PRIOR PRINTER'S NOS. 1207, 1544, 1625 PRINTER'S NO. 1800
No. 917 Session of 2005
INTRODUCED BY PILEGGI, ERICKSON, RAFFERTY, STOUT, LEMMOND,
PICCOLA, PIPPY, WAUGH, M. WHITE AND CORMAN, OCTOBER 11, 2005
SENATOR WENGER, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 5, 2006
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 POWERS AND DUTIES OF BOARD, FOR
7 application and qualifications, FOR RECIPROCITY, FOR <--
8 CERTIFICATION AND LICENSURE RENEWAL, FOR DISCIPLINARY AND
9 CORRECTIVE MEASURES, FOR REINSTATEMENT, FOR REPORTING OF
10 MULTIPLE CERTIFICATION AND FOR SURRENDER OF SUSPENDED OR
11 REVOKED CERTIFICATE; AND IMPOSING PENALTIES.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 6 of the act of July 10, 1990 (P.L.404, <--
15 No.98), known as the Real Estate Appraisers Certification Act,
16 amended July 2, 1996 (P.L.460, No.71) and October 18, 2000
17 (P.L.600, No.77), is amended to read:
18 SECTION 1. SECTION 3 OF THE ACT OF JULY 10, 1990 (P.L.404, <--
19 NO.98), KNOWN AS THE REAL ESTATE APPRAISERS CERTIFICATION ACT,
20 AMENDED JULY 2, 1996 (P.L.460, NO.71), IS AMENDED TO READ:
21 SECTION 3. REAL ESTATE APPRAISER CERTIFICATION REQUIRED.
22 IT SHALL BE UNLAWFUL[, ON OR AFTER JANUARY 1, 1993,] FOR ANY
1 PERSON TO HOLD HIMSELF OUT AS A STATE-CERTIFIED REAL ESTATE
2 APPRAISER OR TO PERFORM APPRAISALS REQUIRED BY THE FINANCIAL
3 INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989
4 (PUBLIC LAW 101-73, 103 STAT. 183) TO BE PERFORMED BY A STATE-
5 CERTIFIED OR STATE-LICENSED REAL ESTATE APPRAISER UNLESS THAT
6 PERSON HOLDS AN APPROPRIATE, CURRENT AND VALID CERTIFICATION
7 FROM THE BOARD TO PERFORM REAL ESTATE APPRAISALS. IT SHALL BE
8 UNLAWFUL [TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT] FOR
9 ANY PERSON TO PERFORM REAL ESTATE APPRAISALS IN NONFEDERALLY
10 RELATED TRANSACTIONS UNLESS THAT PERSON HOLDS [A] AN
11 APPROPRIATE, CURRENT AND VALID CERTIFICATE OR LICENSE FROM THE
12 BOARD TO PERFORM REAL ESTATE APPRAISALS. IT SHALL BE UNLAWFUL
13 FOR A PERSON TO HOLD HIMSELF OUT AS A REAL ESTATE APPRAISER OR
14 APPRAISER TRAINEE WITHOUT AN APPROPRIATE, CURRENT AND VALID
15 CERTIFICATE OR LICENSE FROM THE BOARD.
16 SECTION 2. SECTION 5 OF THE ACT IS AMENDED TO READ:
17 SECTION 5. POWERS AND DUTIES OF BOARD.
18 THE BOARD SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
19 (1) TO PASS UPON THE QUALIFICATIONS AND FITNESS OF
20 APPLICANTS FOR CERTIFICATION OR LICENSURE AND TO ADOPT AND
21 REVISE RULES AND REGULATIONS REQUIRING APPLICANTS FOR
22 CERTIFICATION OR LICENSURE AS APPRAISERS TO PASS EXAMINATIONS
23 RELATING TO THEIR QUALIFICATIONS FOR CERTIFICATION OR
24 LICENSURE.
25 (2) TO ADOPT AND, FROM TIME TO TIME, REVISE SUCH RULES
26 AND REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE
27 PROVISIONS OF THIS ACT. SUCH REGULATIONS SHALL INCLUDE, BUT
28 NOT BE LIMITED TO, STANDARDS OF PROFESSIONAL APPRAISAL
