HOUSE AMENDED
PRIOR PRINTER'S NOS. 1207, 1544, 1625, PRINTER'S NO. 2239
1800, 1884
No. 917 Session of 2005
INTRODUCED BY PILEGGI, ERICKSON, RAFFERTY, STOUT, LEMMOND,
PICCOLA, PIPPY, WAUGH, M. WHITE AND CORMAN, OCTOBER 11, 2005
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 14, 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 3 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), is amended to read:
17 Section 3. Real estate appraiser certification required.
18 It shall be unlawful[, on or after January 1, 1993,] for any
19 person to hold himself out as a State-certified real estate
20 appraiser or to perform appraisals required by the Financial
21 Institutions Reform, Recovery, and Enforcement Act of 1989
1 (Public Law 101-73, 103 Stat. 183) to be performed by a State-
2 certified or State-licensed real estate appraiser unless that
3 person holds an appropriate, current and valid certification
4 from the board to perform real estate appraisals. It shall be
5 unlawful [two years after the effective date of this act] for
6 any person to perform real estate appraisals in nonfederally
7 related transactions unless that person holds [a] an <--
8 appropriate, current and valid certificate or license from the A <--
9 VALID CERTIFICATE FROM THE board to perform real estate
10 appraisals. It shall be unlawful for a person to hold himself
11 out as a real estate appraiser or appraiser trainee without an <--
12 appropriate, current and valid certificate or license from the
13 board. LICENSED APPRAISER TRAINEE WITHOUT A CURRENT AND VALID <--
14 LICENSE ISSUED BY THE BOARD.
15 Section 2. Section 5 of the act is amended to read:
16 Section 5. Powers and duties of board.
17 The board shall have the following powers and duties:
18 (1) To pass upon the qualifications and fitness of
19 applicants for certification or licensure and to adopt and
20 revise rules and regulations requiring applicants for
21 certification or licensure as appraisers to pass examinations <--
22 relating to their qualifications for certification or <--
23 licensure.
24 (2) To adopt and, from time to time, revise such rules
25 and regulations as may be necessary to carry out the
26 provisions of this act. Such regulations shall include, but
27 not be limited to, standards of professional appraisal
28 practice requiring that appraisals be performed in accordance
29 with generally accepted appraisal standards as required
30 pursuant to the Financial Institutions Reform, Recovery, and
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1 Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183).
2 (3) To examine for, deny, approve, issue, revoke,
3 suspend or renew certificates and licenses of appraisers and <--
4 appraiser trainees OF APPRAISERS pursuant to this act and to <--
5 conduct hearings in connection therewith.
6 (3.1) TO DENY, APPROVE, ISSUE, REVOKE, SUSPEND OR RENEW <--
7 LICENSES OF APPRAISER TRAINEES PURSUANT TO THIS ACT AND TO
8 CONDUCT HEARINGS IN CONNECTION THEREWITH.
9 (4) To conduct hearings upon complaints concerning
10 violations of the provisions of this act and the rules and
11 regulations adopted pursuant to this act and seek the
12 prosecution and enjoinder of all such violations.
13 (5) To expend moneys necessary to the proper carrying
14 out of its assigned duties.
15 (6) To establish fees for the operation of the board,
16 including fees for the issuance and renewal of certificates
17 and licenses and for examinations.
18 (7) To submit annually a report to the Professional
19 Licensure Committee of the House of Representatives and the
20 Consumer Protection and Professional Licensure Committee of
21 the Senate containing a description of the types of
22 complaints received, status of the cases, board action which
23 has been taken and length of time from the initial complaint
24 to final board resolution.
25 (8) To submit annually to the Department of State, an
26 estimate of the financial requirements of the board for its
27 administrative, investigative, legal and miscellaneous
28 expenses.
