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 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