29 PRACTICE REQUIRING THAT APPRAISALS BE PERFORMED IN ACCORDANCE
30 WITH GENERALLY ACCEPTED APPRAISAL STANDARDS AS REQUIRED
20050S0917B1800 - 2 -
1 PURSUANT TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND
2 ENFORCEMENT ACT OF 1989 (PUBLIC LAW 101-73, 103 STAT. 183).
3 (3) TO EXAMINE FOR, DENY, APPROVE, ISSUE, REVOKE,
4 SUSPEND OR RENEW CERTIFICATES AND LICENSES OF APPRAISERS AND
5 APPRAISER TRAINEES PURSUANT TO THIS ACT AND TO CONDUCT
6 HEARINGS IN CONNECTION THEREWITH.
7 (4) TO CONDUCT HEARINGS UPON COMPLAINTS CONCERNING
8 VIOLATIONS OF THE PROVISIONS OF THIS ACT AND THE RULES AND
9 REGULATIONS ADOPTED PURSUANT TO THIS ACT AND SEEK THE
10 PROSECUTION AND ENJOINDER OF ALL SUCH VIOLATIONS.
11 (5) TO EXPEND MONEYS NECESSARY TO THE PROPER CARRYING
12 OUT OF ITS ASSIGNED DUTIES.
13 (6) TO ESTABLISH FEES FOR THE OPERATION OF THE BOARD,
14 INCLUDING FEES FOR THE ISSUANCE AND RENEWAL OF CERTIFICATES
15 AND LICENSES AND FOR EXAMINATIONS.
16 (7) TO SUBMIT ANNUALLY A REPORT TO THE PROFESSIONAL
17 LICENSURE COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
18 CONSUMER PROTECTION AND PROFESSIONAL LICENSURE COMMITTEE OF
19 THE SENATE CONTAINING A DESCRIPTION OF THE TYPES OF
20 COMPLAINTS RECEIVED, STATUS OF THE CASES, BOARD ACTION WHICH
21 HAS BEEN TAKEN AND LENGTH OF TIME FROM THE INITIAL COMPLAINT
22 TO FINAL BOARD RESOLUTION.
23 (8) TO SUBMIT ANNUALLY TO THE DEPARTMENT OF STATE, AN
24 ESTIMATE OF THE FINANCIAL REQUIREMENTS OF THE BOARD FOR ITS
25 ADMINISTRATIVE, INVESTIGATIVE, LEGAL AND MISCELLANEOUS
26 EXPENSES.
27 (9) TO SUBMIT ANNUALLY TO THE APPROPRIATIONS COMMITTEES
28 OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, 15 DAYS AFTER
29 THE GOVERNOR HAS SUBMITTED HIS BUDGET TO THE GENERAL
30 ASSEMBLY, A COPY OF THE BUDGET REQUEST FOR THE UPCOMING
20050S0917B1800 - 3 -
1 FISCAL YEAR WHICH THE BOARD PREVIOUSLY SUBMITTED TO THE
2 DEPARTMENT OF STATE.
3 (10) TO SUBMIT ANNUALLY PURSUANT TO THE FINANCIAL
4 INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989 A
5 ROSTER LISTING INDIVIDUALS WHO HAVE RECEIVED STATE
6 CERTIFICATION.
7 SECTION 3. SECTION 6 OF THE ACT, AMENDED JULY 2, 1996
8 (P.L.460, NO.71) AND OCTOBER 18, 2000 (P.L.600, NO.77), IS
9 AMENDED TO READ:
10 Section 6. Application and qualifications.
11 (a) Classes of certification.--There shall be [three] four <--
12 THREE classes of [certification for certified] CERTIFIED AND <--
13 LICENSED real estate appraisers as follows:
14 (1) [Residential] Certified Residential Appraiser, which
15 shall consist of those persons applying for and granted
16 certification relating solely to the appraisal of residential
17 real property [as] in accordance with the criteria
18 established by the Appraiser Qualifications Board of the
19 Appraisal Foundation required pursuant to the Financial
20 Institutions Reform, Recovery, and Enforcement Act of 1989
21 (Public Law 101-73, 103 Stat. 183).
