HOUSE AMENDED
PRIOR PRINTER'S NOS. 1573, 1749 PRINTER'S NO. 1891
No. 1355 Session of 1991
INTRODUCED BY TILGHMAN, OCTOBER 8, 1991
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 4, 1992
AN ACT
1 Amending the act of December 17, 1986 (P.L.1675, No.192),
2 entitled "An act providing for the certification and
3 recertification of assessors; establishing eligibility and
4 training requirements; defining the powers and duties of the
5 State Tax Equalization Board relating to training,
6 certification and recertification of assessors; and
7 authorizing the board to establish fees," transferring
8 administrative responsibility and powers and duties from the
9 State Tax Equalization Board to the State Board of Certified
10 Real Estate Appraisers; FURTHER PROVIDING FOR ADMINISTRATIVE <--
11 POWERS AND DUTIES; FURTHER PROVIDING FOR CERTIFICATION;
12 PROVIDING FOR DISCIPLINE, PENALTIES, REMEDIES, AND ADDITIONAL
13 POWERS FOR THE COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL
14 AFFAIRS; FURTHER PROVIDING FOR FEES AND DISPOSITION OF FEES;
15 and repealing the sunset provision of the law.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The title and the definition of "board" in <--
19 section 2 of the act of December 17, 1986 (P.L.1675, No.192),
20 known as the Assessors Certification Act, are IS amended to <--
21 read:
22 AN ACT
23 Providing for the certification and recertification of
1 assessors; establishing eligibility and training
2 requirements; defining the powers and duties of the [State
3 Tax Equalization Board] State Board of Certified Real Estate
4 Appraisers relating to training, certification and
5 recertification of assessors; and authorizing the board to
6 establish fees.
7 SECTION 2. THE DEFINITION OF "BOARD" IN SECTION 2 OF THE ACT <--
8 IS AMENDED AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO
9 READ:
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 * * *
15 "Board." The [State Tax Equalization Board] State Board of
16 Certified Real Estate Appraisers.
17 * * *
18 Section 2. Section 10 of the act is repealed. <--
19 Section 3. The repeal of section 10 of the act shall be
20 retroactive to December 16, 1991.
