PRIOR PRINTER'S NOS. 820, 1529 PRINTER'S NO. 2182
No. 756 Session of 1989
INTRODUCED BY SHUMAKER, O'PAKE, LOEPER, PETERSON, REIBMAN,
ANDREZESKI AND BELL, MARCH 23, 1989
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
MAY 21, 1990
AN ACT
1 Providing for the certification of real estate appraisers;
2 creating the Real Estate Appraisers Board SUBCOMMITTEE and <--
3 imposing powers and duties; providing additional powers and
4 duties for the Bureau of Professional and Occupational
5 Affairs; and fixing civil and criminal penalties for <--
6 violations; AND MAKING AN APPROPRIATION. <--
7 TABLE OF CONTENTS
8 Chapter 1. General Provisions
9 Section 101. Short title.
10 Section 102. Definitions.
11 Chapter 3. Scope of Regulations
12 Section 301. Compliance.
13 Section 302. Exclusion and Limitation. <--
14 SECTION 302. REAL ESTATE APPRAISER CERTIFICATION REQUIRED. <--
15 Chapter 5. Real Estate Appraisers Board SUBCOMMITTEE <--
16 Section 501. Creation SUBCOMMITTEE CREATION. <--
17 Section 502. Terms.
18 Section 503. Qualifications.
19 Section 504. Meetings.
1 Section 505. Officers, quorum and removal.
2 Section 506. Expenses.
3 Section 507. Rules and regulations.
4 Section 508. Powers and duties of board SUBCOMMITTEE. <--
5 Section 509. Registry.
6 Section 510. Annual reports.
7 Chapter 7. Revenue
8 Section 701. Initial funding FUNDING. <--
9 Section 702. Fees.
10 Chapter 9. Certification Process
11 Section 901. Examinations.
12 Section 902. Classes of certification.
13 Section 903. Written examination; contents.
14 Section 904. Prerequisites.
15 Section 905. False statements.
16 Section 906. Denial of certification.
17 Section 907. Duration of certification.
18 Section 908. Nonresidents.
19 Section 909. Recognition of other State certification.
20 Section 910. Renewals.
21 Section 911. Late renewals.
22 Section 912. No corporate certification.
23 Section 913. Address of principal office.
24 Section 914. Signatures of board SUBCOMMITTEE members. <--
25 Section 915. Use of certification number.
26 Section 916. Limitation on use of term.
27 Section 917. Reinstatement options.
28 SECTION 918. REPORTING OF MULTIPLE CERTIFICATION. <--
29 SECTION 919. SURRENDER OF SUSPENDED OR REVOKED CERTIFICATION.
30 Chapter 11. Continuing Education
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1 Section 1101. General rule.
2 Section 1102. Additional rules and regulations.
3 Section 1103. Mandatory requirement.
4 Chapter 13. Disciplinary Proceedings
5 Section 1301. General rule.
6 Section 1302. Disciplinary action.
7 Section 1303. Effect of civil suit.
8 Section 1304. Conduct of proceedings.
9 SECTION 1305. SUBPOENAS. <--
10 SECTION 1306. UNLAWFUL PRACTICE.
11 Chapter 15. Appraisal Reports
12 Section 1501. Reports.
13 Chapter 17. Miscellaneous
14 Section 1701. Records.
15 Section 1702. Criminal penalty PENALTIES. <--
16 Section 1703. Action for damages.
17 SECTION 1704. APPROPRIATION. <--
18 Chapter 19. Effective Date
19 Section 1901. Effective date.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 CHAPTER 1
23 GENERAL PROVISIONS
24 Section 101. Short title.
25 This act shall be known and may be cited as the State-
26 Certified Real Estate Appraisers Law.
27 Section 102. Definitions.
28 The following words and phrases when used in this act shall
29 have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
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1 "Applicant." A person who holds a current, valid broker's <--
2 license issued to him under the provisions of the act of
3 February 19, 1980 (P.L.15, No.9), known as the Real Estate
4 Licensing and Registration Act.
5 "APPLICANT." A NATURAL PERSON. <--
6 "Appraisal assignment." An engagement for which an appraiser
7 is employed or retained to act, or would be perceived by third
8 parties or the public as acting, as a disinterested third party
9 in rendering an unbiased analysis, opinion or conclusion
10 relating to the nature, quality, value or utility of specified
11 interests in, or aspects of, identified real estate.
12 "Appraisal Foundation." The Appraisal Foundation
13 incorporated as an Illinois Not for Profit Corporation on
14 November 30, 1987.
15 "Appraisal report." Any communication, written or oral, of
16 an analysis, opinion or conclusion relating to the nature,
17 quality, value or utility of specified interests in, or aspects
18 of, identified real estate, including, but not limited to,
19 valuation reports, real estate counseling reports, real estate
20 tax counseling reports, real estate offering memoranda, mortgage
21 banking offers, highest and best use studies, market demand and
22 economic feasibility studies, and all other reports
23 communicating an appraisal analysis, opinion or conclusion,
24 regardless of title, including reviews of any appraisal reports
25 as defined in this act.
26 "Board." The Real Estate Appraisers Board established <--
27 pursuant to the provisions of this act.
28 "Commission." The State Real Estate Commission.
29 "Commissioner." The Commissioner of Professional and
30 Occupational Affairs in the Department of State.
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1 "Department." The Department of State of the Commonwealth.
2 "Real estate." An identified parcel or tract of land,
3 including improvements, if any.
4 "Real estate appraisal" or "appraisal." An analysis, opinion
5 or conclusion relating to the nature, quality, value or utility
6 of specified interests in, or aspects of, identified real
7 estate, for or in expectation of compensation.
8 "Real property." One or more defined interests in a parcel
9 of real estate, whether an unencumbered fee or a lesser estate.
10 "State-certified real estate appraiser." A person who holds
11 a current valid certificate issued to him under the provisions
12 of this act. A State-certified real estate appraiser may
13 designate or identify appraisals rendered by him as certified
14 appraisals.
15 "SUBCOMMITTEE." THE REAL ESTATE APPRAISER SUBCOMMITTEE OF <--
16 THE STATE REAL ESTATE COMMISSION ESTABLISHED PURSUANT TO THE
17 PROVISIONS OF THIS ACT.
18 CHAPTER 3
19 SCOPE OF REGULATIONS
20 Section 301. Compliance.
21 A State-certified real estate appraiser must comply with the
22 standards provided in this act, THE FINANCIAL INSTITUTIONS <--
23 REFORM, RECOVERY AND ENFORCEMENT ACT OF 1989 (PUBLIC LAW 101-73)
24 and applicable regulations for the development and communication
25 of real estate appraisals for any appraisals of real estate
26 located in this Commonwealth.
27 Section 302. Exclusion and limitation. <--
28 This act does not preclude a person who is not certified as a
29 State-certified real estate appraiser from appraising real
30 estate for compensation. No person, other than a State-certified
19890S0756B2182 - 5 -
1 real estate appraiser, shall assume or use that title or any
2 title, designation or abbreviation likely to create the
3 impression of certification as a real estate appraiser by this
4 Commonwealth. A person who is not certified pursuant to this act
5 shall not describe or refer to any appraisal or other evaluation
6 of real estate located in this Commonwealth by the term
7 certified.
