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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 527, 1651, 1751,         PRINTER'S NO. 2252
        2206

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 485 Session of 2007


        INTRODUCED BY BROWNE, FERLO, BOSCOLA, ERICKSON, RHOADES, COSTA,
           BAKER, STACK AND WASHINGTON, MARCH 15, 2007

        AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 25, 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 (G) AND 5 OF THE ACT ARE         <--
    27  AMENDED TO 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
    20070S0485B2252                  - 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     (G)  COMPENSATION.--EACH MEMBER OF THE BOARD, EXCEPT THE       <--
    23  SECRETARY, THE ATTORNEY GENERAL AND THE SECRETARY OF BANKING,
    24  SHALL RECEIVE PER DIEM COMPENSATION AT THE RATE OF $60 PER DIEM
    25  WHEN ACTUALLY ATTENDING TO THE WORK OF THE BOARD. MEMBERS SHALL
    26  ALSO RECEIVE REASONABLE TRAVELING, HOTEL AND OTHER NECESSARY
    27  EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES IN
    28  ACCORDANCE WITH COMMONWEALTH REGULATIONS.
    29     * * *
    30  SECTION 5.  POWERS AND DUTIES OF BOARD.                           <--
    20070S0485B2252                  - 3 -     

     1     THE BOARD SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
     2         (1)  TO PASS UPON THE QUALIFICATIONS AND FITNESS OF
     3     APPLICANTS FOR CERTIFICATION OR LICENSURE AND TO ADOPT AND
     4     REVISE RULES AND REGULATIONS REQUIRING APPLICANTS FOR
     5     CERTIFICATION TO PASS EXAMINATIONS RELATING TO THEIR
     6     QUALIFICATIONS FOR CERTIFICATION.
     7         (2)  TO ADOPT AND, FROM TIME TO TIME, REVISE SUCH RULES
     8     AND REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE
     9     PROVISIONS OF THIS ACT. SUCH REGULATIONS SHALL INCLUDE, BUT
    10     NOT BE LIMITED TO, STANDARDS OF PROFESSIONAL APPRAISAL
    11     PRACTICE REQUIRING THAT APPRAISALS BE PERFORMED IN ACCORDANCE
    12     WITH GENERALLY ACCEPTED APPRAISAL STANDARDS AS REQUIRED
    13     PURSUANT TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND
    14     ENFORCEMENT ACT OF 1989 (PUBLIC LAW 101-73, 103 STAT. 183).
    15         (3)  TO EXAMINE FOR, DENY, APPROVE, ISSUE, REVOKE,
    16     SUSPEND OR RENEW CERTIFICATES OF APPRAISERS AND LICENSES OF
    17     APPRAISER TRAINEES PURSUANT TO THIS ACT AND TO CONDUCT
    18     HEARINGS IN CONNECTION THEREWITH.
    19         (4)  TO CONDUCT HEARINGS UPON COMPLAINTS CONCERNING
    20     VIOLATIONS OF THE PROVISIONS OF THIS ACT AND THE RULES AND
    21     REGULATIONS ADOPTED PURSUANT TO THIS ACT AND SEEK THE
    22     PROSECUTION AND ENJOINDER OF ALL SUCH VIOLATIONS.
    23         (5)  TO EXPEND MONEYS NECESSARY TO THE PROPER CARRYING
    24     OUT OF ITS ASSIGNED DUTIES.
    25         (6)  TO ESTABLISH FEES FOR THE OPERATION OF THE BOARD,
    26     INCLUDING FEES FOR THE ISSUANCE AND RENEWAL OF CERTIFICATES
    27     AND LICENSES AND FOR EXAMINATIONS.
    28         (7)  TO SUBMIT ANNUALLY A REPORT TO THE PROFESSIONAL
    29     LICENSURE COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
    30     CONSUMER PROTECTION AND PROFESSIONAL LICENSURE COMMITTEE OF
    20070S0485B2252                  - 4 -     

