SENATE AMENDED
PRIOR PRINTER'S NOS. 1573, 1749, 1891 PRINTER'S NO. 2041
No. 1355 Session of 1991
INTRODUCED BY TILGHMAN, OCTOBER 8, 1991
SENATE AMENDMENTS TO HOUSE AMENDMENTS, MARCH 25, 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.
1 PROVIDING FOR THE CERTIFICATION AND RECERTIFICATION OF <--
2 ASSESSORS; ESTABLISHING ELIGIBILITY AND TRAINING
3 REQUIREMENTS; DEFINING THE POWERS AND DUTIES OF THE STATE
4 BOARD OF CERTIFIED REAL ESTATE APPRAISERS RELATING TO
5 TRAINING, CERTIFICATION AND RECERTIFICATION OF ASSESSORS; AND
6 AUTHORIZING THE BOARD TO ESTABLISH FEES.
7 TABLE OF CONTENTS
8 SECTION 1. SHORT TITLE.
9 SECTION 2. DEFINITIONS.
10 SECTION 3. REGULATIONS.
11 SECTION 4. DUTIES OF BOARD.
1 SECTION 5. QUALIFICATIONS.
2 SECTION 6. CERTIFICATION.
3 SECTION 7. DISCIPLINARY AND CORRECTION MEASURES.
4 SECTION 8. UNLAWFUL PRACTICE.
5 SECTION 9. FEES.
6 SECTION 10. DISPOSITION OF FEES.
7 SECTION 11. NONAPPLICABILITY.
8 SECTION 12. IMPLEMENTATION.
9 SECTION 13. HOLDERS OF VALID CERTIFICATION.
10 SECTION 14. RATIFICATION OF ACTION.
11 SECTION 15. CONSTRUCTION OF ACT.
12 SECTION 16. RETROACTIVITY.
13 SECTION 17. EFFECTIVE DATE.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The title of the act of December 17, 1986 <--
17 (P.L.1675, No.192), known as the Assessors Certification Act, is
18 amended to read:
19 AN ACT
20 Providing for the certification and recertification of
21 assessors; establishing eligibility and training
22 requirements; defining the powers and duties of the [State
23 Tax Equalization Board] State Board of Certified Real Estate
24 Appraisers relating to training, certification and
25 recertification of assessors; and authorizing the board to
26 establish fees.
27 Section 2. The definition of "board" in section 2 of the act
28 is amended and the section is amended by adding a definition to
29 read:
30 Section 2. Definitions.
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1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 * * *
5 "Board." The [State Tax Equalization Board] State Board of
6 Certified Real Estate Appraisers.
7 * * *
8 "Commissioner." The Commissioner of Professional and
9 Occupational Affairs in the Department of State.
10 * * *
11 Section 3. Section 3 of the act is amended to read:
12 Section 3. [Board certification powers] Regulations.
13 [(a) Rules and regulations.--]The board may promulgate rules
14 and regulations consistent with the statutes of this
15 Commonwealth to administer and enforce the provisions of this
16 act.
17 [(b) Compensation.--Members of the board shall not receive
18 compensation but shall be reimbursed for actual expenses
19 incurred in the performance of official duties for the
20 certification of assessors.]
21 Section 4. Section 4(a) and (c) of the act are amended and
22 the section is amended by adding a subsection to read:
23 Section 4. Duties of the board.
24 (a) Certification of assessors.--It shall be the duty of the
25 board to certify all assessors in this Commonwealth. Any
26 assessor employed [prior to the passage of this act] on or
27 before March 16, 1992, but not holding the title of Certified
28 Pennsylvania Evaluator shall have three years from the effective
29 date of [this act] employment as an assessor to obtain
30 certification by the board. Any assessor employed after [the
19910S1355B2041 - 3 -
1 effective date of this act] March 16, 1992, shall obtain
2 certification within a period of three years from the effective
3 date of employment as an assessor. [However, any person holding
4 the title of Certified Pennsylvania Evaluator who has been
5 assessing property for a minimum of one year immediately prior
6 to the effective date of this act or an assessor who has ten
7 years of experience and service in assessing property with the
8 same county immediately prior to the effective date of this act
9 shall be recognized as certified by the board. During the
10 interim, the noncertified assessors shall be deemed to be
11 provisionally certified by the board.]