29 (9) To submit annually to the Appropriations Committees
30 of the House of Representatives and the Senate, 15 days after
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1 the Governor has submitted his budget to the General
2 Assembly, a copy of the budget request for the upcoming
3 fiscal year which the board previously submitted to the
4 Department of State.
5 (10) To submit annually pursuant to the Financial
6 Institutions Reform, Recovery, and Enforcement Act of 1989 a
7 roster listing individuals who have received State
8 certification OR LICENSURE. <--
9 Section 3. Section 6 of the act, amended July 2, 1996 <--
10 (P.L.460, No.71) and October 18, 2000 (P.L.600, No.77), is
11 amended to read:
12 Section 6. Application and qualifications.
13 (a) Classes of certification.--There shall be three classes
14 of [certification for certified] certified and licensed real
15 estate appraisers as follows:
16 (1) [Residential] Certified Residential Appraiser, which
17 shall consist of those persons applying for and granted
18 certification relating solely to the appraisal of residential
19 real property [as] in accordance with the criteria
20 established by the Appraiser Qualifications Board of the
21 Appraisal Foundation required pursuant to the Financial
22 Institutions Reform, Recovery, and Enforcement Act of 1989
23 (Public Law 101-73, 103 Stat. 183).
24 (2) [General] Certified General Appraiser, which shall
25 consist of those persons applying for and granted
26 certification relating to the appraisal of both residential
27 and nonresidential real property without limitation [as] in
28 accordance with the criteria established by the Appraiser
29 Qualifications Board of the Appraisal Foundation required
30 pursuant to the Financial Institutions Reform, Recovery, and
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1 Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183).
2 (3) Broker/appraiser, which shall consist of those
3 persons who, [on the effective date of this act, are] as of
4 September 3, 1996, were licensed real estate brokers under
5 the act of February 19, 1980 (P.L.15, No.9), known as the
6 Real Estate Licensing and Registration Act, and who, [within
7 two years of the effective date of this act, make] by
8 September 3, 1998, made application to the board and [are]
9 were granted without examination a broker/appraiser
10 certificate. A holder of a broker/appraiser certificate shall
11 only be permitted to perform those real property appraisals
12 that were permitted to be performed by a licensed real estate
13 broker under the Real Estate Licensing and Registration Act
14 as of [the effective date of this act] September 3, 1996. A
15 holder of a broker/appraiser certificate is not authorized to
16 perform real estate appraisals pursuant to the Financial
17 Institutions Reform, Recovery, and Enforcement Act of 1989.
18 (4) Licensed Real Estate Appraiser, if deemed
19 appropriate, the board may establish a class of licensed real
20 estate appraisers, which shall consist of those persons who,
21 at a minimum, meet the requirements recommended by the
22 Appraiser Qualifications Board of the Appraisal Foundation
23 with regard to licensed appraisers on or after January 1,
24 2008. The board may prescribe limitations on the term,
25 renewal and continuing education of licensed real estate
26 appraisers consistent with progress toward certification.
27 SECTION 3. SECTION 6(B), (C) AND (F) OF THE ACT, AMENDED <--
28 OCTOBER 18, 2000 (P.L.600, NO.77), ARE AMENDED AND THE SECTION
29 IS AMENDED BY ADDING A SUBSECTION TO READ:
30 SECTION 6. APPLICATION AND QUALIFICATIONS.
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1 * * *
2 (b) Classification to be specified.--The application for
3 examination, original certification or license and renewal of
4 certification or license shall specify the classification being
5 applied for.
6 (c) Application.--An applicant for certification or license <--
7 as a certified or licensed real estate appraiser shall submit a
8 AS A CERTIFIED REAL ESTATE APPRAISER OR FOR A LICENSE AS A <--
9 LICENSED APPRAISER TRAINEE SHALL SUBMIT A written application on
10 forms provided by the board. The application and any and all
11 documentation submitted with the application shall be subscribed
12 and sworn to before a notary public. The applicant shall be held
13 responsible for the statements contained in the application. The
14 making of a false statement in an application may constitute a
15 ground for certification or license denial or revocation. The
16 application shall evidence that:
17 (1) He or she is of good moral character.
