 QUALIFICATIONS, FOR CERTIFICATION RENEWAL AND RECORDS, FOR 11 DISCIPLINARY AND CORRECTIVE MEASURES, FOR REINSTATEMENT OF 12 CERTIFICATE, FOR SURRENDER OF SUSPENDED OR REVOKED 13 CERTIFICATE AND FOR PENALTIES. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 3 of the act of July 10, 1990 (P.L.404, 17 No.98), known as the Real Estate Appraisers Certification Act, 18 amended July 2, 1996 (P.L.460, No.71), is amended to read: 19 Section 3. Real estate appraiser certification required. 20 [It shall be unlawful, on or after January 1, 1993, for any 21 person to hold himself out as a State-certified real estate 22 appraiser or to perform appraisals required by the Financial
1 Institutions Reform, Recovery, and Enforcement Act of 1989 2 (Public Law 101-73, 103 Stat. 183) to be performed by a State- 3 certified or State-licensed real estate appraiser unless that 4 person holds an appropriate, current and valid certification 5 from the board to perform real estate appraisals. It shall be 6 unlawful two years after the effective date of this act for any 7 person to perform real estate appraisals in nonfederally related 8 transactions unless that person holds a valid certificate from 9 the board to perform real estate appraisals.] It shall be 10 unlawful for any person to do any of the following: 11 (1) To hold himself out as a State-certified real estate 12 appraiser or to perform appraisals required by the Financial 13 Institutions Reform, Recovery, and Enforcement Act of 1989 14 (Public Law 101-73, 103 Stat. 183) to be performed by a 15 State-certified or State-licensed real estate appraiser 16 unless that person holds an appropriate, current and valid 17 certificate from the board to perform real estate appraisals. 18 (2) To perform real estate appraisals in nonfederally 19 related transactions unless that person holds an appropriate, 20 current and valid certificate or license from the board to 21 perform real estate appraisals. 22 (3) To hold himself out as a real estate appraiser or 23 appraiser trainee without an appropriate, current and valid 24 certificate or license from the board. 25 Section 2. Section 4(a) of the act is amended to read: <-- 26 SECTION 2. SECTIONS 4(A) AND 5 OF THE ACT ARE AMENDED TO <-- 27 READ: 28 Section 4. State Board of Certified Real Estate Appraisers. 29 (a) Creation.--There is hereby created the State Board of 30 Certified Real Estate Appraisers as a departmental 20070S0485B2206 - 2 -
1 administrative board in the Department of State. The board shall 2 consist of [seven members who are citizens of the United States 3 and who have been residents of this Commonwealth for a two-year 4 period immediately prior to appointment, two of whom shall be 5 public members, four of whom shall be persons who are State- 6 certified real estate appraisers and one of whom shall be the 7 Secretary of the Commonwealth or his or her designee. For the 8 initial board appointments, the four professional members need 9 not be certified at the time of appointment but shall have 10 appropriate appraisal experience and education and shall have 11 demonstrated adherence to standards of professional practice.] 