21 "COMMISSIONER." THE COMMISSIONER OF PROFESSIONAL AND <--
22 OCCUPATIONAL AFFAIRS IN THE DEPARTMENT OF STATE.
23 * * *
24 SECTION 3. SECTION 3 OF THE ACT IS AMENDED TO READ:
25 SECTION 3. [BOARD CERTIFICATION POWERS] REGULATIONS.
26 [(A) RULES AND REGULATIONS.--]THE BOARD MAY PROMULGATE RULES
27 AND REGULATIONS CONSISTENT WITH THE STATUTES OF THIS
28 COMMONWEALTH TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS
29 ACT.
30 [(B) COMPENSATION.--MEMBERS OF THE BOARD SHALL NOT RECEIVE
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1 COMPENSATION BUT SHALL BE REIMBURSED FOR ACTUAL EXPENSES
2 INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES FOR THE
3 CERTIFICATION OF ASSESSORS.]
4 SECTION 4. SECTION 4(A) AND (C) OF THE ACT ARE AMENDED AND
5 THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
6 SECTION 4. DUTIES OF THE BOARD.
7 (A) CERTIFICATION OF ASSESSORS.--IT SHALL BE THE DUTY OF THE
8 BOARD TO CERTIFY ALL ASSESSORS IN THIS COMMONWEALTH. ANY
9 ASSESSOR EMPLOYED [PRIOR TO THE PASSAGE OF THIS ACT] ON OR
10 BEFORE MARCH 16, 1992, BUT NOT HOLDING THE TITLE OF CERTIFIED
11 PENNSYLVANIA EVALUATOR SHALL HAVE THREE YEARS FROM THE EFFECTIVE
12 DATE OF [THIS ACT] EMPLOYMENT AS AN ASSESSOR TO OBTAIN
13 CERTIFICATION BY THE BOARD. ANY ASSESSOR EMPLOYED AFTER [THE
14 EFFECTIVE DATE OF THIS ACT] MARCH 16, 1992, SHALL OBTAIN
15 CERTIFICATION WITHIN A PERIOD OF THREE YEARS FROM THE EFFECTIVE
16 DATE OF EMPLOYMENT AS AN ASSESSOR. [HOWEVER, ANY PERSON HOLDING
17 THE TITLE OF CERTIFIED PENNSYLVANIA EVALUATOR WHO HAS BEEN
18 ASSESSING PROPERTY FOR A MINIMUM OF ONE YEAR IMMEDIATELY PRIOR
19 TO THE EFFECTIVE DATE OF THIS ACT OR AN ASSESSOR WHO HAS TEN
20 YEARS OF EXPERIENCE AND SERVICE IN ASSESSING PROPERTY WITH THE
21 SAME COUNTY IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT
22 SHALL BE RECOGNIZED AS CERTIFIED BY THE BOARD. DURING THE
23 INTERIM, THE NONCERTIFIED ASSESSORS SHALL BE DEEMED TO BE
24 PROVISIONALLY CERTIFIED BY THE BOARD.]
25 * * *
26 [(C) RECERTIFICATION OF ASSESSORS.--RECERTIFICATION IS A
27 PROGRAM OF CONTINUING PROFESSIONAL EDUCATION OF ASSESSORS
28 APPROVED BY THE BOARD. AT FIVE-YEAR INTERVALS, EACH CERTIFIED
29 ASSESSOR MUST ACCUMULATE NOT LESS THAN 50 CREDITS, AS DEFINED BY
30 THE BOARD, OF CONTINUING EDUCATION RELATING TO ASSESSMENT AND
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1 APPRAISAL PRACTICES. CERTIFIED ASSESSORS HAVING ACCUMULATED THE
2 REQUIRED CREDITS SHALL AUTOMATICALLY BE RECERTIFIED. NO
3 APPLICATION PROCEDURE OR EXAMINATION SHALL BE REQUIRED.]
4 (C) BIENNIAL RENEWAL OF CERTIFICATES.--RENEWAL OF
5 CERTIFICATION SHALL OCCUR ON A BIENNIAL BASIS COMMENCING WITH
6 THE 1993 RENEWAL CYCLE ADMINISTERED BY THE BOARD FOR OTHER