18 (2) His or her application has been accompanied by the
19 application fee.
20 (d) Residential Appraiser certification.--As a prerequisite <--
21 to taking the examination for certification relating solely to
22 the appraisal of residential real property, an applicant shall,
23 in addition to meeting the requirements of subsection (c), meet
24 the minimum education and experience requirements established
25 pursuant to the Financial Institutions Reform, Recovery, and
26 Enforcement Act of 1989.
27 (e) General Appraiser certification.--As a prerequisite to
28 taking the examination for the general certification relating to
29 the appraisal of real property, an applicant shall, in addition
30 to meeting the requirements of subsection (c), meet the minimum
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1 education and experience requirements established pursuant to
2 the Financial Institutions Reform, Recovery, and Enforcement Act
3 of 1989.
4 * * * <--
5 (f) Definition of subjects.--The board shall prescribe and
6 define the subjects related to real property appraisal and the
7 experience in real property appraisal which will satisfy the
8 requirements of subsections (a), (d) [and (e)], (e) and (i). To <--
9 the extent permitted pursuant to the Financial Institutions
10 Reform, Recovery, and Enforcement Act of 1989 with regard to
11 certified appraisers, the board may give credit to an applicant
12 for classroom hours of academic experience successfully
13 completed prior to the board's prescription and definition of
14 subjects pursuant to this subsection.
15 (g) Examinations.--Examinations for certification or license <--
16 shall be selected in accordance with the Financial Institutions
17 Reform, Recovery, and Enforcement Act of 1989. Examinations
18 shall be prepared and administered by a qualified and approved
19 professional testing organization in accordance with section
20 812.1 of the act of April 9, 1929 (P.L.177, No.175), known as
21 The Administrative Code of 1929.
22 * * * <--
23 (i) Appraiser trainee license.--In addition to the
24 certificates and licenses authorized in section 6(a), the board <--
25 shall issue an appraisal trainee license, without examination,
26 to any person who meets the appraiser trainee educational
27 requirements of the Appraiser Qualifications Board of the
28 Appraisal Foundation and who does not already hold an appraiser
29 credential under section 6(a). An appraiser trainee shall
30 operate under the direct supervision of a Certified Residential
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1 Appraiser or Certified General Appraiser for the purpose of
2 completing the experience requirement for an appraiser
3 credential in section 6(a). An appraisal trainee shall be
4 permitted to assist in the performance of any appraisal that is
5 within the supervisory appraiser's scope of practice.
6 (j) Real estate brokers as appraisers.--
7 (1) Nothing in this section shall preclude a licensed
8 real estate broker from also holding an appraiser license or
9 certificate under subsection (a)(1), (2) or (4) or (i).