12 the following members: 13 (1) The Secretary of the Commonwealth or a designee. 14 (2) The Attorney General or a designee. 15 (3) The Secretary of Banking or a designee. 16 (4) Eight members who are citizens of the United States 17 and who have been residents of this Commonwealth for a two- 18 year period immediately prior to appointment, two of whom 19 shall be public members and six of whom shall be persons who 20 are State-certified real estate appraisers. 21 * * * 22 SECTION 5. POWERS AND DUTIES OF BOARD. <-- 23 THE BOARD SHALL HAVE THE FOLLOWING POWERS AND DUTIES: 24 (1) TO PASS UPON THE QUALIFICATIONS AND FITNESS OF 25 APPLICANTS FOR CERTIFICATION OR LICENSURE AND TO ADOPT AND 26 REVISE RULES AND REGULATIONS REQUIRING APPLICANTS FOR 27 CERTIFICATION TO PASS EXAMINATIONS RELATING TO THEIR 28 QUALIFICATIONS FOR CERTIFICATION. 29 (2) TO ADOPT AND, FROM TIME TO TIME, REVISE SUCH RULES 30 AND REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE 20070S0485B2206 - 3 -
1 PROVISIONS OF THIS ACT. SUCH REGULATIONS SHALL INCLUDE, BUT 2 NOT BE LIMITED TO, STANDARDS OF PROFESSIONAL APPRAISAL 3 PRACTICE REQUIRING THAT APPRAISALS BE PERFORMED IN ACCORDANCE 4 WITH GENERALLY ACCEPTED APPRAISAL STANDARDS AS REQUIRED 5 PURSUANT TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND 6 ENFORCEMENT ACT OF 1989 (PUBLIC LAW 101-73, 103 STAT. 183). 7 (3) TO EXAMINE FOR, DENY, APPROVE, ISSUE, REVOKE, 8 SUSPEND OR RENEW CERTIFICATES OF APPRAISERS AND LICENSES OF 9 APPRAISER TRAINEES PURSUANT TO THIS ACT AND TO CONDUCT 10 HEARINGS IN CONNECTION THEREWITH. 11 (4) TO CONDUCT HEARINGS UPON COMPLAINTS CONCERNING 12 VIOLATIONS OF THE PROVISIONS OF THIS ACT AND THE RULES AND 13 REGULATIONS ADOPTED PURSUANT TO THIS ACT AND SEEK THE 14 PROSECUTION AND ENJOINDER OF ALL SUCH VIOLATIONS. 15 (5) TO EXPEND MONEYS NECESSARY TO THE PROPER CARRYING 16 OUT OF ITS ASSIGNED DUTIES. 17 (6) TO ESTABLISH FEES FOR THE OPERATION OF THE BOARD, 18 INCLUDING FEES FOR THE ISSUANCE AND RENEWAL OF CERTIFICATES 19 AND LICENSES AND FOR EXAMINATIONS. 20 (7) TO SUBMIT ANNUALLY A REPORT TO THE PROFESSIONAL 21 LICENSURE COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE 22 CONSUMER PROTECTION AND PROFESSIONAL LICENSURE COMMITTEE OF 23 THE SENATE CONTAINING A DESCRIPTION OF THE TYPES OF 24 COMPLAINTS RECEIVED, STATUS OF THE CASES, BOARD ACTION WHICH 25 HAS BEEN TAKEN AND LENGTH OF TIME FROM THE INITIAL COMPLAINT 26 TO FINAL BOARD RESOLUTION. 27 (8) TO SUBMIT ANNUALLY TO THE DEPARTMENT OF STATE, AN 28 ESTIMATE OF THE FINANCIAL REQUIREMENTS OF THE BOARD FOR ITS 29 ADMINISTRATIVE, INVESTIGATIVE, LEGAL AND MISCELLANEOUS 30 EXPENSES. 20070S0485B2206 - 4 -
1 (9) TO SUBMIT ANNUALLY TO THE APPROPRIATIONS COMMITTEES 2 OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, 15 DAYS AFTER 3 THE GOVERNOR HAS SUBMITTED HIS BUDGET TO THE GENERAL 4 ASSEMBLY, A COPY OF THE BUDGET REQUEST FOR THE UPCOMING 5 FISCAL YEAR WHICH THE BOARD PREVIOUSLY SUBMITTED TO THE 6 DEPARTMENT OF STATE. 7 (10) TO SUBMIT ANNUALLY PURSUANT TO THE FINANCIAL 8 INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989 A 9 ROSTER LISTING INDIVIDUALS WHO HAVE RECEIVED STATE 10 CERTIFICATION. 