7 PROFESSIONAL CERTIFICATION RENEWALS.
8 (D) CONTINUING EDUCATION.--AN ASSESSOR APPLYING FOR RENEWAL
9 OF CERTIFICATION SHALL SUBMIT PROOF TO THE BOARD THAT, DURING
10 THE TWO YEARS IMMEDIATELY PRECEDING RENEWAL, THE ASSESSOR HAS
11 SATISFACTORILY COMPLETED A MINIMUM OF 20 HOURS OF CONTINUING
12 EDUCATION RELATING TO ASSESSMENT AND APPRAISAL PRACTICES,
13 PROVIDED THAT, FOR THE 1993 RENEWAL, AN ASSESSOR SHALL BE
14 REQUIRED TO COMPLETE ONLY TEN HOURS OF CONTINUING EDUCATION. THE
15 BOARD SHALL APPROVE CONTINUING EDUCATION COURSES AND PROVIDERS
16 PURSUANT TO REGULATIONS PROMULGATED BY THE BOARD.
17 SECTION 5. SECTIONS 5(B)(4) AND 6(C), (D), (E) OF THE ACT
18 ARE AMENDED TO READ:
19 SECTION 5. QUALIFICATIONS.
20 * * *
21 (B) REQUIREMENTS.--AN APPLICANT SHALL MEET THE FOLLOWING
22 REQUIREMENTS:
23 * * *
24 (4) THE APPLICANT SHALL HAVE SUCCESSFULLY COMPLETED A
25 MINIMUM OF 90 HOURS OF THE BASIC COURSES OF STUDY [OF THE
26 INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS OR THE BASIC
27 COURSES OF STUDY OF THE ASSESSORS ASSOCIATION OF
28 PENNSYLVANIA] APPROVED BY THE BOARD COVERING THE APPRAISAL
29 ASSESSING PROFESSION OR ANY OTHER PROFESSIONAL COURSES
30 ACCEPTABLE TO THE BOARD. AT THE DISCRETION OF THE COUNTY
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1 COMMISSIONERS, THE COUNTY MAY REIMBURSE COUNTY ASSESSORS FOR
2 THE COSTS OF COMPLETING THE COURSES OF STUDY REQUIRED BY THIS
3 SUBSECTION.
4 SECTION 6. CERTIFICATION.
5 * * *
6 (C) EXAMINATION.--APPLICANTS SHALL SUCCESSFULLY COMPLETE A
7 COMPREHENSIVE EXAMINATION[, PROCTORED BY A MEMBER OF THE BOARD,
8 OR A DESIGNEE,] COVERING ALL PHASES OF THE APPRAISAL PROCESS AND
9 THE ASSESSMENT FUNCTION ESTABLISHED BY THE ASSESSMENT STATUTES
10 OF THIS COMMONWEALTH. ANY SUCH EXAMINATION SHALL BE PREPARED AND
11 ADMINISTERED BY A QUALIFIED AND APPROVED PROFESSIONAL TESTING
12 ORGANIZATION IN ACCORDANCE WITH SECTION 812.1 OF THE ACT OF
13 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
14 CODE OF 1929.
15 (D) CERTIFICATION.--UPON SUCCESSFUL COMPLETION OF THE
16 COMPREHENSIVE EXAMINATION, THE BOARD SHALL ISSUE A CERTIFIED
17 PENNSYLVANIA EVALUATOR'S CERTIFICATE TO THE APPLICANT. A
18 CERTIFICATE SHALL BE VALID FOR TWO YEARS OR UNTIL THE NEXT
19 RENEWAL CYCLE ADMINISTERED BY THE BOARD FOR OTHER PROFESSIONAL
20 CERTIFICATION RENEWALS, WHICHEVER OCCURS EARLIER.
21 (E) LICENSURE.--NOTHING IN THIS ACT SHALL RELIEVE ANY
22 INDIVIDUAL OR COMPANY FROM [THE PRESENT] ANY OTHERWISE
23 APPLICABLE LEGAL OBLIGATION TO BE LICENSED AS A REAL ESTATE
24 BROKER PURSUANT TO THE ACT OF FEBRUARY 19, 1980 (P.L.15, NO.9),
25 KNOWN AS THE REAL ESTATE LICENSING AND REGISTRATION ACT, OR TO
26 BE CERTIFIED AS A CERTIFIED STATE REAL ESTATE APPRAISER UNDER