8 SECTION 302. REAL ESTATE APPRAISER CERTIFICATION REQUIRED. <--
9 IT SHALL BE UNLAWFUL, ON OR AFTER JULY 1, 1991, FOR ANY
10 PERSON TO HOLD HIMSELF OUT AS A STATE-CERTIFIED REAL ESTATE
11 APPRAISER OR TO PERFORM APPRAISALS REQUIRED BY THE FINANCIAL
12 INSTITUTIONS REFORM, RECOVERY AND ENFORCEMENT ACT OF 1989
13 (PUBLIC LAW 101-73), TO BE PERFORMED BY A STATE-CERTIFIED OR
14 STATE-LICENSED REAL ESTATE APPRAISER WHO HAS NOT BEEN CERTIFIED
15 BY THE SUBCOMMITTEE TO PERFORM REAL ESTATE APPRAISALS. NOTHING
16 IN THIS ACT SHALL PROHIBIT A PERSON WHO IS LICENSED UNDER THE
17 ACT OF FEBRUARY 19, 1980 (P.L.15, NO.9), KNOWN AS THE REAL
18 ESTATE LICENSING AND REGISTRATION ACT, FROM PERFORMING A REAL
19 PROPERTY APPRAISAL PURSUANT TO THAT ACT WITHOUT BEING A STATE-
20 CERTIFIED REAL ESTATE APPRAISER IF THAT APPRAISAL IS NOT
21 REQUIRED BY THE FINANCIAL INSTITUTIONS REFORM, RECOVERY AND
22 ENFORCEMENT ACT OF 1989 TO BE PERFORMED BY A STATE-CERTIFIED OR
23 A STATE-LICENSED REAL ESTATE APPRAISER. THE SUBCOMMITTEE SHALL
24 POSTPONE THE PROHIBITION ON THE PERFORMANCE OF APPRAISALS
25 WITHOUT CERTIFICATION FROM ON OR AFTER JULY 1, 1991, TO ON OR
26 AFTER A LATER DATE UPON NOTICE THAT SUCH PROHIBITION HAS BEEN
27 POSTPONED PURSUANT TO THE FINANCIAL INSTITUTIONS REFORM,
28 RECOVERY AND ENFORCEMENT ACT OF 1989.
29 CHAPTER 5
30 REAL ESTATE APPRAISERS BOARD SUBCOMMITTEE <--
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1 Section 501. Creation SUBCOMMITTEE CREATION. <--
2 There is hereby created within the State Real Estate
3 Commission the Real Estate Appraisers Board SUBCOMMITTEE which <--
4 shall consist of the commissioner and six members appointed by
5 the Governor, with the advice and consent of a majority of the
6 members elected to the Senate, two of whom shall be public
7 members and four of whom shall be real estate appraisers.
8 Section 502. Terms.
9 The term of each member shall be three years. Upon expiration <--
10 of their terms, members of the board shall continue to hold
11 office until the appointment and qualification of their
12 successors but not longer than six months beyond the three-year
13 period. No person shall serve as a member of the board for more
14 than two consecutive terms. Initially, two members of the board
15 shall be appointed for one year terms, two members for two year
16 terms and two members for three year terms. Thereafter, all
17 members shall be appointed for three-year terms.
18 (A) GENERAL RULE.--THE TERM OF EACH PROFESSIONAL AND PUBLIC <--
19 MEMBER SHALL BE FOUR YEARS. UPON EXPIRATION OF THEIR TERMS,
20 MEMBERS OF THE SUBCOMMITTEE SHALL CONTINUE TO HOLD OFFICE UNTIL
21 THE APPOINTMENT AND QUALIFICATION OF THEIR SUCCESSORS BUT NOT
22 LONGER THAN SIX MONTHS BEYOND THE FOUR-YEAR PERIOD. IN THE EVENT
23 THAT ANY OF THE MEMBERS SHALL DIE OR RESIGN OR OTHERWISE BECOME
24 DISQUALIFIED DURING HIS OR HER TERM, A SUCCESSOR SHALL BE
25 APPOINTED IN THE SAME WAY AND WITH THE SAME QUALIFICATIONS AND
26 SHALL HOLD OFFICE FOR THE UNEXPIRED TERM. NO MEMBER SHALL BE
27 ELIGIBLE FOR APPOINTMENT TO SERVE MORE THAN TWO CONSECUTIVE
28 TERMS.
29 (B) INITIAL APPOINTMENTS.--WITHIN 90 DAYS OF THE EFFECTIVE
30 DATE OF THIS ACT, THE GOVERNOR SHALL NOMINATE ONE PROFESSIONAL
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1 MEMBER TO SERVE A FOUR-YEAR TERM; ONE PUBLIC MEMBER AND ONE
2 PROFESSIONAL MEMBER TO SERVE THREE-YEAR TERMS; ONE PUBLIC MEMBER
3 AND ONE PROFESSIONAL MEMBER TO SERVE TWO-YEAR TERMS; AND ONE
4 PROFESSIONAL MEMBER TO SERVE A ONE-YEAR TERM.
5 Section 503. Qualifications.
6 (a) Real estate appraisers.--The real estate appraiser
7 members of the board SUBCOMMITTEE shall be members in good <--
8 standing of a nationally recognized appraisal organization that
9 requires appraisal experience, education and testing, as well as
10 adherence to standards of professional practice, to qualify for
11 and retain membership in good standing.
12 (b) Public members.--The public members of the board shall <--
13 be members of the State Real Estate Commission and SUBCOMMITTEE <--
14 shall not be licensees of the department nor real estate
15 appraisers nor employees of any institution engaged in mortgage
16 lending.
17 (c) Certification after 1991.--The real estate appraiser
18 members appointed after January 1, 1991, shall be State-
19 certified real estate appraisers actively engaged in the
20 practice of real estate appraising.
21 Section 504. Meetings.
22 The board SUBCOMMITTEE shall meet at least once each calendar <--
23 quarter to conduct its business. Places of future meetings shall
24 be decided by the vote of members at meetings. THE SUBCOMMITTEE <--
25 SHALL MEET WITHIN 30 DAYS AFTER THE APPOINTMENT OF ITS INITIAL
26 MEMBERS AND SET UP OPERATING PROCEDURES AND AN APPLICATION FORM
27 FOR CERTIFYING APPRAISERS. IT SHALL BE THE RESPONSIBILITY OF THE
28 SUBCOMMITTEE TO CIRCULATE THESE FORMS AND EDUCATE THE PUBLIC TO
29 THE REQUIREMENTS OF CERTIFICATION.
30 Section 505. Officers, quorum and removal.
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1 The members of the board shall elect a secretary from among <--
2 its members. A quorum of the board shall be four members. A
3 member who fails to attend three consecutive meetings shall
4 forfeit his seat unless the commissioner excuses the member
5 because of illness or death of a family member.