10 (2) All persons holding a broker/appraiser certificate
11 under subsection (a)(3) shall be entitled to hold the
12 certificate for the entire term and shall be entitled and
13 subject to the privileges, obligations and renewals which
14 accompany the certificate. CERTIFICATES AUTHORIZED IN <--
15 SUBSECTION (A), THE BOARD SHALL ISSUE AN APPRAISER TRAINEE
16 LICENSE TO AN INDIVIDUAL WHO, IN ADDITION TO MEETING THE
17 OTHER REQUIREMENTS OF THIS ACT, MEETS THE APPRAISER TRAINEE
18 EDUCATIONAL REQUIREMENTS OF THE APPRAISER QUALIFICATIONS
19 BOARD OF THE APPRAISAL FOUNDATION AND WHO DOES NOT ALREADY
20 HOLD AN APPRAISER CREDENTIAL UNDER SUBSECTION (A)(1) OR (2).
21 A LICENSED APPRAISER TRAINEE SHALL OPERATE UNDER THE DIRECT
22 SUPERVISION OF AN INDIVIDUAL HOLDING CERTIFICATION PURSUANT
23 TO SUBSECTION (A)(1) OR (2) FOR THE PURPOSE OF COMPLETING THE
24 EXPERIENCE REQUIREMENT FOR AN APPRAISER CREDENTIAL SET FORTH
25 IN SUBSECTION (A)(1) OR (2). THE BOARD SHALL PROMULGATE
26 REGULATIONS WHICH ADOPT THE SUPERVISION REQUIREMENTS FOR THE
27 TRAINEE REAL PROPERTY APPRAISER CLASSIFICATION SET FORTH BY
28 THE APPRAISER QUALIFICATIONS BOARD OF THE APPRAISAL
29 FOUNDATION. A LICENSED APPRAISER TRAINEE SHALL BE PERMITTED
30 TO ASSIST IN THE PERFORMANCE OF ANY APPRAISAL THAT IS WITHIN
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1 THE SUPERVISORY APPRAISER'S SCOPE OF PRACTICE.
2 Section 4. Section 7 of the act is amended to read: <--
3 Section 7. Reciprocity.
4 The board shall have the power to grant a reciprocal
5 [certification] certificate or license to an applicant who is
6 certified or licensed as an appraiser in another state and has
7 demonstrated qualifications which equal or exceed those required
8 pursuant to this act in the determination of the board, provided
9 that no certificate or license shall be granted under this
10 section to an applicant unless the state in which the applicant
11 is certified or licensed affords reciprocal treatment to persons
12 who are residents of this Commonwealth and who are certified or
13 licensed pursuant to this act.
14 Section 5 4. Section 10 of the act, amended December 20, <--
15 2000 (P.L.733, No.103), is amended to read:
16 Section 10. Certification and licensure renewal; records.
17 (a) Renewal term.--Renewal of certification or licensure
18 shall be on a biennial basis for persons in good standing,
19 except that the board may prescribe limitations on the number of
20 times that a licensed real estate appraiser or appraiser trainee <--
21 may renew such licenses LICENSE. <--
22 (b) Continuing education for licensed appraisers and <--
23 certified residential and general appraisers.--The board shall
24 by regulation require evidence of professional activity or
25 continuing education as a condition of licensure renewal of <--
26 appraisers and certification renewal of residential and general
27 appraisers if, and only to the minimum extent, required pursuant
28 to the Financial Institutions Reform, Recovery, and Enforcement
29 Act of 1989 (Public Law 101-73, 103 Stat. 183). No credit shall
30 be given for any course in office management or practice
20050S0917B2239 - 9 -
1 building.
2 (b.1) Continuing education for broker/appraisers.--
3 Broker/appraisers shall be subject to the same continuing
4 education requirements for certification renewal as residential
5 and general appraisers. The board shall have the power and
6 authority to promulgate regulations to prescribe evidence of
7 continuing education required for certification renewal pursuant
8 to this section.
9 (b.2) Continuing education for appraisal trainees.-- <--
10 Appraisal trainees shall be subject to such continuing education
11 requirements for licensure renewal as the board may prescribe by
12 regulation.
13 (B.2) CONTINUING EDUCATION FOR LICENSED APPRAISER <--
14 TRAINEES.--THE BOARD SHALL BY REGULATION REQUIRE EVIDENCE OF
15 CONTINUING EDUCATION AS A CONDITION OF LICENSURE RENEWAL FOR
16 LICENSED APPRAISER TRAINEES. THE BOARD SHALL PROMULGATE
17 REGULATIONS WHICH ADOPT THE CONTINUING EDUCATION REQUIREMENTS
18 FOR LICENSED APPRAISER TRAINEES AS SET FORTH BY THE APPRAISER
19 QUALIFICATIONS BOARD OF THE APPRAISAL FOUNDATION. AS A CONDITION
20 OF LICENSURE RENEWAL, LICENSED APPRAISER TRAINEES SHALL COMPLY
21 WITH MANDATORY CONTINUING EDUCATION REQUIREMENTS ESTABLISHED BY
22 THE BOARD THROUGH REGULATION.
23 (c) Records.--A record of all persons licensed as appraiser
24 trainees and all persons certified or licensed as real estate <--
25 appraisers in this Commonwealth shall be kept in the office of
26 the board and shall be open to public inspection and copying
27 upon payment of a nominal fee for copying the record. Each
28 certificateholder and licensee shall advise the board of the
29 address of his or her principal place of business.