27 THE ACT OF JULY 10, 1990 (P.L.404, NO.98), KNOWN AS THE REAL
28 ESTATE APPRAISERS CERTIFICATION ACT.
29 SECTION 6. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
30 SECTION 6.1. DISCIPLINARY AND CORRECTION MEASURES.
19910S1355B1891 - 5 -
1 (A) AUTHORITY OF BOARD.--THE BOARD MAY DENY, SUSPEND OR
2 REVOKE CERTIFICATES, OR LIMIT, RESTRICT OR REPRIMAND A
3 CERTIFICATEHOLDER FOR ANY OF THE FOLLOWING CAUSES:
4 (1) PROCURING OR ATTEMPTING TO PROCURE A CERTIFICATE OR
5 RENEWAL OF A CERTIFICATE PURSUANT TO THIS ACT BY KNOWINGLY
6 MAKING A FALSE STATEMENT, SUBMITTING FALSE INFORMATION OR
7 REFUSING TO PROVIDE COMPLETE INFORMATION IN RESPONSE TO A
8 QUESTION IN AN APPLICATION FOR CERTIFICATION OR RENEWAL.
9 (2) FAILING TO MEET THE MINIMUM QUALIFICATIONS
10 ESTABLISHED BY THIS ACT.
11 (3) PAYING, OR OFFERING TO PAY, ANY VALUABLE
12 CONSIDERATION OTHER THAN PROVIDED FOR BY THIS ACT TO ANY
13 MEMBER OR EMPLOYEE OF THE BOARD TO PROCURE A CERTIFICATE OR
14 RENEWAL OF A CERTIFICATE UNDER THIS ACT.
15 (4) BEING CONVICTED OF OR PLEADING GUILTY TO A CRIME
16 WHICH IS SUBSTANTIALLY RELATED TO THE QUALIFICATIONS,
17 FUNCTIONS AND DUTIES OF A PERSON DEVELOPING REAL PROPERTY
18 ASSESSMENTS.
19 (5) PERFORMING AN ACT OR OMITTING AN ACT WHEN SUCH
20 PERFORMANCE OR OMISSION INVOLVES DISHONESTY, FRAUD OR
21 MISREPRESENTATION WITH INTENT TO SUBSTANTIALLY BENEFIT THE
22 CERTIFICATEHOLDER IN HIS PROFESSION OR WITH THE INTENT TO
23 SUBSTANTIALLY INJURE ANOTHER PERSON.
24 (6) VIOLATING ANY OF THE STANDARDS OF PROFESSIONAL
25 CONDUCT FOR REAL PROPERTY ASSESSMENT AS ADOPTED BY THE BOARD
26 BY REGULATION.
27 (7) FAILING OR REFUSING, WITHOUT GOOD CAUSE, TO EXERCISE
28 REASONABLE DILIGENCE IN DEVELOPING AN ASSESSMENT OR PREPARING
29 AN ASSESSMENT REPORT.
30 (8) NEGLIGENTLY OR INCOMPETENTLY DEVELOPING AN
19910S1355B1891 - 6 -
1 ASSESSMENT OR PREPARING AN ASSESSMENT.
2 (9) WILLFULLY DISREGARDING OR VIOLATING ANY OF THE
3 PROVISIONS OF THIS ACT OR THE REGULATIONS OF THE BOARD FOR
4 THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS
5 ACT.
6 (10) VIOLATING THE CONFIDENTIAL NATURE OF RECORDS TO
7 WHICH THE ASSESSOR GAINED ACCESS THROUGH EMPLOYMENT OR
8 ENGAGEMENT AS AN ASSESSOR.
9 (11) HAVING AN ASSESSOR'S LICENSE OR CERTIFICATE
10 SUSPENDED, REVOKED OR REFUSED OR RECEIVING OTHER DISCIPLINARY
11 ACTION BY A LICENSING OR CERTIFICATION AUTHORITY OF ANOTHER
12 STATE, TERRITORY OR COUNTRY.
13 (B) BOARD ACTION.--WHEN THE BOARD FINDS THAT THE
14 CERTIFICATION OR APPLICATION FOR CERTIFICATION OR RENEWAL OF A
15 PERSON SHOULD BE DENIED, REVOKED, RESTRICTED OR SUSPENDED UNDER
16 THE TERMS OF SUBSECTION (A), THE BOARD MAY:
17 (1) DENY THE APPLICATION FOR CERTIFICATION OR RENEWAL.
18 (2) ADMINISTER A PUBLIC REPRIMAND.