6 (A) ANNUAL SELECTION OF OFFICERS.--THE MEMBERS OF THE <--
7 SUBCOMMITTEE SHALL ANNUALLY SELECT, FROM AMONG ITS MEMBERS, A
8 CHAIRMAN, A VICE CHAIRMAN AND A SECRETARY.
9 (B) QUORUM.--A QUORUM OF THE SUBCOMMITTEE SHALL BE FOUR
10 MEMBERS.
11 (C) ATTENDANCE AT MEETINGS.--A MEMBER WHO FAILS TO ATTEND
12 THREE CONSECUTIVE MEETINGS SHALL FORFEIT HIS SEAT UNLESS THE
13 COMMISSIONER, UPON WRITTEN REQUEST FROM THE MEMBER, EXCUSES THE
14 MEMBER BECAUSE OF ILLNESS OR DEATH OF A FAMILY MEMBER.
15 (D) ATTENDANCE AT SEMINARS.--A PUBLIC MEMBER WHO FAILS TO
16 ATTEND TWO CONSECUTIVE STATUTORILY MANDATED SEMINARS IN
17 ACCORDANCE WITH SECTION 813(E) OF THE ACT OF APRIL 9, 1929
18 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929,
19 SHALL FORFEIT HIS SEAT UNLESS THE COMMISSIONER, UPON WRITTEN
20 REQUEST FROM THE PUBLIC MEMBER, EXCUSES THE PUBLIC MEMBER FROM A
21 MEETING BECAUSE OF ILLNESS OR THE DEATH OF A FAMILY MEMBER.
22 (E) SUNSET.--THE SUBCOMMITTEE IS SUBJECT TO EVALUATION,
23 REVIEW AND TERMINATION WITHIN THE TIME AND IN THE MANNER
24 PROVIDED IN THE ACT OF DECEMBER 22, 1981 (P.L.508, NO.142),
25 KNOWN AS THE SUNSET ACT.
26 Section 506. Expenses.
27 Each member of the board SUBCOMMITTEE other than the <--
28 commissioner shall receive reimbursement for reasonable expenses <--
29 TRAVELING, HOTEL AND OTHER NECESSARY EXPENSES INCURRED IN THE <--
30 PERFORMANCE OF THEIR DUTIES in accordance with Commonwealth
19890S0756B2182 - 9 -
1 regulations and per diem compensation at the rate of $60 per day
2 for the time actually devoted to the business of the board <--
3 SUBCOMMITTEE. <--
4 Section 507. Rules and regulations.
5 The board SUBCOMMITTEE shall promulgate rules and regulations <--
6 in aid or in furtherance of this act.
7 Section 508. Powers and duties of the board SUBCOMMITTEE. <--
8 The board SUBCOMMITTEE shall have the following powers and <--
9 duties:
10 (1) Establish educational programs and research projects
11 related to the appraisal of real estate.
12 (2) Establish the administrative procedures for
13 processing applications and issuing certificates for State-
14 certified real estate appraisers and for disciplinary
15 proceedings pursuant to the provisions of this act.
16 (3) To contract with a professional testing organization
17 for the preparation and administration of the examination for
18 each category of State-certified real estate appraisers, in
19 accordance with section 812.1(a) of the act of April 9, 1929
20 (P.L.177, No.175), known as The Administrative Code of 1929,
21 AND THE FINANCIAL INSTITUTIONS REFORM, RECOVERY AND <--
22 ENFORCEMENT ACT OF 1989 (PUBLIC LAW 101-73), and to establish
23 prior to the administration of each examination an
24 appropriate minimum passing score, in keeping with the
25 purposes of this act. The examination shall be a written
26 examination in accordance with the provisions of section 903.
27 (4) Further define by regulation and with respect to
28 each category of State-certified real estate appraisers the
29 type of educational experience, appraisal experience and
30 equivalent experience that will meet the statutory
19890S0756B2182 - 10 -
1 requirements of this act.
2 (5) Further define by regulation and with respect to
3 each category of State-certified real estate appraisers the
4 continuing education requirements for the renewal of
5 certification that will meet the statutory requirements
6 provided in this act.
7 (6) Adopt standards for the development and
8 communication of real estate appraisals, and adopt
9 regulations explaining and interpreting the standards of the
10 Appraisal Foundation.
11 (7) Perform such other functions and duties as may be
12 necessary in carrying out this act including, but not limited
13 to, the review from time to time the standards for the
14 development and communication of real estate appraisals.
15 (8) TO DENY, APPROVE, ISSUE, REVOKE, SUSPEND OR RENEW <--
16 CERTIFICATIONS OF REAL ESTATE APPRAISERS PURSUANT TO THIS ACT
17 AND TO CONDUCT HEARINGS IN CONNECTION THEREWITH.
18 (9) TO ESTABLISH FEES FOR THE OPERATION OF THE
19 SUBCOMMITTEE, INCLUDING FEES FOR THE ISSUANCE AND RENEWAL OF
20 CERTIFICATES AND FOR EXAMINATIONS.
21 (10) TO CONDUCT HEARINGS UPON COMPLAINTS CONCERNING
22 VIOLATIONS OF THE PROVISIONS OF THIS ACT AND THE RULES AND
23 REGULATIONS ADOPTED PURSUANT TO THIS ACT AND SEEK THE
24 PROSECUTION AND ENJOINDER OF ALL SUCH VIOLATIONS.
25 (11) TO EXPEND MONEYS NECESSARY TO THE PROPER CARRYING
26 OUT OF ITS ASSIGNED DUTIES.
27 (12) TO SUBMIT ANNUALLY A REPORT TO THE PROFESSIONAL
28 LICENSURE COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND TO
29 THE CONSUMER PROTECTION AND PROFESSIONAL LICENSURE COMMITTEE
30 OF THE SENATE CONTAINING A DESCRIPTION OF THE TYPES OF
19890S0756B2182 - 11 -
1 COMPLAINTS RECEIVED, STATUS OF THE CASES, SUBCOMMITTEE ACTION
2 WHICH HAS BEEN TAKEN AND LENGTH OF TIME FROM THE INITIAL
3 COMPLAINT TO FINAL SUBCOMMITTEE RESOLUTION.
4 (13) TO SUBMIT ANNUALLY TO THE DEPARTMENT AN ESTIMATE OF
5 THE FINANCIAL REQUIREMENT OF THE SUBCOMMITTEE FOR ITS
6 ADMINISTRATIVE, INVESTIGATIVE, LEGAL AND MISCELLANEOUS
7 EXPENSES.
8 (14) TO SUBMIT ANNUALLY TO THE APPROPRIATIONS COMMITTEES
9 OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, 15 DAYS AFTER
10 THE GOVERNOR HAS SUBMITTED HIS BUDGET TO THE GENERAL
11 ASSEMBLY, A COPY OF THE BUDGET REQUEST FOR THE UPCOMING
12 FISCAL YEAR WHICH THE SUBCOMMITTEE PREVIOUSLY SUBMITTED TO
13 THE DEPARTMENT.
14 Section 509. Registry.
15 The board SUBCOMMITTEE shall maintain a registry of the names <--
16 and addresses of people certified under this act. The board <--
17 SUBCOMMITTEE shall retain these records and all application <--
18 materials submitted to it.
19 Section 510. Annual reports.
20 The board SUBCOMMITTEE shall file with the department an <--
21 annual report of its activities, including a complete statement
22 of the receipts and disbursements of the board SUBCOMMITTEE. <--
23 CHAPTER 7
24 REVENUE
25 Section 701. Initial funding FUNDING. <--
26 (a) Initial fees.--The board shall charge and collect <--
27 initial funding fees not in excess of the following:
28 (1) Application fee for certification............$200.00
29 (2) Examination fee...............................100.00
30 (3) Annual certificate renewal fee................100.00
19890S0756B2182 - 12 -
1 (4) Delinquent renewal fee.........................25.00
2 (b) Fees paid into operating account.--All fees shall be
3 paid into the board's operating account.