11 Section 2.1. Section 6 of the act, amended July 2, 1996 12 (P.L.460, No.71) and October 18, 2000 (P.L.600, No.77), is 13 amended to read: 14 Section 6. Application and qualifications. 15 (a) Classes of certification.--There shall be three classes 16 of [certification for certified] certified real estate 17 appraisers as follows: 18 (1) [Residential] Certified Residential Appraiser, which 19 shall consist of those persons applying for and granted 20 certification relating solely to the appraisal of residential 21 real property [as] in accordance with the criteria 22 established by the Appraiser Qualifications Board of the 23 Appraisal Foundation required pursuant to the Financial 24 Institutions Reform, Recovery, and Enforcement Act of 1989 25 (Public Law 101-73, 103 Stat. 183). 26 (2) [General] Certified General Appraiser, which shall 27 consist of those persons applying for and granted 28 certification relating to the appraisal of both residential 29 and nonresidential real property without limitation [as] in 30 accordance with the criteria established by the Appraiser 20070S0485B2206 - 5 -
1 Qualifications Board of the Appraisal Foundation required 2 pursuant to the Financial Institutions Reform, Recovery, and 3 Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183). 4 (3) Broker/appraiser, which shall consist of those 5 persons who, [on the effective date of this act, are] as of 6 September 3, 1996, were licensed real estate brokers under 7 the act of February 19, 1980 (P.L.15, No.9), known as the 8 Real Estate Licensing and Registration Act, and who, [within 9 two years of the effective date of this act, make] by 10 September 3, 1998, made application to the board and [are] 11 were granted without examination a broker/appraiser 12 certificate. A holder of a broker/appraiser certificate shall 13 only be permitted to perform those real property appraisals 14 that were permitted to be performed by a licensed real estate 15 broker under the Real Estate Licensing and Registration Act 16 as of [the effective date of this act] September 3, 1996. A 17 holder of a broker/appraiser certificate is not authorized to 18 perform real estate appraisals pursuant to the Financial 19 Institutions Reform, Recovery, and Enforcement Act of 1989. 20 (a.1) Appraiser trainee license.--In addition to the 21 certificates authorized in subsection (a), the board shall issue 22 an appraiser trainee license, without examination, to any person 23 who meets the appraiser trainee educational requirements set by 24 the board and who does not already hold an appraiser credential 25 under subsection (a). An appraiser trainee shall operate under 26 the direct supervision of one Certified Residential Appraiser or 27 Certified General Appraiser for the purpose of completing the 28 experience requirement for an appraiser credential in subsection 29 (a). An appraisal trainee shall be permitted to assist in the 30 performance of any appraisal that is within the supervisory 20070S0485B2206 - 6 -