19 (3) REVOKE, SUSPEND, LIMIT OR OTHERWISE RESTRICT A
20 CERTIFICATE AS DETERMINED BY THE BOARD.
21 (4) SUSPEND ENFORCEMENT OF ITS FINDINGS AND PLACE A
22 CERTIFICATEHOLDER ON PROBATION WITH THE RIGHT TO VACATE THE
23 PROBATIONARY ORDER FOR NONCOMPLIANCE.
24 (5) RESTORE A SUSPENDED CERTIFICATION AND IMPOSE ANY
25 DISCIPLINARY OR CORRECTIVE MEASURE WHICH IT MIGHT ORIGINALLY
26 HAVE IMPOSED.
27 SECTION 6.2. UNLAWFUL PRACTICE.
28 (A) PROHIBITION.--A PERSON MAY NOT PERFORM VALUATIONS OF
29 REAL PROPERTY FOR AD VALOREM TAX PURPOSES, EXCEPT AS PROVIDED BY
30 THE THREE-YEAR GRACE PERIOD UNDER SECTION 4(A), UNLESS THE
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1 PERSON IS CURRENTLY CERTIFIED BY THE BOARD AS A CERTIFIED
2 PENNSYLVANIA EVALUATOR.
3 (B) PENALTY.--A PERSON WHO INTENTIONALLY VIOLATES SUBSECTION
4 (A) COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON
5 CONVICTION, BE SENTENCED TO PAY A FINE OF $2,500 OR TO
6 IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
7 (C) INJUNCTION.--A VIOLATION OF SUBSECTION (A) MAY BE
8 ENJOINED BY THE COURTS UPON PETITION OF THE COMMISSIONER OR THE
9 BOARD. IN ANY PROCEEDING UNDER THIS SECTION, IT SHALL NOT BE
10 NECESSARY TO SHOW THAT ANY PERSON IS INDIVIDUALLY INJURED BY THE
11 ACTIONS COMPLAINED OF. IF THE COURT FINDS THAT THE RESPONDENT
12 HAS VIOLATED SUBSECTION (A), IT SHALL ENJOIN HIM OR HER FROM SO
13 PRACTICING OR HOLDING HIMSELF OR HERSELF OUT UNTIL HE OR SHE HAS
14 BEEN DULY CERTIFIED. PROCEDURE IN SUCH CASES SHALL BE THE SAME
15 AS IN ANY OTHER INJUNCTIVE SUIT.
16 (D) REMEDY CUMULATIVE.--THE INJUNCTIVE REMEDY PROVIDED IN
17 THIS SECTION SHALL BE IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL
18 PROSECUTION AND PUNISHMENT.
19 (E) CIVIL PENALTY.--IN ADDITION TO ANY OTHER CIVIL REMEDY OR
20 CRIMINAL PENALTY PROVIDED IN THIS ACT, THE BOARD, BY A VOTE OF
21 THE MAJORITY OF THE MAXIMUM NUMBER OF THE AUTHORIZED MEMBERSHIP
22 OF THE BOARD AS PROVIDED BY LAW, OR BY A VOTE OF THE MAJORITY OF
23 THE DULY QUALIFIED AND CONFIRMED MEMBERSHIP OR A MINIMUM OF
24 THREE MEMBERS, WHICHEVER IS GREATER, MAY LEVY A CIVIL PENALTY OF
25 UP TO $1,000 ON ANY CURRENT CERTIFICATEHOLDER WHO VIOLATES ANY
26 PROVISION OF THIS ACT OR ON ANY PERSON WHO HOLDS HIMSELF OR
27 HERSELF OUT AS A CERTIFIED PENNSYLVANIA EVALUATOR OR PERFORMS
28 VALUATIONS OF REAL PROPERTY FOR AD VALOREM TAX PURPOSES FOR
29 WHICH CERTIFICATION AS A CERTIFIED PENNSYLVANIA EVALUATOR IS
30 REQUIRED WITHOUT BEING SO CERTIFIED PURSUANT TO THIS ACT. THE
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1 BOARD SHALL LEVY THIS PENALTY ONLY AFTER AFFORDING THE ACCUSED
2 PARTY THE OPPORTUNITY FOR A HEARING, AS PROVIDED IN 2 PA.C.S.
3 (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE).