22 (2) [General] Certified General Appraiser, which shall
23 consist of those persons applying for and granted
24 certification relating to the appraisal of both residential
25 and nonresidential real property without limitation [as] in
26 accordance with the criteria established by the Appraiser
27 Qualifications Board of the Appraisal Foundation required
28 pursuant to the Financial Institutions Reform, Recovery, and
29 Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183).
30 (3) Broker/appraiser, which shall consist of those
20050S0917B1800 - 4 -
1 persons who, [on the effective date of this act, are] AS OF <--
2 SEPTEMBER 3, 1996, WERE licensed real estate brokers under
3 the act of February 19, 1980 (P.L.15, No.9), known as the
4 Real Estate Licensing and Registration Act, and who, [within <--
5 two years of the effective date of this act, make] BY <--
6 SEPTEMBER 3, 1998, MADE application to the board and [are] <--
7 WERE granted without examination a broker/appraiser <--
8 certificate. A holder of a broker/appraiser certificate shall
9 only be permitted to perform those real property appraisals
10 that were permitted to be performed by a licensed real estate
11 broker under the Real Estate Licensing and Registration Act
12 as of [the effective date of this act] SEPTEMBER 3, 1996. A <--
13 holder of a broker/appraiser certificate is not authorized to
14 perform real estate appraisals pursuant to the Financial
15 Institutions Reform, Recovery, and Enforcement Act of 1989.
16 (4) Licensed Real Estate Appraiser, which shall consist <--
17 of those persons who meet the minimum requirements
18 recommended by the Appraiser Qualifications Board of the
19 Appraisal Foundation with regard to licensed appraisers, as
20 prescribed by the board.
21 (4) LICENSED REAL ESTATE APPRAISER, IF DEEMED <--
22 APPROPRIATE, THE BOARD MAY ESTABLISH A CLASS OF LICENSED REAL
23 ESTATE APPRAISERS, WHICH SHALL CONSIST OF THOSE PERSONS WHO,
24 AT A MINIMUM, MEET THE REQUIREMENTS RECOMMENDED BY THE
25 APPRAISER QUALIFICATIONS BOARD OF THE APPRAISAL FOUNDATION
26 WITH REGARD TO LICENSED APPRAISERS ON OR AFTER JANUARY 1,
27 2008. THE BOARD MAY PRESCRIBE LIMITATIONS ON THE TERM,
28 RENEWAL AND CONTINUING EDUCATION OF LICENSED REAL ESTATE
29 APPRAISERS CONSISTENT WITH PROGRESS TOWARD CERTIFICATION.
30 (b) Classification to be specified.--The application for
20050S0917B1800 - 5 -
1 examination, original certification or license and renewal of
2 certification or license shall specify the classification being
3 applied for.
4 (c) Application.--An applicant for certification or license
5 as a certified or licensed real estate appraiser shall submit a
6 written application on forms provided by the board. The
7 application and any and all documentation submitted with the
8 application shall be subscribed and sworn to before a notary
9 public. The applicant shall be held responsible for the
10 statements contained in the application. The making of a false
11 statement in an application may constitute a ground for
12 certification or license denial or revocation. The application
13 shall evidence that:
14 (1) He or she is of good moral character.
15 (2) His or her application has been accompanied by the
16 application fee.
17 (d) Residential Appraiser certification.--As a prerequisite
18 to taking the examination for certification relating solely to
19 the appraisal of residential real property, an applicant shall,
20 in addition to meeting the requirements of subsection (c), meet
21 the minimum education and experience requirements established
22 pursuant to the Financial Institutions Reform, Recovery, and
23 Enforcement Act of 1989.
24 (e) General Appraiser certification.--As a prerequisite to
25 taking the examination for the general certification relating to
26 the appraisal of real property, an applicant shall, in addition
27 to meeting the requirements of subsection (c), meet the minimum
28 education and experience requirements established pursuant to
29 the Financial Institutions Reform, Recovery, and Enforcement Act
30 of 1989.
20050S0917B1800 - 6 -
1 (f) Definition of subjects.--The board shall prescribe and
2 define the subjects related to real property appraisal and the
3 experience in real property appraisal which will satisfy the
4 requirements of subsections (a), (d) [and (e)], (e) and (i). To
5 the extent permitted pursuant to the Financial Institutions
6 Reform, Recovery, and Enforcement Act of 1989 with regard to
7 certified appraisers, the board may give credit to an applicant
8 for classroom hours of academic experience successfully
9 completed prior to the board's prescription and definition of
10 subjects pursuant to this subsection.