     1     THE SENATE CONTAINING A DESCRIPTION OF THE TYPES OF
     2     COMPLAINTS RECEIVED, STATUS OF THE CASES, BOARD ACTION WHICH
     3     HAS BEEN TAKEN AND LENGTH OF TIME FROM THE INITIAL COMPLAINT
     4     TO FINAL BOARD RESOLUTION.
     5         (8)  TO SUBMIT ANNUALLY TO THE DEPARTMENT OF STATE, AN
     6     ESTIMATE OF THE FINANCIAL REQUIREMENTS OF THE BOARD FOR ITS
     7     ADMINISTRATIVE, INVESTIGATIVE, LEGAL AND MISCELLANEOUS
     8     EXPENSES.
     9         (9)  TO SUBMIT ANNUALLY TO THE APPROPRIATIONS COMMITTEES
    10     OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, 15 DAYS AFTER
    11     THE GOVERNOR HAS SUBMITTED HIS BUDGET TO THE GENERAL
    12     ASSEMBLY, A COPY OF THE BUDGET REQUEST FOR THE UPCOMING
    13     FISCAL YEAR WHICH THE BOARD PREVIOUSLY SUBMITTED TO THE
    14     DEPARTMENT OF STATE.
    15         (10)  TO SUBMIT ANNUALLY PURSUANT TO THE FINANCIAL
    16     INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989 A
    17     ROSTER LISTING INDIVIDUALS WHO HAVE RECEIVED STATE
    18     CERTIFICATION.
    19     Section 2.1.  Section 6 of the act, amended July 2, 1996
    20  (P.L.460, No.71) and October 18, 2000 (P.L.600, No.77), is
    21  amended to read:
    22  Section 6.  Application and qualifications.
    23     (a)  Classes of certification.--There shall be three classes
    24  of [certification for certified] certified real estate
    25  appraisers as follows:
    26         (1)  [Residential] Certified Residential Appraiser, which
    27     shall consist of those persons applying for and granted
    28     certification relating solely to the appraisal of residential
    29     real property [as] in accordance with the criteria
    30     established by the Appraiser Qualifications Board of the
    20070S0485B2252                  - 5 -     

     1     Appraisal Foundation required pursuant to the Financial
     2     Institutions Reform, Recovery, and Enforcement Act of 1989
     3     (Public Law 101-73, 103 Stat. 183).
     4         (2)  [General] Certified General Appraiser, which shall
     5     consist of those persons applying for and granted
     6     certification relating to the appraisal of both residential
     7     and nonresidential real property without limitation [as] in
     8     accordance with the criteria established by the Appraiser
     9     Qualifications Board of the Appraisal Foundation required
    10     pursuant to the Financial Institutions Reform, Recovery, and
    11     Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183).
    12         (3)  Broker/appraiser, which shall consist of those
    13     persons who, [on the effective date of this act, are] as of
    14     September 3, 1996, were licensed real estate brokers under
    15     the act of February 19, 1980 (P.L.15, No.9), known as the
    16     Real Estate Licensing and Registration Act, and who, [within
    17     two years of the effective date of this act, make] by
    18     September 3, 1998, made application to the board and [are]
    19     were granted without examination a broker/appraiser
    20     certificate. A holder of a broker/appraiser certificate shall
    21     only be permitted to perform those real property appraisals
    22     that were permitted to be performed by a licensed real estate
    23     broker under the Real Estate Licensing and Registration Act
    24     as of [the effective date of this act] September 3, 1996. A
    25     holder of a broker/appraiser certificate is not authorized to
    26     perform real estate appraisals pursuant to the Financial
    27     Institutions Reform, Recovery, and Enforcement Act of 1989.
    28     (a.1)  Appraiser trainee license.--In addition to the
    29  certificates authorized in subsection (a), the board shall issue
    30  an appraiser trainee license, without examination, to any person
    20070S0485B2252                  - 6 -     

     1  who meets the appraiser trainee educational requirements set by
     2  the board and who does not already hold an appraiser credential
     3  under subsection (a). An appraiser trainee shall operate under
     4  the direct supervision of one Certified Residential Appraiser or
     5  Certified General Appraiser for the purpose of completing the
     6  experience requirement for an appraiser credential in subsection
     7  (a). An appraisal trainee shall be permitted to assist in the
     8  performance of any appraisal that is within the supervisory
     9  appraiser's scope of practice. The supervisory appraiser shall
    10  be in good standing, have at least five years of experience as a
    11  certified residential appraiser or certified general appraiser
    12  and shall not supervise more than three appraiser trainees.
    13     (b)  Classification to be specified.--The application for
    14  examination, original certification or license and renewal of
    15  certification or license shall specify the classification being
    16  applied for.
    17     (c)  Application.--An applicant for certification or license
    18  [as a certified real estate appraiser] shall submit a written
    19  application on forms provided by the board. The application and
    20  any and all documentation submitted with the application shall
    21  be subscribed and sworn to before a notary public. The applicant
    22  shall be held responsible for the statements contained in the
    23  application. The making of a false statement in an application
    24  may constitute a ground for certification or license denial or
    25  revocation. The application shall evidence that:
    26         (1)  He or she is of good moral character.
    27         (2)  His or her application has been accompanied by the
    28     application fee.
    29     (d)  Residential Appraiser certification.--As a prerequisite
    30  to taking the examination for certification relating solely to
    20070S0485B2252                  - 7 -     