12 * * *
13 [(c) Recertification of assessors.--Recertification is a
14 program of continuing professional education of assessors
15 approved by the board. At five-year intervals, each certified
16 assessor must accumulate not less than 50 credits, as defined by
17 the board, of continuing education relating to assessment and
18 appraisal practices. Certified assessors having accumulated the
19 required credits shall automatically be recertified. No
20 application procedure or examination shall be required.]
21 (c) Biennial renewal of certificates.--Renewal of
22 certification shall occur on a biennial basis commencing with
23 the 1993 renewal cycle administered by the board for other
24 professional certification renewals.
25 (d) Continuing education.--An assessor applying for renewal
26 of certification shall submit proof to the board that, during
27 the two years immediately preceding renewal, the assessor has
28 satisfactorily completed a minimum of 20 hours of continuing
29 education relating to assessment and appraisal practices,
30 provided that, for the 1993 renewal, an assessor shall be
19910S1355B2041 - 4 -
1 required to complete only ten hours of continuing education. The
2 board shall approve continuing education courses and providers
3 pursuant to regulations promulgated by the board.
4 Section 5. Sections 5(b)(4) and 6(c), (d), (e) of the act
5 are amended to read:
6 Section 5. Qualifications.
7 * * *
8 (b) Requirements.--An applicant shall meet the following
9 requirements:
10 * * *
11 (4) The applicant shall have successfully completed a
12 minimum of 90 hours of the basic courses of study [of the
13 International Association of Assessing Officers or the basic
14 courses of study of the Assessors Association of
15 Pennsylvania] approved by the board covering the appraisal
16 assessing profession or any other professional courses
17 acceptable to the board. At the discretion of the county
18 commissioners, the county may reimburse county assessors for
19 the costs of completing the courses of study required by this
20 subsection.
21 Section 6. Certification.
22 * * *
23 (c) Examination.--Applicants shall successfully complete a
24 comprehensive examination[, proctored by a member of the board,
25 or a designee,] covering all phases of the appraisal process and
26 the assessment function established by the assessment statutes
27 of this Commonwealth. Any such examination shall be prepared and
28 administered by a qualified and approved professional testing
29 organization in accordance with section 812.1 of the act of
30 April 9, 1929 (P.L.177, No.175), known as The Administrative
19910S1355B2041 - 5 -
1 Code of 1929.
2 (d) Certification.--Upon successful completion of the
3 comprehensive examination, the board shall issue a Certified
4 Pennsylvania Evaluator's Certificate to the applicant. A
5 certificate shall be valid for two years or until the next
6 renewal cycle administered by the board for other professional
7 certification renewals, whichever occurs earlier.
8 (e) Licensure.--Nothing in this act shall relieve any
9 individual or company from [the present] any otherwise
10 applicable legal obligation to be licensed as a real estate
11 broker pursuant to the act of February 19, 1980 (P.L.15, No.9),
12 known as the Real Estate Licensing and Registration Act, or to
13 be certified as a certified State real estate appraiser under
14 the act of July 10, 1990 (P.L.404, No.98), known as the Real
15 Estate Appraisers Certification Act.
16 Section 6. The act is amended by adding sections to read:
17 Section 6.1. Disciplinary and correction measures.
18 (a) Authority of board.--The board may deny, suspend or
19 revoke certificates, or limit, restrict or reprimand a
20 certificateholder for any of the following causes:
21 (1) Procuring or attempting to procure a certificate or
22 renewal of a certificate pursuant to this act by knowingly
23 making a false statement, submitting false information or
24 refusing to provide complete information in response to a
25 question in an application for certification or renewal.
26 (2) Failing to meet the minimum qualifications
27 established by this act.