11 (g) Examinations.--Examinations for certification or license
12 shall be selected in accordance with the Financial Institutions
13 Reform, Recovery, and Enforcement Act of 1989. Examinations
14 shall be prepared and administered by a qualified and approved
15 professional testing organization in accordance with section
16 812.1 of the act of April 9, 1929 (P.L.177, No.175), known as
17 The Administrative Code of 1929.
18 (i) Appraiser trainee license.--In addition to those <--
19 licenses provided in section 6(a), the board shall issue an
20 appraiser trainee license. Licenses shall be provided to those
21 persons who have met the educational requirements of the
22 Appraiser Qualifications Board of the Appraisal Foundation. A
23 license shall be issued to an individual without examination in
24 order for the individual to complete the experience requirement
25 for any other class of licensure. An appraiser trainee licensee
26 shall operate under the direct supervision of a licensed real
27 estate appraiser, pursuant to this act. The appraiser trainee
28 duties shall be limited to those defined by the specific license
29 of that licensed real estate appraiser under this act.
30 (I) APPRAISER TRAINEE LICENSE.--IN ADDITION TO THE <--
20050S0917B1800 - 7 -
1 CERTIFICATES AND LICENSES AUTHORIZED IN SECTION 6(A), THE BOARD
2 SHALL ISSUE AN APPRAISAL TRAINEE LICENSE, WITHOUT EXAMINATION,
3 TO ANY PERSON WHO MEETS THE APPRAISER TRAINEE EDUCATIONAL
4 REQUIREMENTS OF THE APPRAISER QUALIFICATIONS BOARD OF THE
5 APPRAISAL FOUNDATION AND WHO DOES NOT ALREADY HOLD AN APPRAISER
6 CREDENTIAL UNDER SECTION 6(A). AN APPRAISER TRAINEE SHALL
7 OPERATE UNDER THE DIRECT SUPERVISION OF A CERTIFIED RESIDENTIAL
8 APPRAISER OR CERTIFIED GENERAL APPRAISER FOR THE PURPOSE OF
9 COMPLETING THE EXPERIENCE REQUIREMENT FOR AN APPRAISER
10 CREDENTIAL IN SECTION 6(A). AN APPRAISAL TRAINEE SHALL BE
11 PERMITTED TO ASSIST IN THE PERFORMANCE OF ANY APPRAISAL THAT IS
12 WITHIN THE SUPERVISORY APPRAISER'S SCOPE OF PRACTICE.
13 (j) Appraisal license.--Nothing in this section shall
14 preclude a licensed real estate broker from also holding an
15 appraiser license.
16 (k) Transition rule.--All persons holding a broker/appraiser
17 certificate on the effective date of this subsection shall be
18 entitled to hold the certificate for the entire term and shall
19 be entitled and subject to the privileges and obligations, <--
20 OBLIGATIONS AND RENEWALS which accompany the certificate. No new
21 broker/appraiser certificates shall be awarded on or after the
22 effective date of this subsection.