4 (c) No Commonwealth funds.--The board shall receive no
5 Commonwealth funds through appropriation or otherwise and shall
6 not expend any such Commonwealth funds.
7 ALL FEES SHALL BE PAID INTO THE SUBCOMMITTEE'S OPERATING <--
8 ACCOUNT.
9 Section 702. Fees.
10 (a) Establishment.--All fees required under this act shall
11 be fixed by the board SUBCOMMITTEE by regulation and shall be <--
12 subject to review in accordance with the act of June 25, 1982
13 (P.L.633, No.181), known as the Regulatory Review Act. If the
14 projected revenues to be generated by fees, fines and civil
15 penalties imposed in accordance with the provisions of this act
16 are not sufficient to match expenditures over a two-year period,
17 the board SUBCOMMITTEE shall increase those fees by regulation, <--
18 subject to review in accordance with the Regulatory Review Act,
19 so that the projected revenues will meet or exceed projected
20 expenditures.
21 (b) Power of bureau to increase fees.--If the Bureau of
22 Professional and Occupational Affairs determines that the fees
23 established by the board SUBCOMMITTEE are inadequate to meet the <--
24 minimum enforcement efforts required, then the bureau, after
25 consultation with the board SUBCOMMITTEE, shall increase the <--
26 fees by regulation, subject to review in accordance with the
27 Regulatory Review Act, so that adequate revenue is raised to
28 meet the required enforcement effort.
29 (C) ADDITIONAL FEES.--IN ADDITION TO FEES ESTABLISHED <--
30 PURSUANT TO THIS ACT, THE SUBCOMMITTEE IS AUTHORIZED TO COLLECT
19890S0756B2182 - 13 -
1 AND TRANSMIT TO THE APPRAISAL SUBCOMMITTEE ESTABLISHED PURSUANT
2 TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY AND ENFORCEMENT
3 ACT OF 1989 (PUBLIC LAW 101-73 § 1011) FEES REQUIRED UNDER THAT
4 ACT.
5 CHAPTER 9
6 CERTIFICATION PROCESS
7 Section 901. Examinations.
8 (a) Applications.--Applications for examinations, original
9 certification and renewal certification made pursuant to this
10 act shall be made in writing to the board SUBCOMMITTEE, on forms <--
11 provided by the board. SUBCOMMITTEE, EVIDENCING 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 (3) HE OR SHE HAS NOT BEEN CONVICTED OF A FELONY UNDER
16 THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
17 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR OF AN
18 OFFENSE UNDER THE LAWS OF ANOTHER JURISDICTION, WHICH, IF
19 COMMITTED IN THIS COMMONWEALTH, WOULD BE A FELONY UNDER THE
20 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, UNLESS:
21 (I) AT LEAST TEN YEARS HAVE ELAPSED FROM THE DATE OF
22 CONVICTION;
23 (II) THE APPLICANT SATISFACTORILY DEMONSTRATES TO
24 THE SUBCOMMITTEE THAT HE OR SHE HAS MADE SIGNIFICANT
25 PROGRESS IN PERSONAL REHABILITATION SINCE THE CONVICTION,
26 SUCH THAT LICENSURE OF THE APPLICANT SHOULD NOT BE
27 EXPECTED TO CREATE A SUBSTANTIAL RISK OF HARM TO THE
28 HEALTH AND SAFETY OF HIS OR HER CLIENTS OR THE PUBLIC OR
29 A SUBSTANTIAL RISK OF FURTHER CRIMINAL VIOLATIONS; AND
30 (III) THE APPLICANT OTHERWISE SATISFIES THE
19890S0756B2182 - 14 -
1 QUALIFICATIONS CONTAINED IN OR AUTHORIZED BY THIS ACT. AS
2 USED IN THIS PARAGRAPH, THE TERM "CONVICTED" SHALL
3 INCLUDE A JUDGMENT, AN ADMISSION OF GUILT OR A PLEA OF
4 NOLO CONTENDERE.
5 (b) Fee.--Appropriate fees, as fixed by the board <--
6 SUBCOMMITTEE pursuant to section 702, shall accompany all <--
7 applications for examination, original certification and renewal
8 certification.
9 (c) Statement.--At the time of filing an application for
10 certification, each applicant shall sign a pledge to comply with
11 the standards set forth in this act and state that the applicant
12 understands the types of misconduct for which disciplinary
13 proceedings may be initiated against a State-certified real
14 estate appraiser, as set forth in this act.
15 Section 902. Classes of certification.
16 There shall be two classes of certification for certified
17 real estate appraisers. One class shall consist of those persons
18 applying for certification relating solely to the appraisal of
19 residential real property of one to four units, and up to 12
20 units when a net income capitalization analysis is not required
21 by the terms of the assignment. The other class of certification
22 shall consist of those persons applying for a general
23 certification relating to the appraisal of real property. BOTH <--
24 RESIDENTIAL AND NONRESIDENTIAL REAL PROPERTY WITHOUT LIMITATION.
25 The application for examination, original certification and
26 renewal certification shall specify the classification being
27 applied for.
28 Section 903. Written examination; contents.
29 An original certification as a State-certified real estate
30 appraiser shall not be issued to any person who has not
19890S0756B2182 - 15 -
1 demonstrated through a written examination process that that
2 person possesses the following:
3 (1) Appropriate knowledge of technical terms commonly
4 used in or related to real estate appraising, appraisal
5 report writing and economic concepts applicable to real
6 estate.
7 (2) Basic understanding of real estate law.
8 (3) Adequate knowledge of theories of depreciation, cost
9 estimating, methods of capitalization and the mathematics of
10 real estate appraisal.
11 (4) Understanding of the principles of land economics,
12 real estate appraisal processes and of problems likely to be
13 encountered in the gathering, interpreting and processing of
14 data in carrying out appraisal disciplines.
15 (5) Understanding of the standards for the development
16 and communication of real estate appraisals as provided in
17 this act.
18 (6) Understanding the types of misconduct for which
19 disciplinary proceedings may be initiated against a State-
20 certified real estate appraiser, as set forth in this act.
21 Section 904. Prerequisites.
22 (a) General certification.--As a prerequisite to taking the
23 examination for the general certification relating to the
24 appraisal of real property, an applicant shall present evidence
25 satisfactory to the board SUBCOMMITTEE that the applicant <--
26 possesses the equivalent of three years of full-time experience
27 in real property appraisal, acquired within a period of five
28 years immediately preceding the filing of the application for
29 certification, or the equivalent thereof, and either:
30 (1) has a college degree PLUS 15 CLASSROOM HOURS RELATED <--
19890S0756B2182 - 16 -
1 TO STANDARDS OF PROFESSIONAL PRACTICE AND THE PROVISIONS OF
2 THIS ACT; or
3 (2) has successfully completed not less than 150
4 classroom hours of academic experience in subjects related to
5 real estate appraisal plus 15 classroom hours related to
6 standards of professional practice and the provisions of this
7 act.