28 (3) Paying, or offering to pay, any valuable
29 consideration other than provided for by this act to any
30 member or employee of the board to procure a certificate or
19910S1355B2041 - 6 -
1 renewal of a certificate under this act.
2 (4) Being convicted of or pleading guilty to a crime
3 which is substantially related to the qualifications,
4 functions and duties of a person developing real property
5 assessments.
6 (5) Performing an act or omitting an act when such
7 performance or omission involves dishonesty, fraud or
8 misrepresentation with intent to substantially benefit the
9 certificateholder in his profession or with the intent to
10 substantially injure another person.
11 (6) Violating any of the standards of professional
12 conduct for real property assessment as adopted by the board
13 by regulation.
14 (7) Failing or refusing, without good cause, to exercise
15 reasonable diligence in developing an assessment or preparing
16 an assessment report.
17 (8) Negligently or incompetently developing an
18 assessment or preparing an assessment.
19 (9) Willfully disregarding or violating any of the
20 provisions of this act or the regulations of the board for
21 the administration and enforcement of the provisions of this
22 act.
23 (10) Violating the confidential nature of records to
24 which the assessor gained access through employment or
25 engagement as an assessor.
26 (11) Having an assessor's license or certificate
27 suspended, revoked or refused or receiving other disciplinary
28 action by a licensing or certification authority of another
29 state, territory or country.
30 (b) Board action.--When the board finds that the
19910S1355B2041 - 7 -
1 certification or application for certification or renewal of a
2 person should be denied, revoked, restricted or suspended under
3 the terms of subsection (a), the board may:
4 (1) Deny the application for certification or renewal.
5 (2) Administer a public reprimand.
6 (3) Revoke, suspend, limit or otherwise restrict a
7 certificate as determined by the board.
8 (4) Suspend enforcement of its findings and place a
9 certificateholder on probation with the right to vacate the
10 probationary order for noncompliance.
11 (5) Restore a suspended certification and impose any
12 disciplinary or corrective measure which it might originally
13 have imposed.
14 Section 6.2. Unlawful practice.
15 (a) Prohibition.--A person may not perform valuations of
16 real property for ad valorem tax purposes, except as provided by
17 the three-year grace period under section 4(a), unless the
18 person is currently certified by the board as a Certified
19 Pennsylvania Evaluator.
20 (b) Penalty.--A person who intentionally violates subsection
21 (a) commits a misdemeanor of the third degree and shall, upon
22 conviction, be sentenced to pay a fine of $2,500 or to
23 imprisonment for not more than one year, or both.
24 (c) Injunction.--A violation of subsection (a) may be
25 enjoined by the courts upon petition of the commissioner or the
26 board. In any proceeding under this section, it shall not be
27 necessary to show that any person is individually injured by the
28 actions complained of. If the court finds that the respondent
29 has violated subsection (a), it shall enjoin him or her from so
30 practicing or holding himself or herself out until he or she has
19910S1355B2041 - 8 -
1 been duly certified. Procedure in such cases shall be the same
2 as in any other injunctive suit.
3 (d) Remedy cumulative.--The injunctive remedy provided in
4 this section shall be in addition to any other civil or criminal
5 prosecution and punishment.
6 (e) Civil penalty.--In addition to any other civil remedy or
7 criminal penalty provided in this act, the board, by a vote of
8 the majority of the maximum number of the authorized membership
9 of the board as provided by law, or by a vote of the majority of
10 the duly qualified and confirmed membership or a minimum of
11 three members, whichever is greater, may levy a civil penalty of
12 up to $1,000 on any current certificateholder who violates any
13 provision of this act or on any person who holds himself or
14 herself out as a Certified Pennsylvania Evaluator or performs
15 valuations of real property for ad valorem tax purposes for
16 which certification as a Certified Pennsylvania Evaluator is
17 required without being so certified pursuant to this act. The
18 board shall levy this penalty only after affording the accused
19 party the opportunity for a hearing, as provided in 2 Pa.C.S.
20 (relating to administrative law and procedure).