     1  the appraisal of residential real property, an applicant shall,
     2  in addition to meeting the requirements of subsection (c), meet
     3  the minimum education and experience requirements established
     4  pursuant to the Financial Institutions Reform, Recovery, and
     5  Enforcement Act of 1989.
     6     (e)  General Appraiser certification.--As a prerequisite to
     7  taking the examination for the general certification relating to
     8  the appraisal of real property, an applicant shall, in addition
     9  to meeting the requirements of subsection (c), meet the minimum
    10  education and experience requirements established pursuant to
    11  the Financial Institutions Reform, Recovery, and Enforcement Act
    12  of 1989.
    13     (f)  Definition of subjects.--The board shall prescribe and
    14  define the subjects related to real property appraisal and the
    15  experience in real property appraisal which will satisfy the
    16  requirements of subsections (a), (a.1), (d) and (e). To the
    17  extent permitted pursuant to the Financial Institutions Reform,
    18  Recovery, and Enforcement Act of 1989 with regard to certified
    19  residential and general appraisers, the board may give credit to
    20  an applicant for classroom hours of academic experience
    21  successfully completed prior to the board's prescription and
    22  definition of subjects pursuant to this subsection.
    23     (g)  Examinations.--Examinations for certification or license
    24  shall be selected in accordance with the Financial Institutions
    25  Reform, Recovery, and Enforcement Act of 1989. Examinations
    26  shall be prepared and administered by a qualified and approved
    27  professional testing organization in accordance with section
    28  812.1 of the act of April 9, 1929 (P.L.177, No.175), known as
    29  The Administrative Code of 1929.
    30     (i)  Real estate brokers as appraisers.--
    20070S0485B2252                  - 8 -     

     1         (1)  Nothing in this section shall preclude a licensed
     2     real estate broker from also holding an appraiser license or
     3     certificate under subsection (a)(1) or (2) or (a.1).
     4         (2)  All persons holding a broker/appraiser certificate
     5     under subsection (a)(3) shall be entitled to hold the
     6     certificate for the entire term and shall be entitled and
     7     subject to the privileges, obligations and renewals which
     8     accompany the certificate.
     9     Section 3.  Section 11(a) of the act is amended by adding      <--
    10  paragraphs to read:
    11     SECTION 2.2.  SECTION 10 OF THE ACT, AMENDED DECEMBER 20,      <--
    12  2000 (P.L.733, NO.103), IS AMENDED TO READ:
    13  SECTION 10.  CERTIFICATION RENEWAL[;], LICENSURE RENEWAL AND
    14                 RECORDS.
    15     (A)  RENEWAL TERM.--RENEWAL OF CERTIFICATION OR LICENSURE
    16  SHALL BE ON A BIENNIAL BASIS.
    17     (B)  CONTINUING EDUCATION FOR RESIDENTIAL AND GENERAL
    18  APPRAISERS.--THE BOARD SHALL BY REGULATION REQUIRE EVIDENCE OF
    19  PROFESSIONAL ACTIVITY OR CONTINUING EDUCATION AS A CONDITION OF
    20  CERTIFICATION RENEWAL OF RESIDENTIAL AND GENERAL APPRAISERS IF,
    21  AND ONLY TO THE MINIMUM EXTENT, REQUIRED PURSUANT TO THE
    22  FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF
    23  1989 (PUBLIC LAW 101-73, 103 STAT. 183). NO CREDIT SHALL BE
    24  GIVEN FOR ANY COURSE IN OFFICE MANAGEMENT OR PRACTICE BUILDING.
    25     (B.1)  CONTINUING EDUCATION FOR BROKER/APPRAISERS.--
    26  BROKER/APPRAISERS SHALL BE SUBJECT TO THE SAME CONTINUING
    27  EDUCATION REQUIREMENTS FOR CERTIFICATION RENEWAL AS RESIDENTIAL
    28  AND GENERAL APPRAISERS. THE BOARD SHALL HAVE THE POWER AND
    29  AUTHORITY TO PROMULGATE REGULATIONS TO PRESCRIBE EVIDENCE OF
    30  CONTINUING EDUCATION REQUIRED FOR CERTIFICATION RENEWAL PURSUANT
    20070S0485B2252                  - 9 -     