4 SECTION 7. SECTIONS 7 AND 8 OF THE ACT ARE AMENDED TO READ:
5 SECTION 7. FEES.
6 THE BOARD SHALL ESTABLISH BY REGULATION SUCH FEES AS IT DEEMS
7 NECESSARY [TO COMPLY WITH THE INTENT OF THIS ACT] FOR
8 APPLICATIONS, EXAMINATIONS, CERTIFICATIONS AND RENEWALS
9 AUTHORIZED BY THIS ACT OR BY REGULATIONS PROMULGATED BY THE
10 BOARD.
11 SECTION 8. DISPOSITION OF FEES.
12 ALL FEES COLLECTED UNDER THIS ACT SHALL BE DEPOSITED IN [A
13 RESTRICTED RECEIPT ACCOUNT TO BE ADMINISTERED BY THE BOARD FOR
14 THE ADMINISTRATION OF THIS ACT] THE PROFESSIONAL LICENSURE
15 AUGMENTATION ACCOUNT.
16 SECTION 8. SECTION 10 OF THE ACT IS REPEALED.
17 SECTION 9. IN ORDER TO FACILITATE THE SPEEDY IMPLEMENTATION
18 OF THIS ACT, THE BOARD SHALL HAVE THE POWER AND AUTHORITY TO
19 PROMULGATE, ADOPT AND USE GUIDELINES, INCLUDING THE AUTHORITY TO
20 PRESCRIBE THE EXAMINATION AND OTHER QUALIFICATIONS REQUIRED FOR
21 CERTIFICATION AND RENEWAL UNDER THIS SECTION. SUCH GUIDELINES
22 SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN. THE GUIDELINES
23 SHALL NOT BE SUBJECT TO REVIEW UNDER SECTION 205 OF THE ACT OF
24 JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH
25 DOCUMENTS LAW, SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
26 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS
27 ACT, OR THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE
28 REGULATORY REVIEW ACT, AND SHALL BE EFFECTIVE FOR A PERIOD NOT
29 TO EXCEED TWO YEARS FROM THE EFFECTIVE DATE OF THIS ACT. AFTER
30 THE EXPIRATION OF THE TWO-YEAR PERIOD, THE GUIDELINES SHALL
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1 EXPIRE AND SHALL BE REPLACED BY REGULATIONS WHICH SHALL HAVE
2 BEEN PROMULGATED, ADOPTED AND PUBLISHED AS PROVIDED BY LAW.
3 SECTION 10. ANY PERSON WHO, ON THE EFFECTIVE DATE OF THIS
4 ACT, HOLDS A VALID CERTIFICATE ISSUED BY THE STATE TAX
5 EQUALIZATION BOARD UNDER THE ACT OF DECEMBER 17, 1986 (P.L.1675,
6 NO.192), KNOWN AS THE ASSESSORS CERTIFICATION ACT, PRIOR TO THE
7 EFFECTIVE DATE OF THIS ACT SHALL ON AND AFTER THE EFFECTIVE DATE
8 OF THIS ACT BE DEEMED TO BE CERTIFIED BY THE STATE BOARD OF
9 CERTIFIED REAL ESTATE APPRAISERS AS PROVIDED IN THIS ACT,
10 PROVIDED THAT SUCH CERTIFICATION SHALL EXPIRE COMMENCING WITH
11 THE 1993 RENEWAL CYCLE ADMINISTERED BY THE BOARD FOR OTHER
12 PROFESSIONAL CERTIFICATION RENEWALS UNLESS RENEWED IN ACCORDANCE
13 WITH THIS ACT.
14 SECTION 11. THIS ACT SHALL BE RETROACTIVE AS FOLLOWS:
15 (1) THE REPEAL OF SECTION 10 OF THE ACT SHALL BE
16 RETROACTIVE TO DECEMBER 16, 1991.
17 (2) THE REMAINDER OF THIS ACT SHALL BE RETROACTIVE TO
18 MARCH 17, 1992, IF ENACTED AFTER THAT DATE.
19 Section 4 12. This act shall take effect immediately. <--
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