1 appraiser's scope of practice. The supervisory appraiser shall 2 be in good standing, have at least five years of experience as a 3 certified residential appraiser or certified general appraiser 4 and shall not supervise more than three appraiser trainees. 5 (b) Classification to be specified.--The application for 6 examination, original certification or license and renewal of 7 certification or license shall specify the classification being 8 applied for. 9 (c) Application.--An applicant for certification or license 10 [as a certified real estate appraiser] shall submit a written 11 application on forms provided by the board. The application and 12 any and all documentation submitted with the application shall 13 be subscribed and sworn to before a notary public. The applicant 14 shall be held responsible for the statements contained in the 15 application. The making of a false statement in an application 16 may constitute a ground for certification or license denial or 17 revocation. The application shall evidence that: 18 (1) He or she is of good moral character. 19 (2) His or her application has been accompanied by the 20 application fee. 21 (d) Residential Appraiser certification.--As a prerequisite 22 to taking the examination for certification relating solely to 23 the appraisal of residential real property, an applicant shall, 24 in addition to meeting the requirements of subsection (c), meet 25 the minimum education and experience requirements established 26 pursuant to the Financial Institutions Reform, Recovery, and 27 Enforcement Act of 1989. 28 (e) General Appraiser certification.--As a prerequisite to 29 taking the examination for the general certification relating to 30 the appraisal of real property, an applicant shall, in addition 20070S0485B2206 - 7 -
1 to meeting the requirements of subsection (c), meet the minimum 2 education and experience requirements established pursuant to 3 the Financial Institutions Reform, Recovery, and Enforcement Act 4 of 1989. 5 (f) Definition of subjects.--The board shall prescribe and 6 define the subjects related to real property appraisal and the 7 experience in real property appraisal which will satisfy the 8 requirements of subsections (a), (a.1), (d) and (e). To the 9 extent permitted pursuant to the Financial Institutions Reform, 10 Recovery, and Enforcement Act of 1989 with regard to certified 11 residential and general appraisers, the board may give credit to 12 an applicant for classroom hours of academic experience 13 successfully completed prior to the board's prescription and 14 definition of subjects pursuant to this subsection. 15 (g) Examinations.--Examinations for certification or license 16 shall be selected in accordance with the Financial Institutions 17 Reform, Recovery, and Enforcement Act of 1989. Examinations 18 shall be prepared and administered by a qualified and approved 19 professional testing organization in accordance with section 20 812.1 of the act of April 9, 1929 (P.L.177, No.175), known as 21 The Administrative Code of 1929. 22 (i) Real estate brokers as appraisers.-- 23 (1) Nothing in this section shall preclude a licensed 24 real estate broker from also holding an appraiser license or 25 certificate under subsection (a)(1) or (2) or (a.1). 26 (2) All persons holding a broker/appraiser certificate 27 under subsection (a)(3) shall be entitled to hold the 28 certificate for the entire term and shall be entitled and 29 subject to the privileges, obligations and renewals which 30 accompany the certificate. 20070S0485B2206 - 8 -