     1  TO THIS SECTION.
     2     (C)  RECORDS.--A RECORD OF ALL PERSONS LICENSED AS APPRAISER
     3  TRAINEES AND ALL PERSONS CERTIFIED AS REAL ESTATE APPRAISERS IN
     4  THIS COMMONWEALTH SHALL BE KEPT IN THE OFFICE OF THE BOARD
     5  [AND], SHALL BE OPEN TO PUBLIC INSPECTION AND COPYING UPON
     6  PAYMENT OF A NOMINAL FEE FOR COPYING THE RECORD AND SHALL BE
     7  ACCESSIBLE ON THE BOARD'S INTERNET WEBSITE. EACH
     8  CERTIFICATEHOLDER AND LICENSEE SHALL ADVISE THE BOARD OF THE
     9  ADDRESS OF HIS OR HER PRINCIPAL PLACE OF BUSINESS.
    10     SECTION 3.  SECTION 11(A) AND (B) OF THE ACT, AMENDED JULY 2,
    11  1996 (P.L.460, NO.71), ARE AMENDED TO READ:
    12  Section 11.  Disciplinary and corrective measures.
    13     (a)  Authority of board.--The board may deny, suspend or
    14  revoke certificates or licenses, or limit, restrict or reprimand
    15  a certificateholder or licensee for any of the following causes:
    16         * * *                                                      <--
    17         (1)  PROCURING OR ATTEMPTING TO PROCURE A CERTIFICATE OR   <--
    18     LICENSE OR RENEWAL OF A CERTIFICATE OR LICENSE PURSUANT TO
    19     THIS ACT BY KNOWINGLY MAKING A FALSE STATEMENT, SUBMITTING
    20     FALSE INFORMATION OR REFUSING TO PROVIDE COMPLETE INFORMATION
    21     IN RESPONSE TO A QUESTION IN AN APPLICATION FOR CERTIFICATION
    22     OR LICENSURE OR RENEWAL OF CERTIFICATION OR LICENSURE THROUGH
    23     ANY FORM OF FRAUD OR MISREPRESENTATION.
    24         (2)  FAILING TO MEET THE MINIMUM QUALIFICATIONS
    25     ESTABLISHED BY THIS ACT.
    26         (3)  PAYING, OR OFFERING TO PAY, ANY VALUABLE
    27     CONSIDERATION OTHER THAN PROVIDED FOR BY THIS ACT TO ANY
    28     MEMBER OR EMPLOYEE OF THE BOARD TO PROCURE A CERTIFICATE
    29     UNDER THIS ACT.
    30         (4)  BEING CONVICTED OF OR PLEADING GUILTY TO A CRIME
    20070S0485B2252                 - 10 -     