21 Section 7. Sections 7 and 8 of the act are amended to read:
22 Section 7. Fees.
23 The board shall establish by regulation such fees as it deems
24 necessary [to comply with the intent of this act] for
25 applications, examinations, certifications and renewals
26 authorized by this act or by regulations promulgated by the
27 board.
28 Section 8. Disposition of fees.
29 All fees collected under this act shall be deposited in [a
30 restricted receipt account to be administered by the board for
19910S1355B2041 - 9 -
1 the administration of this act] the Professional Licensure
2 Augmentation Account.
3 Section 8. Section 10 of the act is repealed.
4 Section 9. In order to facilitate the speedy implementation
5 of this act, the board shall have the power and authority to
6 promulgate, adopt and use guidelines, including the authority to
7 prescribe the examination and other qualifications required for
8 certification and renewal under this section. Such guidelines
9 shall be published in the Pennsylvania Bulletin. The guidelines
10 shall not be subject to review under section 205 of the act of
11 July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
12 Documents Law, sections 204(b) and 301(10) of the act of October
13 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys
14 Act, or the act of June 25, 1982 (P.L.633, No.181), known as the
15 Regulatory Review Act, and shall be effective for a period not
16 to exceed two years from the effective date of this act. After
17 the expiration of the two-year period, the guidelines shall
18 expire and shall be replaced by regulations which shall have
19 been promulgated, adopted and published as provided by law.
20 Section 10. Any person who, on the effective date of this
21 act, holds a valid certificate issued by the State Tax
22 Equalization Board under the act of December 17, 1986 (P.L.1675,
23 No.192), known as the Assessors Certification Act, prior to the
24 effective date of this act shall on and after the effective date
25 of this act be deemed to be certified by the State Board of
26 Certified Real Estate Appraisers as provided in this act,
27 provided that such certification shall expire commencing with
28 the 1993 renewal cycle administered by the board for other
29 professional certification renewals unless renewed in accordance
30 with this act.
19910S1355B2041 - 10 -
1 Section 11. This act shall be retroactive as follows:
2 (1) The repeal of section 10 of the act shall be
3 retroactive to December 16, 1991.
4 (2) The remainder of this act shall be retroactive to
5 March 17, 1992, if enacted after that date.
6 Section 12. This act shall take effect immediately.
7 SECTION 1. SHORT TITLE. <--
8 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE ASSESSORS
9 CERTIFICATION ACT.
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 "ASSESSOR." ANY PERSON RESPONSIBLE FOR THE VALUATION OF REAL
15 PROPERTY FOR AD VALOREM TAXATION PURPOSES.
16 "BOARD." THE STATE BOARD OF CERTIFIED REAL ESTATE
17 APPRAISERS.
18 "CERTIFIED PENNSYLVANIA EVALUATOR." AN INDIVIDUAL WHO HAS
19 COMPLETED A MINIMUM OF 90 HOURS OF BASIC COURSES OF STUDY
20 COVERING THE APPRAISAL ASSESSING PROFESSION AND HAS SUCCESSFULLY
21 COMPLETED A COMPREHENSIVE EXAMINATION COVERING ALL PHASES OF THE
22 APPRAISAL PROCESS AND THE ASSESSMENT FUNCTION ESTABLISHED BY THE
23 ASSESSMENT STATUTES OF THIS COMMONWEALTH.
24 "COMMISSIONER." THE COMMISSIONER OF PROFESSIONAL AND
25 OCCUPATIONAL AFFAIRS IN THE DEPARTMENT OF STATE.
26 "REVALUATION COMPANY." A MASS APPRAISAL COMPANY.