8 (b) Residential real estate appraisal.--As a prerequisite to
9 taking the examination for certification relating solely to the
10 appraisal of residential real property of one to four units, and
11 up to 12 units when a net income capitalization analysis is not
12 required by the terms of the assignment, an applicant shall
13 present evidence satisfactory to the board SUBCOMMITTEE that the <--
14 applicant possesses the equivalent of two years of full-time
15 experience in real property appraisal, acquired within a period
16 of five years immediately preceding the filing of the
17 application for certification, or the equivalent thereof, and
18 either:
19 (1) has a college degree PLUS 15 CLASSROOM HOURS RELATED <--
20 TO STANDARDS OF PROFESSIONAL PRACTICE AND THE PROVISIONS OF
21 THIS ACT; or
22 (2) has successfully completed not less than 60
23 classroom hours of academic experience in subjects related to
24 real estate appraisal plus 15 classroom hours related to
25 standards of professional practice and the provisions of this
26 act.
27 (c) Definition of subjects.--The board SUBCOMMITTEE shall <--
28 prescribe and define the subjects related to real property
29 appraisal, and the full-time experience in real property
30 appraisal which will satisfy the requirements of subsections (a)
19890S0756B2182 - 17 -
1 and (b).
2 (d) Statement of experience.--Each applicant for
3 certification shall furnish a detailed statement of the real
4 estate appraisal assignments for each year for which experience
5 is claimed by the applicant. Upon request, the applicant shall
6 furnish to the board SUBCOMMITTEE, for examination, copies of <--
7 appraisal reports which the applicant has prepared in the course
8 of appraisal experience.
9 Section 905. False statements.
10 It is unlawful for any person to knowingly make any false
11 statements with respect to that person's identity in connection
12 with an application for examination or in the taking of an
13 examination for certification as a State-certified real estate
14 appraiser.
15 Section 906. Denial of certification.
16 The board SUBCOMMITTEE may, in accordance with the provisions <--
17 of this act relating to hearings, deny the issuance of a
18 certificate as a State-certified real estate appraiser to an
19 applicant on any of the grounds enumerated in Chapter 13.
20 Section 907. Duration of certification.
21 The term of a certificate issued under the authority of this
22 act shall be two years from the date of issuance. The expiration
23 date of the certificate shall appear on the certificate, and no
24 other notice of its expiration need be given to its holder.
25 Section 908. Nonresidents.
26 (a) Service of process.--Every applicant for certification
27 under this act who is not a resident of this Commonwealth shall
28 submit, with the application for certification, an irrevocable
29 consent that service of process upon the nonresident applicant
30 may be made by delivery of the process to the Secretary of the
19890S0756B2182 - 18 -
1 Commonwealth if the plaintiff, in an action against the
2 applicant in a court of this Commonwealth arising out of the
3 applicant's activities as a State-certified real estate
4 appraiser, cannot, in the exercise of due diligence, effect
5 personal service upon the applicant.
6 (b) Certification of nonresident.--A nonresident of this
7 Commonwealth who has complied with the provisions of subsection
8 (a) may obtain a certificate as a State-certified real estate
9 appraiser by conforming to all the provisions of this act
10 relating to State-certified real estate appraisers.
11 Section 909. Recognition of other State certification.
12 The board SUBCOMMITTEE shall issue a certificate as a State- <--
13 certified real estate appraiser to a holder of a certificate
14 issued by another state, upon a showing that both of the
15 following requirements are met:
16 (1) The applicant passed the examination required for
17 issuance of the applicant's certificate with passing grades
18 that would have been passing grades at the time in this
19 Commonwealth.
20 (2) If the applicant is applying for:
21 (i) general certification, the applicant shall meet
22 the requirements of section 904(a); or
23 (ii) certification relating solely to the appraisal
24 of residential real property of one to four units and up
25 to 12 units when a net income capitalization analysis is
26 not required by the terms of the assignment, the
27 applicant shall meet the requirements of section 904(b).
28 Section 910. Renewals.
29 (a) General rule.--To obtain a renewal certificate as a
30 State-certified real estate appraiser, the holder of a current,
19890S0756B2182 - 19 -
1 valid certificate shall make application and pay the prescribed
2 fee to the board SUBCOMMITTEE not earlier than 120 days nor <--
3 later than 30 days prior to the expiration date of the
4 certificate held. With the application for renewal, the State-
5 certified real estate appraiser shall present evidence in the
6 form prescribed by the board SUBCOMMITTEE of having completed <--
7 the continuing education requirements for renewal set forth in
8 Chapter 11.
9 (b) Extension of time.--If the board SUBCOMMITTEE determines <--
10 that an applicant has failed to meet the requirements for
11 renewal of certification through mistake, misunderstanding or
12 circumstances beyond the control of the applicant, the board <--
13 SUBCOMMITTEE may extend the term of the certificate for a period <--
14 not to exceed six months, upon payment by the applicant of a
15 prescribed fee for the extension. If the applicant satisfies the
16 requirement for renewal during the extended time of
17 certification, the beginning date of the new renewal certificate
18 shall be the day following the expiration of the certificate
19 previously held by the applicant.
20 Section 911. Late renewals.
21 If the person fails to renew a certificate of a State-
22 certified real estate appraiser prior to its expiration or
23 within a period of extension granted by the board SUBCOMMITTEE <--
24 pursuant to section 910, the person may obtain a renewal
25 certificate by satisfying all the requirements for renewal and
26 by the payment of a late renewal fee in an amount equal to one
27 and one-third times the renewal fee in effect at the time the
28 application is made for late renewal of the certificate.
29 Section 912. No corporate certification.
30 No certificate shall be issued under the provisions of this
19890S0756B2182 - 20 -
1 act to a corporation, partnership, firm or group. Nothing herein
2 shall preclude a State-certified real estate appraiser from
3 rendering appraisals for or on behalf of a corporation,
4 partnership, firm or group practice, provided that the appraisal
5 report is prepared by, or under the immediate direction of, the
6 State-certified real estate appraiser and is signed by the
7 State-certified real estate appraiser.
8 Section 913. Address of principal office.
9 Each State-certified real estate appraiser shall advise the
10 board SUBCOMMITTEE of the address of the appraiser's principal <--
11 place of business and all other addresses at which that
12 appraiser is currently engaged in the business of preparing real
13 property appraisal reports. Whenever a State-certified real
14 estate appraiser changes a place of business, the appraiser
15 shall amend the certificate issued by the board SUBCOMMITTEE to <--
16 reflect the change and shall immediately give written
17 notification of the change to the board SUBCOMMITTEE. <--
18 Section 914. Signatures of board SUBCOMMITTEE members. <--
19 A certificate issued under the authority of this act shall
20 bear the signatures or facsimile signatures of the members of
21 the board SUBCOMMITTEE and a certificate number assigned by the <--
22 board SUBCOMMITTEE. <--
23 Section 915. Use of certification number.
24 Each State-certified real estate appraiser shall place the
25 certificate number adjacent to or immediately below the
26 designation "State-Certified Real Estate Appraiser" when used in
27 an appraisal report or in a contract or other instrument used by
28 the certificate holder in conducting real property appraisal
29 activities.
30 Section 916. Limitation on use of term.
19890S0756B2182 - 21 -
1 The term "State-Certified Real Estate Appraiser" may only be
2 used to refer to individuals who hold the certificate and may
3 not be used following or immediately in connection with the name
4 or signature of a firm, partnership, corporation or group, or in
5 such manner that it might be interpreted as referring to a firm,
6 partnership, corporation, group or anyone other than an
7 individual holder of the certificate.
