act-2008-0-103•Pennsylvania Act 2008-103 — REAL ESTATE APPRAISERS CERTIFICATION ACT - REAL ESTATE APPRAISER CERTIFICATION REQUIRED, APPLICATION AND QUALIFICATIONS AND CERTIFICATION RENEWAL, LICENSURE RENEWAL AND RECORDS
Pennsylvania Act 2008-103 — REAL ESTATE APPRAISERS CERTIFICATION ACT - REAL ESTATE APPRAISER CERTIFICATION REQUIRED, APPLICATION AND QUALIFICATIONS AND CERTIFICATION RENEWAL, LICENSURE RENEWAL AND RECORDS
act-2008-0-1032008 Pa. Act 103Law
Act text
REAL ESTATE APPRAISERS CERTIFICATION ACT - REAL ESTATE APPRAISER
CERTIFICATION REQUIRED, APPLICATION AND QUALIFICATIONS AND CERTIFICATION
RENEWAL, LICENSURE RENEWAL AND RECORDS
Act of Oct. 9, 2008, P.L. 1380, No. 103 Cl. 63
Session of 2008
No. 2008-103
HB 949
AN ACT
Amending the act of July 10, 1990 (P.L.404, No.98), entitled "An
act providing for the certification of real estate
appraisers; specifying requirements for certification;
providing for sanctions and penalties; and making an
appropriation," further providing for real estate appraiser
certification required, for application and qualifications
and for certification renewal, licensure renewal and records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3, 6 and 10 of the act of July 10, 1990
(P.L.404, No.98), known as the Real Estate Appraisers
Certification Act, amended July 8, 2008 (P.L.833, No.59), are
amended to read:
Section 3. Real estate appraiser certification required.
It shall be unlawful for any person to do any of the
following:
(1) To hold himself out as a State-certified real estate
appraiser or to perform appraisals required by the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(Public Law 101-73, 103 Stat. 183) to be performed by a
State-certified or State-licensed real estate appraiser
unless that person holds an appropriate, current and valid
certificate from the board to perform real estate appraisals.
(2) To perform real estate appraisals in nonfederally
related transactions unless that person holds an appropriate,
current and valid certificate [or license] from the board to
perform real estate appraisals.
(3) To hold himself out as a real estate appraiser or
appraiser trainee without an appropriate, current and valid
certificate or license from the board.
Section 6. Application and qualifications.
(a) Classes of certification.--There shall be three classes
of certified real estate appraisers as follows:
(1) Certified residential appraiser, which shall consist
of those persons applying for and granted certification
relating solely to the appraisal of residential real property
in accordance with the criteria established by the Appraiser
Qualifications Board of the Appraisal Foundation required
pursuant to the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183).
(2) Certified general appraiser, which shall consist of
those persons applying for and granted certification relating
to the appraisal of both residential and nonresidential real
property without limitation in accordance with the criteria
established by the Appraiser Qualifications Board of the
Appraisal Foundation required pursuant to the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(Public Law 101-73, 103 Stat. 183).
(3) Broker/appraiser, which shall consist of those
persons who, as of September 3, 1996, were licensed real
estate brokers under the act of February 19, 1980 (P.L.15,
No.9), known as the Real Estate Licensing and Registration
Act, and who, by September 3, 1998, made application to the
board and were granted without examination a broker/appraiser
certificate. A holder of a broker/appraiser certificate shall
only be permitted to perform those real property appraisals
that were permitted to be performed by a licensed real estate
broker under the Real Estate Licensing and Registration Act
as of September 3, 1996. A holder of a broker/appraiser
certificate is not authorized to perform real estate
appraisals pursuant to the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989.