1 Section 3. Section 11(a) of the act is amended by adding <-- 2 paragraphs to read: 3 SECTION 2.2. SECTION 10 OF THE ACT, AMENDED DECEMBER 20, <-- 4 2000 (P.L.733, NO.103), IS AMENDED TO READ: 5 SECTION 10. CERTIFICATION RENEWAL[;], LICENSURE RENEWAL AND 6 RECORDS. 7 (A) RENEWAL TERM.--RENEWAL OF CERTIFICATION OR LICENSURE 8 SHALL BE ON A BIENNIAL BASIS. 9 (B) CONTINUING EDUCATION FOR RESIDENTIAL AND GENERAL 10 APPRAISERS.--THE BOARD SHALL BY REGULATION REQUIRE EVIDENCE OF 11 PROFESSIONAL ACTIVITY OR CONTINUING EDUCATION AS A CONDITION OF 12 CERTIFICATION RENEWAL OF RESIDENTIAL AND GENERAL APPRAISERS IF, 13 AND ONLY TO THE MINIMUM EXTENT, REQUIRED PURSUANT TO THE 14 FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 15 1989 (PUBLIC LAW 101-73, 103 STAT. 183). NO CREDIT SHALL BE 16 GIVEN FOR ANY COURSE IN OFFICE MANAGEMENT OR PRACTICE BUILDING. 17 (B.1) CONTINUING EDUCATION FOR BROKER/APPRAISERS.-- 18 BROKER/APPRAISERS SHALL BE SUBJECT TO THE SAME CONTINUING 19 EDUCATION REQUIREMENTS FOR CERTIFICATION RENEWAL AS RESIDENTIAL 20 AND GENERAL APPRAISERS. THE BOARD SHALL HAVE THE POWER AND 21 AUTHORITY TO PROMULGATE REGULATIONS TO PRESCRIBE EVIDENCE OF 22 CONTINUING EDUCATION REQUIRED FOR CERTIFICATION RENEWAL PURSUANT 23 TO THIS SECTION. 24 (C) RECORDS.--A RECORD OF ALL PERSONS LICENSED AS APPRAISER 25 TRAINEES AND ALL PERSONS CERTIFIED AS REAL ESTATE APPRAISERS IN 26 THIS COMMONWEALTH SHALL BE KEPT IN THE OFFICE OF THE BOARD 27 [AND], SHALL BE OPEN TO PUBLIC INSPECTION AND COPYING UPON 28 PAYMENT OF A NOMINAL FEE FOR COPYING THE RECORD AND SHALL BE 29 ACCESSIBLE ON THE BOARD'S INTERNET WEBSITE. EACH 30 CERTIFICATEHOLDER AND LICENSEE SHALL ADVISE THE BOARD OF THE 20070S0485B2206 - 9 -
1 ADDRESS OF HIS OR HER PRINCIPAL PLACE OF BUSINESS. 2 SECTION 3. SECTION 11(A) AND (B) OF THE ACT, AMENDED JULY 2, 3 1996 (P.L.460, NO.71), ARE AMENDED TO READ: 4 Section 11. Disciplinary and corrective measures. 5 (a) Authority of board.--The board may deny, suspend or 6 revoke certificates or licenses, or limit, restrict or reprimand 7 a certificateholder or licensee for any of the following causes: 8 * * * <-- 9 (1) PROCURING OR ATTEMPTING TO PROCURE A CERTIFICATE OR <-- 10 LICENSE OR RENEWAL OF A CERTIFICATE OR LICENSE PURSUANT TO 11 THIS ACT BY KNOWINGLY MAKING A FALSE STATEMENT, SUBMITTING 12 FALSE INFORMATION OR REFUSING TO PROVIDE COMPLETE INFORMATION 13 IN RESPONSE TO A QUESTION IN AN APPLICATION FOR CERTIFICATION 14 OR LICENSURE OR RENEWAL OF CERTIFICATION OR LICENSURE THROUGH 15 ANY FORM OF FRAUD OR MISREPRESENTATION. 16 (2) FAILING TO MEET THE MINIMUM QUALIFICATIONS 17 ESTABLISHED BY THIS ACT. 18 (3) PAYING, OR OFFERING TO PAY, ANY VALUABLE 19 CONSIDERATION OTHER THAN PROVIDED FOR BY THIS ACT TO ANY 20 MEMBER OR EMPLOYEE OF THE BOARD TO PROCURE A CERTIFICATE 21 UNDER THIS ACT. 22 (4) BEING CONVICTED OF OR PLEADING GUILTY TO A CRIME 23 WHICH IS SUBSTANTIALLY RELATED TO THE QUALIFICATIONS, 24 FUNCTIONS AND DUTIES OF A PERSON DEVELOPING REAL PROPERTY 25 APPRAISALS AND COMMUNICATING REAL PROPERTY APPRAISALS TO 26 OTHERS. 27 (5) PERFORMING AN ACT OR OMITTING AN ACT WHEN SUCH 28 PERFORMANCE OR OMISSION INVOLVES DISHONESTY, FRAUD OR 29 MISREPRESENTATION WITH INTENT TO SUBSTANTIALLY BENEFIT THE 30 CERTIFICATEHOLDER OR LICENSEE IN HIS PROFESSION OR WITH THE 20070S0485B2206 - 10 -