27 SECTION 3. REGULATIONS.
28 THE BOARD MAY PROMULGATE RULES AND REGULATIONS CONSISTENT
29 WITH THE STATUTES OF THIS COMMONWEALTH TO ADMINISTER AND ENFORCE
30 THE PROVISIONS OF THIS ACT.
19910S1355B2041 - 11 -
1 SECTION 4. DUTIES OF BOARD.
2 (A) CERTIFICATION OF ASSESSORS.--IT SHALL BE THE DUTY OF THE
3 BOARD TO CERTIFY ALL ASSESSORS IN THIS COMMONWEALTH. ANY
4 ASSESSOR EMPLOYED ON OR BEFORE MARCH 16, 1992, BUT NOT HOLDING
5 THE TITLE OF CERTIFIED PENNSYLVANIA EVALUATOR SHALL HAVE THREE
6 YEARS FROM THE EFFECTIVE DATE OF EMPLOYMENT AS AN ASSESSOR TO
7 OBTAIN CERTIFICATION BY THE BOARD. ANY ASSESSOR EMPLOYED AFTER
8 MARCH 16, 1992, SHALL OBTAIN CERTIFICATION WITHIN A PERIOD OF
9 THREE YEARS FROM THE EFFECTIVE DATE OF EMPLOYMENT AS AN
10 ASSESSOR.
11 (B) QUALIFICATION OF REVALUATION COMPANY PERSONNEL.--ANY
12 PERSON EMPLOYED BY A REVALUATION COMPANY WHO IS DIRECTLY
13 RESPONSIBLE FOR THE VALUATION OF REAL PROPERTY SHALL HAVE MET
14 THE EDUCATIONAL REQUIREMENTS OF THIS ACT OR SUCCESSFULLY
15 COMPLETED EDUCATIONAL COURSES EQUAL TO THE MINIMUM
16 QUALIFICATIONS ESTABLISHED BY THE BOARD. FAILURE TO MEET THE
17 REQUIREMENTS CONTAINED IN THIS SECTION WILL PROHIBIT THAT PERSON
18 FROM DETERMINING THE VALUE OF REAL PROPERTY IN THIS
19 COMMONWEALTH.
20 (C) BIENNIAL RENEWAL OF CERTIFICATES.--RENEWAL OF
21 CERTIFICATION SHALL OCCUR ON A BIENNIAL BASIS COMMENCING WITH
22 THE 1993 RENEWAL CYCLE ADMINISTERED BY THE BOARD FOR OTHER
23 PROFESSIONAL CERTIFICATION RENEWALS.
24 (D) CONTINUING EDUCATION.--AN ASSESSOR APPLYING FOR RENEWAL
25 OF CERTIFICATION SHALL SUBMIT PROOF TO THE BOARD THAT, DURING
26 THE TWO YEARS IMMEDIATELY PRECEDING RENEWAL, THE ASSESSOR HAS
27 SATISFACTORILY COMPLETED A MINIMUM OF 20 HOURS OF CONTINUING
28 EDUCATION RELATING TO ASSESSMENT AND APPRAISAL PRACTICES,
29 PROVIDED THAT, FOR THE 1993 RENEWAL, AN ASSESSOR SHALL BE
30 REQUIRED TO COMPLETE ONLY TEN HOURS OF CONTINUING EDUCATION. THE
19910S1355B2041 - 12 -
1 BOARD SHALL APPROVE CONTINUING EDUCATION COURSES AND PROVIDERS
2 PURSUANT TO REGULATIONS PROMULGATED BY THE BOARD.
3 SECTION 5. QUALIFICATIONS.
4 (A) GENERAL RULE.--ALL ASSESSORS IN THIS COMMONWEALTH SHALL
5 MEET THE REQUIREMENTS ENUMERATED IN SUBSECTION (B).
6 (B) REQUIREMENTS.--AN APPLICANT SHALL MEET THE FOLLOWING
7 REQUIREMENTS:
8 (1) THE APPLICANT SHALL HAVE A HIGH SCHOOL DIPLOMA, OR
9 ITS EQUIVALENT, OR TWO YEARS OF ASSESSING EXPERIENCE.
10 (2) THE APPLICANT SHALL BE AT LEAST 18 YEARS OF AGE.