30 Section 6 5. Section 11 of the act, amended July 2, 1996 <--
20050S0917B2239 - 10 -
1 (P.L.460, No.71), is amended to read:
2 Section 11. Disciplinary and corrective measures.
3 (a) Authority of board.--The board may deny, suspend or
4 revoke certificates or licenses, or limit, restrict or reprimand
5 a certificateholder or licensee for any of the following causes:
6 (1) Procuring or attempting to procure a certificate or
7 license or renewal of a certificate or license pursuant to
8 this act by knowingly making a false statement, submitting
9 false information or refusing to provide complete information
10 in response to a question in an application for certification
11 or licensure or renewal of certification or licensure through
12 any form of fraud or misrepresentation.
13 (2) Failing to meet the minimum qualifications
14 established by this act.
15 (3) Paying, or offering to pay, any valuable
16 consideration other than provided for by this act to any
17 member or employee of the board to procure a certificate OR <--
18 LICENSE under this act.
19 (4) Being convicted of or pleading guilty to a crime
20 which is substantially related to the qualifications,
21 functions and duties of a person developing real property
22 appraisals and communicating real property appraisals to
23 others.
24 (5) Performing an act or omitting an act when such
25 performance or omission involves dishonesty, fraud or
26 misrepresentation with intent to substantially benefit the
27 certificateholder or licensee in his profession or with the
28 intent to substantially injure another person.
29 (6) Violating any of the standards for the development
30 or communication of real property appraisals as required
20050S0917B2239 - 11 -
1 pursuant to this act or the Financial Institutions Reform,
2 Recovery, and Enforcement Act of 1989 (Public Law 101-73, 103
3 Stat. 183).
4 (7) Failing or refusing, without good cause, to exercise
5 reasonable diligence in developing an appraisal, preparing an
6 appraisal report or communicating an appraisal.
7 (8) Negligently or incompetently developing an
8 appraisal, preparing an appraisal report or communicating an
9 appraisal.
10 (8.1) WITH RESPECT TO AN INDIVIDUAL HOLDING <--
11 CERTIFICATION UNDER SECTION 6(A)(1) OR (2), FAILING TO
12 PROPERLY SUPERVISE A LICENSED APPRAISER TRAINEE.
13 (9) Willfully disregarding or violating any of the
14 provisions of this act or the guidelines or regulations of
15 the board for the administration and enforcement of the
16 provisions of this act.
17 (10) Accepting an appraisal assignment when the
18 employment itself is contingent upon the appraiser's
19 reporting a predetermined analysis or opinion, or where the
20 fee to be paid for the performance of the appraisal
21 assignment is contingent upon the opinion, conclusion or
22 valuation reached, or upon the consequence resulting from the
23 appraisal assignment.
24 (11) Violating the confidential nature of records to
25 which the appraiser gained access through employment or
26 engagement as an appraiser.
27 (12) Making the fee or compensation contingent upon an
28 award or recovery in any case where the amount of the award
29 or recovery would be affected by the appraisal.
30 (13) Basing the fee or compensation on a percentage of
20050S0917B2239 - 12 -
1 the final estimate of value.
2 (14) Contracting for or accepting compensation for
3 appraisal services in the form of a commission, rebate,
4 division of brokerage commissions or any other similar form.
5 (15) Having a license or certificate to ASSIST IN <--
6 PERFORMING OR perform appraisals suspended, revoked or
7 refused by an appraisal licensure or certification authority
8 of another state, territory or country, or receiving other
9 disciplinary actions by the appraisal licensure or
10 certification authority of another state, territory or
11 country.