23 SECTION 4. SECTION 7 OF THE ACT IS AMENDED TO READ: <--
24 SECTION 7. RECIPROCITY.
25 THE BOARD SHALL HAVE THE POWER TO GRANT A RECIPROCAL
26 [CERTIFICATION] CERTIFICATE OR LICENSE TO AN APPLICANT WHO IS
27 CERTIFIED OR LICENSED AS AN APPRAISER IN ANOTHER STATE AND HAS
28 DEMONSTRATED QUALIFICATIONS WHICH EQUAL OR EXCEED THOSE REQUIRED
29 PURSUANT TO THIS ACT IN THE DETERMINATION OF THE BOARD, PROVIDED
30 THAT NO CERTIFICATE OR LICENSE SHALL BE GRANTED UNDER THIS
20050S0917B1800 - 8 -
1 SECTION TO AN APPLICANT UNLESS THE STATE IN WHICH THE APPLICANT
2 IS CERTIFIED OR LICENSED AFFORDS RECIPROCAL TREATMENT TO PERSONS
3 WHO ARE RESIDENTS OF THIS COMMONWEALTH AND WHO ARE CERTIFIED OR
4 LICENSED PURSUANT TO THIS ACT.
5 SECTION 5. SECTION 10 OF THE ACT, AMENDED DECEMBER 20, 2000
6 (P.L.733, NO.103), IS AMENDED TO READ:
7 SECTION 10. CERTIFICATION AND LICENSURE RENEWAL; RECORDS.
8 (A) RENEWAL TERM.--RENEWAL OF CERTIFICATION OR LICENSURE
9 SHALL BE ON A BIENNIAL BASIS FOR PERSONS IN GOOD STANDING,
10 EXCEPT THAT THE BOARD MAY PRESCRIBE LIMITATIONS ON THE NUMBER OF
11 TIMES THAT A LICENSED REAL ESTATE APPRAISER OR APPRAISER TRAINEE
12 MAY RENEW SUCH LICENSES.
13 (B) CONTINUING EDUCATION FOR LICENSED APPRAISERS AND
14 CERTIFIED RESIDENTIAL AND GENERAL APPRAISERS.--THE BOARD SHALL
15 BY REGULATION REQUIRE EVIDENCE OF PROFESSIONAL ACTIVITY OR
16 CONTINUING EDUCATION AS A CONDITION OF LICENSURE RENEWAL OF
17 APPRAISERS AND CERTIFICATION RENEWAL OF RESIDENTIAL AND GENERAL
18 APPRAISERS IF, AND ONLY TO THE MINIMUM EXTENT, REQUIRED PURSUANT
19 TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT
20 ACT OF 1989 (PUBLIC LAW 101-73, 103 STAT. 183). NO CREDIT SHALL
21 BE GIVEN FOR ANY COURSE IN OFFICE MANAGEMENT OR PRACTICE
22 BUILDING.
23 (B.1) CONTINUING EDUCATION FOR BROKER/APPRAISERS.--
24 BROKER/APPRAISERS SHALL BE SUBJECT TO THE SAME CONTINUING
25 EDUCATION REQUIREMENTS FOR CERTIFICATION RENEWAL AS RESIDENTIAL
26 AND GENERAL APPRAISERS. THE BOARD SHALL HAVE THE POWER AND
27 AUTHORITY TO PROMULGATE REGULATIONS TO PRESCRIBE EVIDENCE OF
28 CONTINUING EDUCATION REQUIRED FOR CERTIFICATION RENEWAL PURSUANT
29 TO THIS SECTION.
30 (B.2) CONTINUING EDUCATION FOR APPRAISAL TRAINEES.--
20050S0917B1800 - 9 -
1 APPRAISAL TRAINEES SHALL BE SUBJECT TO SUCH CONTINUING EDUCATION
2 REQUIREMENTS FOR LICENSURE RENEWAL AS THE BOARD MAY PRESCRIBE BY
3 REGULATION.
4 (C) RECORDS.--A RECORD OF ALL PERSONS LICENSED AS APPRAISER
5 TRAINEES AND ALL PERSONS CERTIFIED OR LICENSED AS REAL ESTATE
6 APPRAISERS IN THIS COMMONWEALTH SHALL BE KEPT IN THE OFFICE OF
7 THE BOARD AND SHALL BE OPEN TO PUBLIC INSPECTION AND COPYING
8 UPON PAYMENT OF A NOMINAL FEE FOR COPYING THE RECORD. EACH
9 CERTIFICATEHOLDER AND LICENSEE SHALL ADVISE THE BOARD OF THE
10 ADDRESS OF HIS OR HER PRINCIPAL PLACE OF BUSINESS.
11 SECTION 6. SECTION 11 OF THE ACT, AMENDED JULY 2, 1996
12 (P.L.460, NO.71), IS AMENDED TO READ:
