Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 457.6 - 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 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 that includes information subject to the penalties for false swearing set forth in 18 Pa.C.S. § 4903 (relating to false swearing) or unsworn falsification to authorities set forth in 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) and which demonstrates that: (1) The applicant is of good moral character.(2) The applicant has paid the application fee.(3) The applicant has satisfied requirements for dissemination to the board of criminal history record information required by the Appraiser Qualifications Board of the Appraisal Foundation.(4) The applicant has satisfied the qualifications for licensure as an appraiser trainee or certification as a residential real estate appraiser or general real estate appraiser required by: (ii) The regulations of the board.(iii) The Real Property Appraiser Qualification Criteria of the Appraiser Qualifications Board of the Appraisal Foundation.(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 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.(h) Deleted by 1996, July 2, P.L. 460, No. 71, § 1, effective in 60 days.(i) Real estate brokers as appraisers.--(1) Nothing in this section shall preclude a licensed real estate broker from also holding 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.Amended by P.L. TBD 2016 No. 72, § 2, eff. 9/5/2016.1990, July 10, P.L. 404, No. 98, § 6, imd. effective. Amended 1996, July 2, P.L. 460, No. 71, § 1, effective in 60 days; 2000, Oct. 18, P.L. 600, No. 77, § 1, effective in 60 days; 2008, July 8, P.L. 833, No. 59, §2.1, effective in 60 days [ 9/8/2008]; 2008, Oct. 9, P.L. 1380, No. 103, §1, effective in 60 days [ 12/8/2008].