     1     WHICH IS SUBSTANTIALLY RELATED TO THE QUALIFICATIONS,
     2     FUNCTIONS AND DUTIES OF A PERSON DEVELOPING REAL PROPERTY
     3     APPRAISALS AND COMMUNICATING REAL PROPERTY APPRAISALS TO
     4     OTHERS.
     5         (5)  PERFORMING AN ACT OR OMITTING AN ACT WHEN SUCH
     6     PERFORMANCE OR OMISSION INVOLVES DISHONESTY, FRAUD OR
     7     MISREPRESENTATION WITH INTENT TO SUBSTANTIALLY BENEFIT THE
     8     CERTIFICATEHOLDER OR LICENSEE IN HIS PROFESSION OR WITH THE
     9     INTENT TO SUBSTANTIALLY INJURE ANOTHER PERSON.
    10         (6)  VIOLATING ANY OF THE STANDARDS FOR THE DEVELOPMENT
    11     OR COMMUNICATION OF REAL PROPERTY APPRAISALS AS REQUIRED
    12     PURSUANT TO THIS ACT OR THE FINANCIAL INSTITUTIONS REFORM,
    13     RECOVERY, AND ENFORCEMENT ACT OF 1989 (PUBLIC LAW 101-73, 103
    14     STAT. 183).
    15         (7)  FAILING OR REFUSING, WITHOUT GOOD CAUSE, TO EXERCISE
    16     REASONABLE DILIGENCE IN DEVELOPING AN APPRAISAL, PREPARING AN
    17     APPRAISAL REPORT OR COMMUNICATING AN APPRAISAL.
    18         (8)  NEGLIGENTLY OR INCOMPETENTLY DEVELOPING AN
    19     APPRAISAL, PREPARING AN APPRAISAL REPORT OR COMMUNICATING AN
    20     APPRAISAL.
    21         (9)  WILLFULLY DISREGARDING OR VIOLATING ANY OF THE
    22     PROVISIONS OF THIS ACT OR THE GUIDELINES OR REGULATIONS OF
    23     THE BOARD FOR THE ADMINISTRATION AND ENFORCEMENT OF THE
    24     PROVISIONS OF THIS ACT.
    25         (10)  ACCEPTING AN APPRAISAL ASSIGNMENT WHEN THE
    26     EMPLOYMENT ITSELF IS CONTINGENT UPON THE APPRAISER'S
    27     REPORTING A PREDETERMINED ANALYSIS OR OPINION, OR WHERE THE
    28     FEE TO BE PAID FOR THE PERFORMANCE OF THE APPRAISAL
    29     ASSIGNMENT IS CONTINGENT UPON THE OPINION, CONCLUSION OR
    30     VALUATION REACHED, OR UPON THE CONSEQUENCE RESULTING FROM THE
    20070S0485B2252                 - 11 -     

     1     APPRAISAL ASSIGNMENT.
     2         (11)  VIOLATING THE CONFIDENTIAL NATURE OF RECORDS TO
     3     WHICH THE APPRAISER GAINED ACCESS THROUGH EMPLOYMENT OR
     4     ENGAGEMENT AS AN APPRAISER.
     5         (12)  MAKING THE FEE OR COMPENSATION CONTINGENT UPON AN
     6     AWARD OR RECOVERY IN ANY CASE WHERE THE AMOUNT OF THE AWARD
     7     OR RECOVERY WOULD BE AFFECTED BY THE APPRAISAL.
     8         (13)  BASING THE FEE OR COMPENSATION ON A PERCENTAGE OF
     9     THE FINAL ESTIMATE OF VALUE.
    10         (14)  CONTRACTING FOR OR ACCEPTING COMPENSATION FOR
    11     APPRAISAL SERVICES IN THE FORM OF A COMMISSION, REBATE,
    12     DIVISION OF BROKERAGE COMMISSIONS OR ANY OTHER SIMILAR FORM.
    13         (15)  HAVING A LICENSE OR CERTIFICATE TO PERFORM
    14     APPRAISALS SUSPENDED, REVOKED OR REFUSED BY AN APPRAISAL
    15     LICENSURE OR CERTIFICATION AUTHORITY OF ANOTHER STATE,
    16     TERRITORY OR COUNTRY, OR RECEIVING OTHER DISCIPLINARY ACTIONS
    17     BY THE APPRAISAL LICENSURE OR CERTIFICATION AUTHORITY OF
    18     ANOTHER STATE, TERRITORY OR COUNTRY.
    19         (16)  Suspension or revocation of the right to practice
    20     by a Federal or State governmental agency.
    21         (17)  Having been found by a civil court of competent
    22     jurisdiction to have performed a fraudulent appraisal.
    23     (B)  BOARD ACTION.--WHEN THE BOARD FINDS THAT THE              <--
    24  [CERTIFICATION OR] CERTIFICATE OR LICENSE, APPLICATION FOR
    25  CERTIFICATION OR LICENSURE OR RENEWAL OF CERTIFICATION OR
    26  LICENSURE OF ANY PERSON MAY BE DENIED, REVOKED, RESTRICTED OR
    27  SUSPENDED UNDER THE TERMS OF SUBSECTION (A), THE BOARD MAY:
    28         (1)  DENY THE APPLICATION FOR CERTIFICATION OR LICENSURE
    29     OR FOR RENEWAL OF CERTIFICATION OR LICENSURE.
    30         (2)  ADMINISTER A PUBLIC REPRIMAND.
    20070S0485B2252                 - 12 -     