13 SECTION 11. DISCIPLINARY AND CORRECTIVE MEASURES.
14 (A) AUTHORITY OF BOARD.--THE BOARD MAY DENY, SUSPEND OR
15 REVOKE CERTIFICATES OR LICENSES, OR LIMIT, RESTRICT OR REPRIMAND
16 A CERTIFICATEHOLDER OR LICENSEE FOR ANY OF THE FOLLOWING CAUSES:
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
20050S0917B1800 - 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
20050S0917B1800 - 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 (B) BOARD ACTION.--WHEN THE BOARD FINDS THAT THE
20 [CERTIFICATION] CERTIFICATE OR LICENSE OR APPLICATION FOR
21 CERTIFICATION OR LICENSURE OR RENEWAL OF [ANY PERSON]
22 CERTIFICATION OR LICENSURE MAY BE DENIED, REVOKED, RESTRICTED OR
23 SUSPENDED UNDER THE TERMS OF SUBSECTION (A), THE BOARD MAY:
24 (1) DENY THE APPLICATION FOR CERTIFICATION OR LICENSURE
25 FOR RENEWAL OF CERTIFICATION OR LICENSURE.
26 (2) ADMINISTER A PUBLIC REPRIMAND.
27 (3) REVOKE, SUSPEND, LIMIT OR OTHERWISE RESTRICT A
28 CERTIFICATE OR LICENSE AS DETERMINED BY THE BOARD.
29 (4) SUSPEND ENFORCEMENT OF ITS FINDINGS THEREOF AND
30 PLACE A CERTIFICATEHOLDER ON PROBATION WITH THE RIGHT TO
20050S0917B1800 - 12 -
1 VACATE THE PROBATIONARY ORDER FOR NONCOMPLIANCE.
2 (5) RESTORE A SUSPENDED [CERTIFICATION] CERTIFICATE OR
3 LICENSE AND IMPOSE ANY DISCIPLINARY OR CORRECTIVE MEASURE
4 WHICH IT MIGHT ORIGINALLY HAVE IMPOSED.
5 (C) HEARING.--ALL ACTIONS OF THE BOARD SHALL BE TAKEN
6 SUBJECT TO THE RIGHT OF NOTICE, HEARING AND ADJUDICATION AND THE
7 RIGHT OF APPEAL THEREFROM IN ACCORDANCE WITH 2 PA.C.S. (RELATING
8 TO ADMINISTRATIVE LAW AND PROCEDURE). APPEALS FROM ACTIONS OF
9 THE BOARD SHALL BE TAKEN TO COMMONWEALTH COURT OR TO SUCH OTHER
10 COURT AS PRESCRIBED BY LAW.
11 SECTION 7. SECTIONS 12, 13, 14, 15 AND 17 OF THE ACT ARE
12 AMENDED 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 OR LICENSED REAL
17 ESTATE APPRAISER, OR AS AN APPRAISER TRAINEE, PURSUANT TO THIS
18 ACT, 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 13. REPORTING OF MULTIPLE CERTIFICATION.
27 ANY APPRAISER CERTIFIED OR LICENSED IN THIS COMMONWEALTH WHO
28 IS ALSO CERTIFIED OR LICENSED TO PERFORM APPRAISALS IN ANY OTHER
29 STATE, TERRITORY OR COUNTRY SHALL REPORT THIS INFORMATION TO THE
30 BOARD ON THE BIENNIAL RENEWAL APPLICATION. ANY DISCIPLINARY
20050S0917B1800 - 13 -
1 ACTION TAKEN IN ANY OTHER STATE, TERRITORY OR COUNTRY SHALL BE
2 REPORTED TO THE BOARD ON THE BIENNIAL RENEWAL APPLICATION, OR
3 WITHIN 90 DAYS OF DISPOSITION, WHICHEVER IS SOONER. MULTIPLE
4 LICENSURE OR CERTIFICATION SHALL BE NOTED BY THE BOARD ON THE
5 [CERTIFIED] APPRAISER'S RECORD, AND SUCH STATE, TERRITORY OR
6 COUNTRY SHALL BE NOTIFIED BY THE BOARD OF ANY DISCIPLINARY
7 ACTIONS TAKEN AGAINST [SAID CERTIFIED] THE APPRAISER IN THIS
8 COMMONWEALTH.
9 SECTION 14. SURRENDER OF SUSPENDED OR REVOKED CERTIFICATE.