1 INTENT TO SUBSTANTIALLY INJURE ANOTHER PERSON. 2 (6) VIOLATING ANY OF THE STANDARDS FOR THE DEVELOPMENT 3 OR COMMUNICATION OF REAL PROPERTY APPRAISALS AS REQUIRED 4 PURSUANT TO THIS ACT OR THE FINANCIAL INSTITUTIONS REFORM, 5 RECOVERY, AND ENFORCEMENT ACT OF 1989 (PUBLIC LAW 101-73, 103 6 STAT. 183). 7 (7) FAILING OR REFUSING, WITHOUT GOOD CAUSE, TO EXERCISE 8 REASONABLE DILIGENCE IN DEVELOPING AN APPRAISAL, PREPARING AN 9 APPRAISAL REPORT OR COMMUNICATING AN APPRAISAL. 10 (8) NEGLIGENTLY OR INCOMPETENTLY DEVELOPING AN 11 APPRAISAL, PREPARING AN APPRAISAL REPORT OR COMMUNICATING AN 12 APPRAISAL. 13 (9) WILLFULLY DISREGARDING OR VIOLATING ANY OF THE 14 PROVISIONS OF THIS ACT OR THE GUIDELINES OR REGULATIONS OF 15 THE BOARD FOR THE ADMINISTRATION AND ENFORCEMENT OF THE 16 PROVISIONS OF THIS ACT. 17 (10) ACCEPTING AN APPRAISAL ASSIGNMENT WHEN THE 18 EMPLOYMENT ITSELF IS CONTINGENT UPON THE APPRAISER'S 19 REPORTING A PREDETERMINED ANALYSIS OR OPINION, OR WHERE THE 20 FEE TO BE PAID FOR THE PERFORMANCE OF THE APPRAISAL 21 ASSIGNMENT IS CONTINGENT UPON THE OPINION, CONCLUSION OR 22 VALUATION REACHED, OR UPON THE CONSEQUENCE RESULTING FROM THE 23 APPRAISAL ASSIGNMENT. 24 (11) VIOLATING THE CONFIDENTIAL NATURE OF RECORDS TO 25 WHICH THE APPRAISER GAINED ACCESS THROUGH EMPLOYMENT OR 26 ENGAGEMENT AS AN APPRAISER. 27 (12) MAKING THE FEE OR COMPENSATION CONTINGENT UPON AN 28 AWARD OR RECOVERY IN ANY CASE WHERE THE AMOUNT OF THE AWARD 29 OR RECOVERY WOULD BE AFFECTED BY THE APPRAISAL. 30 (13) BASING THE FEE OR COMPENSATION ON A PERCENTAGE OF 20070S0485B2206 - 11 -
1 THE FINAL ESTIMATE OF VALUE. 2 (14) CONTRACTING FOR OR ACCEPTING COMPENSATION FOR 3 APPRAISAL SERVICES IN THE FORM OF A COMMISSION, REBATE, 4 DIVISION OF BROKERAGE COMMISSIONS OR ANY OTHER SIMILAR FORM. 5 (15) HAVING A LICENSE OR CERTIFICATE TO PERFORM 6 APPRAISALS SUSPENDED, REVOKED OR REFUSED BY AN APPRAISAL 7 LICENSURE OR CERTIFICATION AUTHORITY OF ANOTHER STATE, 8 TERRITORY OR COUNTRY, OR RECEIVING OTHER DISCIPLINARY ACTIONS 9 BY THE APPRAISAL LICENSURE OR CERTIFICATION AUTHORITY OF 10 ANOTHER STATE, TERRITORY OR COUNTRY. 11 (16) Suspension or revocation of the right to practice 12 by a Federal or State governmental agency. 13 (17) Having been found by a civil court of competent 14 jurisdiction to have performed a fraudulent appraisal. 15 (B) BOARD ACTION.--WHEN THE BOARD FINDS THAT THE <-- 16 [CERTIFICATION OR] CERTIFICATE OR LICENSE, APPLICATION FOR 17 CERTIFICATION OR LICENSURE OR RENEWAL OF CERTIFICATION OR 18 LICENSURE OF ANY PERSON MAY BE DENIED, REVOKED, RESTRICTED OR 19 SUSPENDED UNDER THE TERMS OF SUBSECTION (A), THE BOARD MAY: 20 (1) DENY THE APPLICATION FOR CERTIFICATION OR LICENSURE 21 OR FOR RENEWAL OF CERTIFICATION OR LICENSURE. 22 (2) ADMINISTER A PUBLIC REPRIMAND. 23 (3) REVOKE, SUSPEND, LIMIT OR OTHERWISE RESTRICT A 24 CERTIFICATE OR LICENSE AS DETERMINED BY THE BOARD. 25 (4) SUSPEND ENFORCEMENT OF ITS FINDINGS THEREOF AND 26 PLACE A CERTIFICATEHOLDER OR LICENSEE ON PROBATION WITH THE 27 RIGHT TO VACATE THE PROBATIONARY ORDER FOR NONCOMPLIANCE. 28 (5) RESTORE A SUSPENDED [CERTIFICATION] CERTIFICATE OR 29 LICENSE AND IMPOSE ANY DISCIPLINARY OR CORRECTIVE MEASURE 30 WHICH IT MIGHT ORIGINALLY HAVE IMPOSED. 20070S0485B2206 - 12 -