12 (b) Board action.--When the board finds that the
13 [certification] certificate or license or application for
14 certification or licensure or renewal of [any person]
15 certification or licensure may be denied, revoked, restricted or
16 suspended under the terms of subsection (a), the board may:
17 (1) Deny the application for certification or licensure <--
18 for renewal of certification or licensure. [CERTIFICATION] <--
19 RENEWAL.
20 (2) Administer a public reprimand.
21 (3) Revoke, suspend, limit or otherwise restrict a
22 certificate or license as determined by the board.
23 (4) Suspend enforcement of its findings thereof and
24 place a certificateholder OR LICENSEE on probation with the <--
25 right to vacate the probationary order for noncompliance.
26 (5) Restore a suspended [certification] certificate or
27 license and impose any disciplinary or corrective measure
28 which it might originally have imposed.
29 (c) Hearing.--All actions of the board shall be taken
30 subject to the right of notice, hearing and adjudication and the
20050S0917B2239 - 13 -
1 right of appeal therefrom in accordance with 2 Pa.C.S. (relating
2 to administrative law and procedure). Appeals from actions of
3 the board shall be taken to Commonwealth Court or to such other
4 court as prescribed by law.
5 Section 7 6. Sections 12, 13, 14, 15 and 17 of the act are <--
6 amended to read:
7 Section 12. Reinstatement of certificate or license.
8 Unless ordered to do so by Commonwealth Court or an appeal
9 therefrom, the board shall not reinstate the certificate or
10 license of a person to practice as a certified or licensed real <--
11 estate appraiser, or as an A LICENSED appraiser trainee, <--
12 pursuant to this act, which has been revoked. Any person whose
13 [certification] certificate or license has been revoked may
14 apply for reinstatement, after a period of at least five years,
15 but must meet all of the certification or licensure
16 qualifications of this act, including [the] ANY examination <--
17 requirement, if he or she desires to hold himself or herself out
18 or to practice as a [certified] real estate appraiser CERTIFIED <--
19 REAL ESTATE APPRAISER OR AS A LICENSED APPRAISER TRAINEE
20 pursuant to this act at any time after such revocation.
21 Section 13. Reporting of multiple certification.
22 Any appraiser certified or licensed in this Commonwealth who <--
23 [ANY APPRAISER CERTIFIED IN THIS COMMONWEALTH] AN INDIVIDUAL <--
24 CERTIFIED OR LICENSED UNDER THIS ACT WHO is also certified or
25 licensed to perform appraisals in any other state, territory or
26 country shall report this information to the board on the
27 biennial renewal application. Any disciplinary action taken in
28 any other state, territory or country shall be reported to the
29 board on the biennial renewal application, or within 90 days of
30 disposition, whichever is sooner. Multiple licensure or
20050S0917B2239 - 14 -
1 certification shall be noted by the board on the [certified] <--
2 appraiser's [CERTIFIED APPRAISER'S] INDIVIDUAL'S record, and <--
3 such state, territory or country shall be notified by the board
4 of any disciplinary actions taken against [said certified] the <--
5 appraiser CERTIFIED APPRAISER] THE INDIVIDUAL in this <--
6 Commonwealth.
7 Section 14. Surrender of suspended or revoked certificate.
8 The board shall require a person whose [certification]
9 certificate or license has been suspended or revoked to return
10 the certificate or license in such manner as the board directs.
11 Failure to do so shall be a misdemeanor of the third degree.
12 Section 15. Penalties.
13 (a) Criminal penalties.--A person who violates this act
14 commits a misdemeanor of the third degree and shall, upon
15 conviction, be sentenced to pay a fine of up to $1,000 or to
16 imprisonment for not more than 90 days, or both.