10 THE BOARD SHALL REQUIRE A PERSON WHOSE [CERTIFICATION]
11 CERTIFICATE OR LICENSE HAS BEEN SUSPENDED OR REVOKED TO RETURN
12 THE CERTIFICATE OR LICENSE IN SUCH MANNER AS THE BOARD DIRECTS.
13 FAILURE TO DO SO SHALL BE A MISDEMEANOR OF THE THIRD DEGREE.
14 SECTION 15. PENALTIES.
15 (A) CRIMINAL PENALTIES.--A PERSON WHO VIOLATES THIS ACT
16 COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON
17 CONVICTION, BE SENTENCED TO PAY A FINE OF UP TO $1,000 OR TO
18 IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH.
19 (B) CIVIL PENALTY.--IN ADDITION TO ANY OTHER CIVIL REMEDY OR
20 CRIMINAL PENALTY PROVIDED FOR IN THIS ACT, THE BOARD, BY A VOTE
21 OF THE MAJORITY OF THE MAXIMUM NUMBER OF THE AUTHORIZED
22 MEMBERSHIP OF THE BOARD AS PROVIDED BY LAW, OR BY A VOTE OF THE
23 MAJORITY OF THE DULY QUALIFIED AND CONFIRMED MEMBERSHIP OR A
24 MINIMUM OF THREE MEMBERS, WHICHEVER IS GREATER, MAY LEVY A CIVIL
25 PENALTY OF UP TO $1,000 ON ANY [CURRENT] CERTIFICATEHOLDER OR
26 LICENSEE WHO VIOLATES ANY PROVISION OF THIS ACT OR ON ANY PERSON
27 WHO HOLDS HIMSELF OR HERSELF OUT AS A [CERTIFIED] REAL ESTATE
28 APPRAISER OR APPRAISER TRAINEE OR PERFORMS [APPRAISALS FOR WHICH
29 CERTIFICATION OR LICENSURE IS REQUIRED PURSUANT TO THE FINANCIAL
30 INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989
20050S0917B1800 - 14 -
1 (PUBLIC LAW 101-73, 103 STAT. 183) WITHOUT BEING SO CERTIFIED
2 PURSUANT TO THIS ACT.] A REAL ESTATE APPRAISAL IN THIS
3 COMMONWEALTH WITHOUT AN APPROPRIATE, CURRENT AND VALID
4 CERTIFICATE OR LICENSE FROM THE BOARD. THE BOARD SHALL LEVY THIS
5 PENALTY ONLY AFTER AFFORDING THE ACCUSED PARTY THE OPPORTUNITY
6 FOR A HEARING, AS PROVIDED IN 2 PA.C.S. (RELATING TO
7 ADMINISTRATIVE LAW AND PROCEDURE).
8 (C) DISPOSITION.--ALL FINES AND CIVIL PENALTIES IMPOSED IN
9 ACCORDANCE WITH THIS SECTION SHALL BE PAID INTO THE PROFESSIONAL
10 LICENSURE AUGMENTATION ACCOUNT.
11 SECTION 17. INJUNCTIVE RELIEF.
12 (A) INJUNCTION.--A VIOLATION OF SECTION 3 MAY BE ENJOINED BY
13 THE COURTS UPON PETITION OF THE SECRETARY OR THE BOARD. IN ANY
14 PROCEEDING UNDER THIS SECTION, IT SHALL NOT BE NECESSARY TO SHOW
15 THAT ANY PERSON IS INDIVIDUALLY INJURED BY THE ACTIONS
16 COMPLAINED OF. IF THE COURT FINDS THAT THE RESPONDENT HAS
17 VIOLATED SECTION 3, IT SHALL ENJOIN HIM OR HER FROM SO
18 PRACTICING OR HOLDING HIMSELF OR HERSELF OUT UNTIL HE OR SHE HAS
19 BEEN DULY CERTIFIED OR LICENSED. PROCEDURE IN SUCH CASES SHALL
20 BE THE SAME AS IN ANY OTHER INJUNCTION SUIT.
21 (B) REMEDY CUMULATIVE.--THE INJUNCTIVE REMEDY PROVIDED IN
22 THIS SECTION SHALL BE IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL
23 PROSECUTION AND PUNISHMENT.
24 Section 2 8. This act shall take effect in 60 days. <--
I20L63SFL/20050S0917B1800 - 15 -