11 (3) THE APPLICANT SHALL BE A RESIDENT OF THIS
12 COMMONWEALTH FOR AT LEAST SIX MONTHS.
13 (4) THE APPLICANT SHALL HAVE SUCCESSFULLY COMPLETED A
14 MINIMUM OF 90 HOURS OF THE BASIC COURSES OF STUDY APPROVED BY
15 THE BOARD COVERING THE APPRAISAL ASSESSING PROFESSION OR ANY
16 OTHER PROFESSIONAL COURSES ACCEPTABLE TO THE BOARD. AT THE
17 DISCRETION OF THE COUNTY COMMISSIONERS, THE COUNTY MAY
18 REIMBURSE COUNTY ASSESSORS FOR THE COSTS OF COMPLETING THE
19 COURSES OF STUDY REQUIRED BY THIS SUBSECTION.
20 SECTION 6. CERTIFICATION.
21 (A) REQUIREMENT.--ALL ASSESSORS IN THIS COMMONWEALTH SHALL
22 BE CERTIFIED UNDER THIS ACT.
23 (B) APPLICATION.--APPLICATION FOR CERTIFICATION SHALL BE
24 MADE TO THE BOARD BY COMPLETION OF THE BOARD'S PRESCRIBED
25 APPLICATION FORM AND SHALL BE ACCOMPANIED BY THE APPROPRIATE FEE
26 ESTABLISHED BY THE BOARD.
27 (C) EXAMINATION.--APPLICANTS SHALL SUCCESSFULLY COMPLETE A
28 COMPREHENSIVE EXAMINATION COVERING ALL PHASES OF THE APPRAISAL
29 PROCESS AND THE ASSESSMENT FUNCTION ESTABLISHED BY THE
30 ASSESSMENT STATUTES OF THIS COMMONWEALTH. ANY SUCH EXAMINATION
19910S1355B2041 - 13 -
1 SHALL BE PREPARED AND ADMINISTERED BY A QUALIFIED AND APPROVED
2 PROFESSIONAL TESTING ORGANIZATION IN ACCORDANCE WITH SECTION
3 812.1 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS
4 THE ADMINISTRATIVE CODE OF 1929.
5 (D) CERTIFICATION.--UPON SUCCESSFUL COMPLETION OF THE
6 COMPREHENSIVE EXAMINATION, THE BOARD SHALL ISSUE A CERTIFIED
7 PENNSYLVANIA EVALUATOR'S CERTIFICATE TO THE APPLICANT. A
8 CERTIFICATE SHALL BE VALID FOR TWO YEARS OR UNTIL THE NEXT
9 RENEWAL CYCLE ADMINISTERED BY THE BOARD FOR OTHER PROFESSIONAL
10 CERTIFICATION RENEWALS, WHICHEVER OCCURS EARLIER.
11 (E) LICENSURE.--NOTHING IN THIS ACT SHALL RELIEVE ANY
12 INDIVIDUAL OR COMPANY FROM ANY OTHERWISE APPLICABLE LEGAL
13 OBLIGATION TO BE LICENSED AS A REAL ESTATE BROKER PURSUANT TO
14 THE ACT OF FEBRUARY 19, 1980 (P.L.15, NO.9), KNOWN AS THE REAL
15 ESTATE LICENSING AND REGISTRATION ACT, OR TO BE CERTIFIED AS A
16 CERTIFIED STATE REAL ESTATE APPRAISER UNDER THE ACT OF JULY 10,
17 1990 (P.L.404, NO.98), KNOWN AS THE REAL ESTATE APPRAISERS
18 CERTIFICATION ACT.
19 SECTION 7. DISCIPLINARY AND CORRECTION MEASURES.
20 (A) AUTHORITY OF BOARD.--THE BOARD MAY DENY, SUSPEND OR
21 REVOKE CERTIFICATES OR LIMIT, RESTRICT OR REPRIMAND A
22 CERTIFICATEHOLDER FOR ANY OF THE FOLLOWING CAUSES:
23 (1) PROCURING, OR ATTEMPTING TO PROCURE, A CERTIFICATE