8 Section 917. Reinstatement options.
9 The board may require as a prerequisite to the granting of an <--
10 application for reinstatement of a revoked certificate that the
11 applicant successfully complete the written examination process
12 referred to in section 903.
13 UNLESS ORDERED TO DO SO BY COMMONWEALTH COURT OR AN APPEAL <--
14 THEREFROM, THE SUBCOMMITTEE SHALL NOT REINSTATE THE
15 CERTIFICATION OF A PERSON TO APPRAISE REAL ESTATE, PURSUANT TO
16 THIS ACT, WHICH HAS BEEN REVOKED. ANY PERSON WHOSE CERTIFICATION
17 HAS BEEN REVOKED MAY APPLY FOR REINSTATEMENT, AFTER A PERIOD OF
18 AT LEAST FIVE YEARS, BUT MUST MEET ALL OF THE CERTIFICATION
19 QUALIFICATIONS OF THIS ACT, INCLUDING THE EXAMINATION
20 REQUIREMENT, IF HE DESIRES TO APPRAISE REAL ESTATE AS A
21 CERTIFIED REAL ESTATE APPRAISER PURSUANT TO THIS ACT AT ANY TIME
22 AFTER SUCH REVOCATION.
23 SECTION 918. REPORTING OF MULTIPLE CERTIFICATION.
24 ANY CERTIFIED REAL ESTATE APPRAISER OF THIS COMMONWEALTH WHO
25 IS ALSO CERTIFIED AS A REAL ESTATE APPRAISER IN ANY OTHER STATE,
26 TERRITORY OR COUNTRY SHALL REPORT THIS INFORMATION TO THE
27 SUBCOMMITTEE ON THE BIENNIAL RENEWAL APPLICATION. ANY
28 DISCIPLINARY ACTION TAKEN IN ANY OTHER STATE, TERRITORY OR
29 COUNTRY SHALL BE REPORTED TO THE SUBCOMMITTEE ON THE BIENNIAL
30 RENEWAL APPLICATION, OR WITHIN 90 DAYS OF DISPOSITION, WHICHEVER
19890S0756B2182 - 22 -
1 IS SOONER. MULTIPLE CERTIFICATION SHALL BE NOTED BY THE
2 SUBCOMMITTEE ON THE REAL ESTATE APPRAISER'S RECORD, AND SUCH
3 STATE, TERRITORY OR COUNTRY SHALL BE NOTIFIED BY THE
4 SUBCOMMITTEE OF ANY DISCIPLINARY ACTIONS TAKEN AGAINST SUCH
5 CERTIFIED REAL ESTATE APPRAISER IN THIS COMMONWEALTH.
6 SECTION 919. SURRENDER OF SUSPENDED OR REVOKED CERTIFICATION.
7 THE SUBCOMMITTEE SHALL REQUIRE A PERSON WHOSE CERTIFICATION
8 HAS BEEN SUSPENDED OR REVOKED TO RETURN THE CERTIFICATION IN
9 SUCH MANNER AS THE SUBCOMMITTEE DIRECTS. FAILURE TO DO SO SHALL
10 BE A MISDEMEANOR OF THE THIRD DEGREE.
11 CHAPTER 11
12 CONTINUING EDUCATION
13 Section 1101. General rule.
14 (a) Prerequisite.--As a prerequisite to renewal of
15 certification, a State-certified real estate appraiser shall
16 present evidence satisfactory to the board SUBCOMMITTEE of <--
17 having met the continuing education requirements of this act.
18 (b) Basic continuing education requirement.--The basic
19 continuing education requirement for renewal of certification
20 shall be the completion by the applicant, during the immediately
21 preceding term of certification, of not less than 30 classroom
22 hours of instruction in courses which have received the approval
23 of the board. SUBCOMMITTEE. NO CREDIT SHALL BE GIVEN FOR ANY <--
24 COURSE IN OFFICE MANAGEMENT OR PRACTICE BUILDING.
25 (c) Alternatives.--In lieu of meeting the requirements of
26 subsection (b), an applicant for recertification may satisfy all
27 or part of the requirements of the act by presenting evidence of
28 the following:
29 (1) Completion of courses of study determined by the
30 board SUBCOMMITTEE to be equivalent, for continuing education <--
19890S0756B2182 - 23 -
1 purposes, to courses approved by the board SUBCOMMITTEE <--
2 pursuant to subsection (b).
3 (2) Participation other than as a student in educational
4 processes and programs in real property appraisal theory,
5 practices or techniques, including, but not necessarily
6 limited to, teaching, program development and preparation of
7 textbooks, monographs, articles and other instructional
8 materials.
9 Section 1102. Additional rules and regulations.
10 (a) Promulgation.--The board SUBCOMMITTEE shall adopt <--
11 regulations for implementation of the provisions of this act to
12 the end of assuring that persons renewing their certifications
13 as State-certified real estate appraisers have current knowledge
14 of real property appraisal theories, practices and techniques
15 which will provide a high degree of service and protection to
16 those members of the public with whom they deal in a
17 professional relationship under authority of the certification.
18 The regulation shall prescribe the following:
19 (1) Policies and procedures for obtaining board <--
20 SUBCOMMITTEE approval of courses of instruction in accordance <--
21 with section 1101(b).
22 (2) Standards, policies and procedures to be applied by
23 the board SUBCOMMITTEE in evaluating applicants' claims of <--
24 equivalency in accordance with section 1101(c).
25 (3) Standards, monitoring methods and systems for
26 recording attendance to be employed by course sponsors as a
27 prerequisite to board SUBCOMMITTEE approval of courses for <--
28 credit.
29 (b) Materials available to board SUBCOMMITTEE.--In adopting <--
30 regulations pursuant to subsection (a)(1), the board <--
19890S0756B2182 - 24 -
1 SUBCOMMITTEE may utilize courses of instruction, seminars and <--
2 other real property appraisal education courses or programs
3 previously or hereafter developed by or under the auspices of
4 professional appraisal organizations and utilized by those
5 associations for purposes of designation, certification or
6 recertification of the members of the association.
7 (c) Effect of repeal on renewal credit.--No amendment or
8 repeal of a regulation adopted by the board SUBCOMMITTEE <--
9 pursuant to this section shall operate to deprive a State-
10 certified real estate appraiser of credit toward renewal of
11 certification for any course of instruction completed by the
12 applicant prior to the amendment or repeal of the regulation
13 which would have qualified for continuing education credit under
14 the regulation as it existed prior to the repeal or amendment.
15 Section 1103. Mandatory requirement.
16 On and after January 1, 1991, a certification as a State-
17 certified real estate appraiser that has been revoked as a
18 result of disciplinary action by the board SUBCOMMITTEE shall <--
19 not be reinstated unless the applicant presents evidence of
20 completion of the continuing education required by this act.
21 This requirement of evidence of continuing education shall not
22 be imposed upon an applicant for reinstatement who has been
23 required to successfully complete the examination for State-
24 certified real estate appraiser as a condition to reinstatement
25 of certification.
26 CHAPTER 13
27 DISCIPLINARY PROCEEDINGS
28 Section 1301. General rule.
29 The rights of any holder under a certificate as a State-
30 certified real estate appraiser may be revoked or suspended, or
19890S0756B2182 - 25 -
1 the holder of the certificate may be otherwise disciplined in
2 accordance with the provisions of this act relating to hearings,
3 upon any of the grounds set forth in this act.