1 * * * 2 Section 4. Section 15(b) of the act is amended to read: <-- 3 SECTION 4. SECTIONS 12, 14 AND 15(B) OF THE ACT ARE AMENDED <-- 4 TO READ: 5 SECTION 12. REINSTATEMENT OF CERTIFICATE OR LICENSE. 6 UNLESS ORDERED TO DO SO BY COMMONWEALTH COURT OR AN APPEAL 7 THEREFROM, THE BOARD SHALL NOT REINSTATE THE CERTIFICATE OR 8 LICENSE OF A PERSON TO PRACTICE AS A CERTIFIED REAL ESTATE 9 APPRAISER OR AS AN APPRAISER TRAINEE, PURSUANT TO THIS ACT, 10 WHICH HAS BEEN REVOKED. ANY PERSON WHOSE [CERTIFICATION] 11 CERTIFICATE OR LICENSE HAS BEEN REVOKED MAY APPLY FOR 12 REINSTATEMENT, AFTER A PERIOD OF AT LEAST FIVE YEARS, BUT MUST 13 MEET ALL OF THE CERTIFICATION OR LICENSURE QUALIFICATIONS OF 14 THIS ACT, INCLUDING THE EXAMINATION REQUIREMENT, IF HE OR SHE 15 DESIRES TO HOLD HIMSELF OR HERSELF OUT OR TO PRACTICE AS A 16 [CERTIFIED] REAL ESTATE APPRAISER PURSUANT TO THIS ACT AT ANY 17 TIME AFTER SUCH REVOCATION. 18 SECTION 14. SURRENDER OF SUSPENDED OR REVOKED CERTIFICATE OR 19 LICENSE. 20 THE BOARD SHALL REQUIRE A PERSON WHOSE [CERTIFICATION] 21 CERTIFICATE OR LICENSE HAS BEEN SUSPENDED OR REVOKED TO RETURN 22 THE CERTIFICATE OR LICENSE IN SUCH MANNER AS THE BOARD DIRECTS. 23 FAILURE TO DO SO SHALL BE A MISDEMEANOR OF THE THIRD DEGREE. 24 Section 15. Penalties. 25 * * * 26 (b) Civil penalty.--In addition to any other civil remedy or 27 criminal penalty provided for in this act, the board, by a vote 28 of the majority of the maximum number of the authorized 29 membership of the board as provided by law, or by a vote of the 30 majority of the duly qualified and confirmed membership or a 20070S0485B2206 - 13 -
1 minimum of three members, whichever is greater, may levy a civil 2 penalty of up to [$1,000] $10,000 on any [current 3 certificateholder who violates any provision of this act or on 4 any person who holds himself or herself out as a certified real 5 estate appraiser or performs appraisals for which certification 6 or licensure is required pursuant to the Financial Institutions 7 Reform, Recovery, and Enforcement Act of 1989 (Public Law 101- 8 73, 103 Stat. 183) without being so certified pursuant to this 9 act.] certificateholder or licensee who violates any provision 10 of this act or any noncertificateholder who holds himself out as 11 a real estate appraiser in this Commonwealth or who performs an 12 appraisal for which certification or licensure is required under 13 the Financial Institutions Reform, Recovery, and Enforcement Act 14 of 1989 (Public Law 101-73, 103 Stat. 183) an appraisal in any 15 federally related or nonfederally related transaction or any 16 other appraisal. The board shall levy this penalty only after 17 affording the accused party the opportunity for a hearing, as 18 provided in 2 Pa.C.S. (relating to administrative law and 19 procedure). 20 * * * 21 Section 5. This act shall take effect in 60 days. B2L63MSP/20070S0485B2206 - 14 -