17 (b) Civil penalty.--In addition to any other civil remedy or
18 criminal penalty provided for in this act, the board, by a vote
19 of the majority of the maximum number of the authorized
20 membership of the board as provided by law, or by a vote of the
21 majority of the duly qualified and confirmed membership or a
22 minimum of three members, whichever is greater, may levy a civil
23 penalty of up to $1,000 on any [current] certificateholder or
24 licensee who violates any provision of this act or on any person <--
25 who holds himself or herself out as a certified or licensed real
26 estate appraiser or appraiser trainee or performs appraisals for
27 which certification or licensure is required pursuant to the
28 Financial Institutions Reform, Recovery, and Enforcement Act of
29 1989 (Public Law 101-73, 103 Stat. 183) without being so
30 certified pursuant to this act. LICENSEE WHO VIOLATES ANY <--
20050S0917B2239 - 15 -
1 PROVISION OF THIS ACT [OR ON ANY PERSON], ANY
2 NONCERTIFICATEHOLDER WHO HOLDS HIMSELF OR HERSELF OUT AS A
3 CERTIFIED REAL ESTATE APPRAISER OR [PERFORMS APPRAISALS] A REAL
4 ESTATE APPRAISER, ANY NONLICENSEE WHO HOLDS HIMSELF OR HERSELF
5 OUT AS A LICENSED APPRAISER TRAINEE OR APPRAISER TRAINEE OR ANY
6 NONCERTIFICATEHOLDER OR NONLICENSEE WHO PERFORMS AN APPRAISAL OR
7 ACTS RELATING TO AN APPRAISAL FOR WHICH CERTIFICATION OR
8 LICENSURE IS REQUIRED PURSUANT TO THIS ACT OR THE FINANCIAL
9 INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989
10 (PUBLIC LAW 101-73, 103 STAT. 183) [WITHOUT BEING SO CERTIFIED
11 PURSUANT TO THIS ACT]. The board shall levy this penalty only
12 after affording the accused party the opportunity for a hearing,
13 as provided in 2 Pa.C.S. (relating to administrative law and
14 procedure).
15 (c) Disposition.--All fines and civil penalties imposed in
16 accordance with this section shall be paid into the Professional
17 Licensure Augmentation Account.
18 Section 17. Injunctive relief.
19 (a) Injunction.--A violation of section 3 may be enjoined by
20 the courts upon petition of the secretary or the board. In any
21 proceeding under this section, it shall not be necessary to show
22 that any person is individually injured by the actions
23 complained of. If the court finds that the respondent has
24 violated section 3, it shall enjoin him or her from so
25 practicing or holding himself or herself out until he or she has
26 been duly certified or licensed. Procedure in such cases shall
27 be the same as in any other injunction suit.
28 (b) Remedy cumulative.--The injunctive remedy provided in
29 this section shall be in addition to any other civil or criminal
30 prosecution and punishment.
20050S0917B2239 - 16 -
1 Section 8. Section 18 of the act, amended July 2, 1996 <--
2 (P.L.460, No.71), is amended to read:
3 Section 18. Scope of practice.
4 Persons who are certified as residential real estate
5 appraisers and general real estate appraisers under [this act]
6 section 6(a)(1) and (2) shall also have authority to perform
7 real estate appraisals in nonfederally related transactions
8 appropriate to their certification classification.
9 Brokers/appraisers shall continue to have authority to perform
10 real estate appraisals in nonfederally related transactions.
11 Persons who are otherwise licensed by the board shall have
12 authority to perform real estate appraisals in nonfederally
13 related transactions appropriate to their appraiser license
14 classification.
15 Section 9. This act shall take effect in 60 days.
16 SECTION 7. THE BOARD SHALL PROMULGATE REGULATIONS TO CARRY <--
17 INTO EFFECT THE PROVISIONS OF THIS ACT WITHIN 18 MONTHS OF THE
18 EFFECTIVE DATE OF THIS SECTION.
19 SECTION 8. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
20 (1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
21 (2) SECTION 7 OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
22 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
23 DAYS.
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