4 Section 1302. Disciplinary action.
5 (a) Investigation.--The board SUBCOMMITTEE may investigate <--
6 the actions of a State-certified real estate appraiser, and may
7 revoke or suspend the rights of a certificate holder or
8 otherwise discipline a State-certified real estate appraiser for
9 any of the following acts:
10 (1) Procuring or attempting to procure a certificate
11 pursuant to this act by knowingly making a false statement,
12 submitting false information, refusing to provide complete
13 information in response to a question in an application for
14 certification or through any form of fraud or
15 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 SUBCOMMITTEE to procure a <--
21 certificate under this act.
22 (4) A conviction, including a conviction based upon a
23 plea of guilty or nolo contendere, of a crime which is
24 substantially related to the qualifications, functions and
25 duties of a person developing real estate appraisals and
26 communicating real estate appraisals to others.
27 (5) An act or omission involving dishonesty, fraud or
28 misrepresentation with intent to substantially benefit the
29 certificate holder in his profession or with the intent to
30 substantially injure another person.
19890S0756B2182 - 26 -
1 (6) Violation of any of the standards for the
2 development or communication of real estate appraisals as
3 provided in this act and the Uniform Standards of
4 Professional Appraisal Practice promulgated by the Appraisal
5 Standards Board of the Appraisal Foundation.
6 (7) Failure or refusal, without good cause, to exercise
7 reasonable diligence in developing an appraisal, preparing an
8 appraisal report or communicating an appraisal.
9 (8) Negligence or incompetence in developing an
10 appraisal, in preparing an appraisal report or in
11 communicating an appraisal.
12 (9) Willfully disregarding or violating any of the
13 provisions of this act or the regulations of the board <--
14 SUBCOMMITTEE for the administration and enforcement of the <--
15 provisions of this act.
16 (10) Accepting an appraisal assignment when the
17 employment itself is contingent upon the appraiser reporting
18 a predetermined analysis or opinion, or where the fee to be
19 paid for the performance of the appraisal assignment is
20 contingent upon the opinion, conclusion or valuation reached,
21 or upon the consequence resulting from the appraisal
22 assignment.
23 (11) Violating the confidential nature of records to
24 which the appraiser gained access through employment or
25 engagement as an appraiser.
26 (12) MAKING THE FEE OR COMPENSATION CONTINGENT UPON AN <--
27 AWARD OR RECOVERY IN ANY CASE WHERE THE AMOUNT OF THE AWARD
28 OR RECOVERY WOULD BE AFFECTED BY THE APPRAISAL.
29 (13) BASING THE FEE OR COMPENSATION ON A PERCENTAGE OF
30 THE FINAL ESTIMATE OF VALUE.
19890S0756B2182 - 27 -
1 (14) CONTRACTING FOR OR ACCEPTING COMPENSATION FOR
2 APPRAISAL SERVICES IN THE FORM OF A COMMISSION, REBATE,
3 DIVISION OF BROKERAGE COMMISSIONS OR ANY OTHER SIMILAR FORM.
4 (b) Basis for action.--An act, omission or crime that is a
5 ground for disciplinary action under this section shall
6 constitute a basis for disciplinary action against another
7 license of the State-certified real estate appraiser if the act
8 or omission involved is substantially related to the
9 qualification, functions or duties required of a person acting
10 under authority of the other license.
11 Section 1303. Effect of civil suit.
12 The board SUBCOMMITTEE may suspend or revoke the certificate <--
13 of a State-certified real estate appraiser based upon a final
14 civil judgment against the person on grounds of fraud,
15 misrepresentation or deceit in making of an appraisal of real
16 property. In a disciplinary proceeding based upon the judgment,
17 the State-certified real estate appraiser shall be afforded
18 notice and the opportunity to present matters in mitigation and
19 extenuation, but may not collaterally attack the civil judgment.
20 Section 1304. Conduct of proceedings.
21 Disciplinary proceedings before the board SUBCOMMITTEE shall <--
22 be conducted in accordance with 2 Pa.C.S. (relating to
23 administrative law and procedure).