(a.1) Appraiser trainee license.--In addition to the
certificates authorized in subsection (a), the board shall issue
an appraiser trainee license, without examination, to any person
who meets the appraiser trainee educational requirements set by
the board and who does not already hold an appraiser credential
under subsection (a). An appraiser trainee shall operate under
the direct supervision of one certified residential appraiser or
certified general appraiser for the purpose of completing the
experience requirement for an appraiser credential in subsection
(a). An [appraisal] appraiser trainee shall be permitted to
assist in the performance of any appraisal that is within the
supervisory appraiser's scope of practice. The supervisory
appraiser shall be in good standing, have at least five years of
experience as a certified residential appraiser or certified
general appraiser and shall not supervise more than three
appraiser trainees.
(b) Classification to be specified.--The application for
examination, original certification or license and renewal of
certification or license shall specify the classification being
applied for.
(c) Application.--An applicant for certification or license
shall submit a written application on forms provided by the
board. The application and any and all documentation submitted
with the application shall be subscribed and sworn to before a
notary public. The applicant shall be held responsible for the
statements contained in the application. The making of a false
statement in an application may constitute a ground for
certification or license denial or revocation. The application
shall evidence that:
(1) He or she is of good moral character.
(2) His or her application has been accompanied by the
application fee.
(d) Residential appraiser certification.--As a prerequisite
to taking the examination for certification relating solely to
the appraisal of residential real property, an applicant shall,
in addition to meeting the requirements of subsection (c), meet
the minimum education and experience requirements established
pursuant to the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
(e) General appraiser certification.--As a prerequisite to
taking the examination for the general certification relating to
the appraisal of real property, an applicant shall, in addition
to meeting the requirements of subsection (c), meet the minimum
education and experience requirements established pursuant to
the Financial Institutions Reform, Recovery, and Enforcement Act
of 1989.
(f) Definition of subjects.--The board shall prescribe and
define the subjects related to real property appraisal and the
experience in real property appraisal which will satisfy the
requirements of subsections (a), (a.1), (d) and (e). To the
extent permitted pursuant to the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 with regard to certified
residential and general appraisers, the board may give credit to
an applicant for classroom hours of academic experience
successfully completed prior to the board's prescription and
definition of subjects pursuant to this subsection.
(g) Examinations.--Examinations for certification [or
license] shall be selected in accordance with the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989.
Examinations shall be prepared and administered by a qualified
and approved professional testing organization in accordance
with section 812.1 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(i) Real estate brokers as appraisers.--
(1) Nothing in this section shall preclude a licensed
real estate broker from also holding [an appraiser] a license
or certificate under subsection (a)(1) or (2) or (a.1).
(2) All persons holding a broker/appraiser certificate
under subsection (a)(3) shall be entitled to hold the
certificate for the entire term and shall be entitled and
subject to the privileges, obligations and renewals which
accompany the certificate.
Section 10. Certification renewal, licensure renewal and
records.
(a) Renewal term.--[Renewal]
(1) Except as provided under paragraph (2), renewal of
certification or licensure shall be on a biennial basis for
persons in good standing.
(2) The board may prescribe limitations on the number of
times a licensed appraiser trainee may renew a license.
(b) Continuing education for residential and general
appraisers.--The board shall by regulation require evidence of
professional activity or continuing education as a condition of
certification renewal of residential and general appraisers if,
and only to the minimum extent, required pursuant to the
Financial Institutions Reform, Recovery, and Enforcement Act of
1989 (Public Law 101-73, 103 Stat. 183). No credit shall be
given for any course in office management or practice building.
(b.1) Continuing education for broker/appraisers.--
Broker/appraisers shall be subject to the same continuing
education requirements for certification renewal as residential
and general appraisers. The board shall have the power and
authority to promulgate regulations to prescribe evidence of
continuing education required for certification renewal pursuant
to this section.
(c) Records.--A record of all persons licensed as appraiser
trainees and all persons certified as real estate appraisers in
this Commonwealth shall be kept in the office of the board,
shall be open to public inspection and copying upon payment of a
nominal fee for copying the record and shall be accessible on
the board's Internet website. Each certificateholder and
licensee shall advise the board of the address of his or her
principal place of business.
Section 2. This act shall take effect in 60 days.
APPROVED--The 9th day of October, A. D. 2008.
EDWARD G. RENDELL
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