     1         (3)  REVOKE, SUSPEND, LIMIT OR OTHERWISE RESTRICT A
     2     CERTIFICATE OR LICENSE AS DETERMINED BY THE BOARD.
     3         (4)  SUSPEND ENFORCEMENT OF ITS FINDINGS THEREOF AND
     4     PLACE A CERTIFICATEHOLDER OR LICENSEE ON PROBATION WITH THE
     5     RIGHT TO VACATE THE PROBATIONARY ORDER FOR NONCOMPLIANCE.
     6         (5)  RESTORE A SUSPENDED [CERTIFICATION] CERTIFICATE OR
     7     LICENSE AND IMPOSE ANY DISCIPLINARY OR CORRECTIVE MEASURE
     8     WHICH IT MIGHT ORIGINALLY HAVE IMPOSED.
     9     * * *
    10     Section 4.  Section 15(b) of the act is amended to read:       <--
    11     SECTION 4.  SECTIONS 12, 14 AND 15(B) OF THE ACT ARE AMENDED   <--
    12  TO READ:
    13  SECTION 12.  REINSTATEMENT OF CERTIFICATE OR LICENSE.
    14     UNLESS ORDERED TO DO SO BY COMMONWEALTH COURT OR AN APPEAL
    15  THEREFROM, THE BOARD SHALL NOT REINSTATE THE CERTIFICATE OR
    16  LICENSE OF A PERSON TO PRACTICE AS A CERTIFIED REAL ESTATE
    17  APPRAISER OR AS AN APPRAISER TRAINEE, PURSUANT TO THIS ACT,
    18  WHICH HAS BEEN REVOKED. ANY PERSON WHOSE [CERTIFICATION]
    19  CERTIFICATE OR LICENSE HAS BEEN REVOKED MAY APPLY FOR
    20  REINSTATEMENT, AFTER A PERIOD OF AT LEAST FIVE YEARS, BUT MUST
    21  MEET ALL OF THE CERTIFICATION OR LICENSURE QUALIFICATIONS OF
    22  THIS ACT, INCLUDING THE EXAMINATION REQUIREMENT, IF HE OR SHE
    23  DESIRES TO HOLD HIMSELF OR HERSELF OUT OR TO PRACTICE AS A
    24  [CERTIFIED] REAL ESTATE APPRAISER PURSUANT TO THIS ACT AT ANY
    25  TIME AFTER SUCH REVOCATION.
    26  SECTION 14.  SURRENDER OF SUSPENDED OR REVOKED CERTIFICATE OR
    27                 LICENSE.
    28     THE BOARD SHALL REQUIRE A PERSON WHOSE [CERTIFICATION]
    29  CERTIFICATE OR LICENSE HAS BEEN SUSPENDED OR REVOKED TO RETURN
    30  THE CERTIFICATE OR LICENSE IN SUCH MANNER AS THE BOARD DIRECTS.
    20070S0485B2252                 - 13 -     

     1  FAILURE TO DO SO SHALL BE A MISDEMEANOR OF THE THIRD DEGREE.
     2  Section 15.  Penalties.
     3     * * *
     4     (b)  Civil penalty.--In addition to any other civil remedy or
     5  criminal penalty provided for in this act, the board, by a vote
     6  of the majority of the maximum number of the authorized
     7  membership of the board as provided by law, or by a vote of the
     8  majority of the duly qualified and confirmed membership or a
     9  minimum of three members, whichever is greater, may levy a civil
    10  penalty of up to [$1,000] $10,000 on any [current
    11  certificateholder who violates any provision of this act or on
    12  any person who holds himself or herself out as a certified real
    13  estate appraiser or performs appraisals for which certification
    14  or licensure is required pursuant to the Financial Institutions
    15  Reform, Recovery, and Enforcement Act of 1989 (Public Law 101-
    16  73, 103 Stat. 183) without being so certified pursuant to this
    17  act.] certificateholder or licensee who violates any provision
    18  of this act or any noncertificateholder who holds himself out as
    19  a real estate appraiser in this Commonwealth or who performs an
    20  appraisal for which certification or licensure is required under
    21  the Financial Institutions Reform, Recovery, and Enforcement Act
    22  of 1989 (Public Law 101-73, 103 Stat. 183) an appraisal in any
    23  federally related or nonfederally related transaction or any
    24  other appraisal. The board shall levy this penalty only after
    25  affording the accused party the opportunity for a hearing, as
    26  provided in 2 Pa.C.S. (relating to administrative law and
    27  procedure).
    28     * * *
    29     Section 5.  This act shall take effect in 60 days.

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