24 SECTION 1305. SUBPOENAS. <--
25 (A) POWER TO ISSUE.--THE SUBCOMMITTEE SHALL HAVE THE
26 AUTHORITY TO ISSUE SUBPOENAS, UPON APPLICATION OF AN ATTORNEY
27 RESPONSIBLE FOR REPRESENTING THE COMMONWEALTH IN DISCIPLINARY
28 MATTERS BEFORE THE SUBCOMMITTEE, FOR THE PURPOSE OF
29 INVESTIGATING ALLEGED VIOLATIONS OF THE DISCIPLINARY PROVISIONS
30 ADMINISTERED BY THE SUBCOMMITTEE. THE SUBCOMMITTEE SHALL HAVE
19890S0756B2182 - 28 -
1 THE POWER TO SUBPOENA WITNESSES, TO ADMINISTER OATHS, TO EXAMINE
2 WITNESSES AND TO TAKE SUCH TESTIMONY OR COMPEL THE PRODUCTION OF
3 SUCH BOOKS, RECORDS, PAPERS AND DOCUMENTS AS IT MAY DEEM
4 NECESSARY OR PROPER IN, AND PERTINENT TO, ANY PROCEEDING,
5 INVESTIGATION OR HEARING HELD OR HAD BY IT. CLIENT RECORDS MAY
6 NOT BE SUBPOENAED WITHOUT CONSENT OF THE CLIENT OR WITHOUT ORDER
7 OF A COURT OF COMPETENT JURISDICTION ON A SHOWING THAT THE
8 RECORDS ARE REASONABLY NECESSARY FOR THE CONDUCT OF THE
9 INVESTIGATION. THE COURT MAY IMPOSE SUCH LIMITATIONS ON THE
10 SCOPE OF THE SUBPOENA AS ARE NECESSARY TO PREVENT UNNECESSARY
11 INTRUSION INTO CLIENT CONFIDENTIAL INFORMATION. THE SUBCOMMITTEE
12 IS AUTHORIZED TO APPLY TO COMMONWEALTH COURT TO ENFORCE ITS
13 SUBPOENAS.
14 (B) NOTIFICATION OF SUBCOMMITTEE.--AN ATTORNEY RESPONSIBLE
15 FOR REPRESENTING THE COMMONWEALTH IN DISCIPLINARY MATTERS BEFORE
16 THE SUBCOMMITTEE SHALL NOTIFY THE SUBCOMMITTEE IMMEDIATELY UPON
17 RECEIVING NOTIFICATION OF AN ALLEGED VIOLATION OF THIS ACT. THE
18 SUBCOMMITTEE SHALL MAINTAIN CURRENT RECORDS OF ALL REPORTS OF
19 ALLEGED VIOLATIONS AND PERIODICALLY REVIEW THE RECORDS FOR THE
20 PURPOSE OF DETERMINING THAT EACH ALLEGED VIOLATION HAS BEEN
21 RESOLVED IN A TIMELY MANNER.
22 SECTION 1306. UNLAWFUL PRACTICE.
23 (A) UNLAWFUL PRACTICE PROHIBITED.--IT SHALL BE UNLAWFUL FOR
24 ANY PERSON TO HOLD HIMSELF OUT AS A CERTIFIED REAL ESTATE
25 APPRAISER WITHOUT POSSESSING A VALID, UNEXPIRED, UNREVOKED AND
26 UNSUSPENDED CERTIFICATION ISSUED UNDER THIS ACT.
27 (B) INJUNCTION.--UNLAWFUL PRACTICE MAY BE ENJOINED BY THE
28 COURTS UPON PETITION OF THE COMMISSIONER OR THE SUBCOMMITTEE. IN
29 ANY PROCEEDING UNDER THIS SECTION, IT SHALL NOT BE NECESSARY TO
30 SHOW THAT ANY PERSON IS INDIVIDUALLY INJURED BY THE ACTIONS
19890S0756B2182 - 29 -
1 COMPLAINED OF. IF THE COURT FINDS THAT THE RESPONDENT HAS
2 VIOLATED THIS SECTION, IT SHALL ENJOIN HIM FROM SO PRACTICING
3 UNTIL HE HAS BEEN DULY CERTIFICATED. PROCEDURE IN SUCH CASES
4 SHALL BE THE SAME AS IN ANY OTHER INJUNCTION SUIT.
5 (C) REMEDY CUMULATIVE.--THE INJUNCTIVE RELIEF PROVIDED IN
6 THIS SECTION SHALL BE IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL
7 PROSECUTION AND PUNISHMENT.
8 CHAPTER 15
9 APPRAISAL REPORTS
10 Section 1501. Reports.
11 (a) Format.--Any certified appraisal report shall be
12 presented in clear and unequivocal terms with sufficient
13 information to enable the user of that report, or any person who
14 may be expected to rely on it, to understand it properly, and in
15 such a manner to avoid being misleading.
16 (b) Items covered.--Any written certified appraisal report
17 shall include, but not be limited to, all of the following:
18 (1) A discussion of any qualifications of the opinions
19 or conclusions contained in the report, or in contrast with
20 generally recognized appraisal practices, any limitations on
21 the scope of the report or omissions.
22 (2) A statement as to whether any person other than the
23 appraiser whose signature appears on the report prepared the
24 analysis, opinion or conclusions contained in the report, and
25 if so, the identity of that person.
26 (3) A statement as to whether the person signing the
27 report has a present or contemplated future interest in the
28 property which is the subject of the appraisal or has a
29 relationship with the owner of the property or with the
30 prospective user of the appraisal data which would constitute
19890S0756B2182 - 30 -
1 a conflict of interest. If the report contains an affirmative
2 statement with respect to these factors, it shall also
3 include a conspicuous and accurate statement of the
4 relationship.
5 (4) A certification that the statements of fact
6 contained in the report are true and correct to the best
7 knowledge and belief of the appraiser.
8 (5) A certification that the analysis, opinion and
9 conclusions were developed and the report was prepared in
10 conformity with the requirements of this act or a statement
11 of the particulars for which that certification is not made.
12 CHAPTER 17
13 MISCELLANEOUS
14 Section 1701. Records.
15 A State-certified real estate appraiser shall retain, for two
16 years, appraisal reports and supporting data assembled and
17 formulated by the appraiser in preparing appraisal reports. The
18 period of retention of the records applicable to each engagement
19 of the services of the appraiser shall run from the date of the
20 submittal of the appraisal report to the client unless, within
21 such two-year period, the appraiser is notified that the
22 appraisal or report is involved in litigation. These records
23 shall be made available by the State-certified real estate
24 appraiser for inspection and copying by the board SUBCOMMITTEE <--
25 on reasonable notice to the appraiser.
26 Section 1702. Criminal penalty PENALTIES. <--
27 (A) CRIMINAL PENALTY.--Any person who willfully violates or <--
28 knowingly participates in the violation of section 905 commits a
29 misdemeanor in the third degree.
30 (B) CIVIL PENALTY.--IN ADDITION TO ANY OTHER CIVIL REMEDY OR <--
19890S0756B2182 - 31 -
1 CRIMINAL PENALTY PROVIDED FOR IN THIS ACT, THE SUBCOMMITTEE, BY
2 A VOTE OF THE MAJORITY OF THE MAXIMUM NUMBER OF THE AUTHORIZED
3 MEMBERSHIP OF THE SUBCOMMITTEE AS PROVIDED BY LAW, OR BY A VOTE
4 OF THE MAJORITY OF THE DULY QUALIFIED AND CONFIRMED MEMBERSHIP
5 OR A MINIMUM OF THREE MEMBERS, WHICHEVER IS GREATER, MAY LEVY A
6 CIVIL PENALTY OF UP TO $1,000 ON ANY CURRENT CERTIFICATE HOLDER
7 WHO VIOLATES ANY PROVISION OF THIS ACT OR ON ANY PERSON WHO
8 HOLDS HIMSELF OUT AS A CERTIFIED REAL ESTATE APPRAISER WITHOUT
9 BEING SO CERTIFIED PURSUANT TO THIS ACT. THE SUBCOMMITTEE SHALL
10 LEVY THIS PENALTY ONLY AFTER AFFORDING THE ACCUSED PARTY THE
11 OPPORTUNITY FOR A HEARING AS PROVIDED IN 2 PA.C.S. (RELATING TO
12 ADMINISTRATIVE LAW AND PROCEDURE).
13 (C) DISPOSITION.--ALL FINES AND CIVIL PENALTIES IMPOSED IN
14 ACCORDANCE WITH THIS SECTION SHALL BE PAID INTO THE PROFESSIONAL
15 LICENSURE AUGMENTATION ACCOUNT.
16 Section 1703. Action for damages.
17 Any person who has been damaged, or can demonstrate that he
18 will potentially be irreparable damaged, may bring any action
19 for damages, equitable relief, or both, against any person who
20 violates this act. The court may award costs and reasonable
21 attorney fees to the prevailing party, as determined by the
22 court. The rights and remedies provided in this act are not
23 exclusive of other rights or remedies provided by law.
24 SECTION 1704. APPROPRIATION. <--
25 THE SUM OF $85,000, OR AS MUCH THEREOF AS MAY BE NECESSARY,
26 IS HEREBY APPROPRIATED FROM THE PROFESSIONAL LICENSURE
27 AUGMENTATION ACCOUNT WITHIN THE GENERAL FUND TO THE BUREAU OF
28 PROFESSIONAL AND OCCUPATIONAL AFFAIRS IN THE DEPARTMENT OF STATE
29 FOR THE PAYMENT OF COSTS OF PROCESSING CERTIFICATES AND
30 RENEWALS, FOR THE OPERATION OF THE SUBCOMMITTEE AND FOR OTHER
19890S0756B2182 - 32 -
1 GENERAL COSTS OF THE BUREAU OPERATIONS RELATING TO THIS ACT. THE
2 APPROPRIATION GRANTED SHALL BE REPAID BY THE SUBCOMMITTEE WITHIN
3 SIX YEARS OF THE BEGINNING OF ISSUANCE OF CERTIFICATES BY THE
4 SUBCOMMITTEE.
5 CHAPTER 19
6 EFFECTIVE DATE
7 Section 1901. Effective date.
8 This act shall take effect July 1, 1990 IMMEDIATELY. <--
C9L63CHF/19890S0756B2182 - 33 -