24 OR RENEWAL OF A CERTIFICATE PURSUANT TO THIS ACT BY KNOWINGLY
25 MAKING A FALSE STATEMENT, SUBMITTING FALSE INFORMATION OR
26 REFUSING TO PROVIDE COMPLETE INFORMATION IN RESPONSE TO A
27 QUESTION IN AN APPLICATION FOR CERTIFICATION OR RENEWAL.
28 (2) FAILING TO MEET THE MINIMUM QUALIFICATIONS
29 ESTABLISHED BY THIS ACT.
30 (3) PAYING, OR OFFERING TO PAY, ANY VALUABLE
19910S1355B2041 - 14 -
1 CONSIDERATION OTHER THAN PROVIDED FOR BY THIS ACT TO ANY
2 MEMBER OR EMPLOYEE OF THE BOARD TO PROCURE A CERTIFICATE OR
3 RENEWAL OF A CERTIFICATE UNDER THIS ACT.
4 (4) BEING CONVICTED OF OR PLEADING GUILTY TO A CRIME
5 WHICH IS SUBSTANTIALLY RELATED TO THE QUALIFICATIONS,
6 FUNCTIONS AND DUTIES OF A PERSON DEVELOPING REAL PROPERTY
7 ASSESSMENTS.
8 (5) PERFORMING AN ACT OR OMITTING AN ACT WHEN SUCH
9 PERFORMANCE OR OMISSION INVOLVES DISHONESTY, FRAUD OR
10 MISREPRESENTATION WITH INTENT TO SUBSTANTIALLY BENEFIT THE
11 CERTIFICATEHOLDER IN HIS PROFESSION OR WITH THE INTENT TO
12 SUBSTANTIALLY INJURE ANOTHER PERSON.
13 (6) VIOLATING ANY OF THE STANDARDS OF PROFESSIONAL
14 CONDUCT FOR REAL PROPERTY ASSESSMENT AS ADOPTED BY THE BOARD
15 BY REGULATION.
16 (7) FAILING OR REFUSING, WITHOUT GOOD CAUSE, TO EXERCISE
17 REASONABLE DILIGENCE IN DEVELOPING AN ASSESSMENT OR PREPARING
18 AN ASSESSMENT REPORT.
19 (8) NEGLIGENTLY OR INCOMPETENTLY DEVELOPING AN
20 ASSESSMENT OR PREPARING AN ASSESSMENT.
21 (9) WILLFULLY DISREGARDING OR VIOLATING ANY OF THE
22 PROVISIONS OF THIS ACT OR THE REGULATIONS OF THE BOARD FOR
23 THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS
24 ACT.
25 (10) VIOLATING THE CONFIDENTIAL NATURE OF RECORDS TO
26 WHICH THE ASSESSOR GAINED ACCESS THROUGH EMPLOYMENT OR
27 ENGAGEMENT AS AN ASSESSOR.
28 (11) HAVING AN ASSESSOR'S LICENSE OR CERTIFICATE
29 SUSPENDED, REVOKED OR REFUSED OR RECEIVING OTHER DISCIPLINARY
30 ACTION BY A LICENSING OR CERTIFICATION AUTHORITY OF ANOTHER
19910S1355B2041 - 15 -
1 STATE, TERRITORY OR COUNTRY.
2 (B) BOARD ACTION.--WHEN THE BOARD FINDS THAT THE
3 CERTIFICATION OR APPLICATION FOR CERTIFICATION OR RENEWAL OF A
4 PERSON SHOULD BE DENIED, REVOKED, RESTRICTED OR SUSPENDED UNDER
5 THE TERMS OF SUBSECTION (A), THE BOARD MAY:
6 (1) DENY THE APPLICATION FOR CERTIFICATION OR RENEWAL.
7 (2) ADMINISTER A PUBLIC REPRIMAND.
8 (3) REVOKE, SUSPEND, LIMIT OR OTHERWISE RESTRICT A
9 CERTIFICATE AS DETERMINED BY THE BOARD.
10 (4) SUSPEND ENFORCEMENT OF ITS FINDINGS AND PLACE A
11 CERTIFICATEHOLDER ON PROBATION WITH THE RIGHT TO VACATE THE
12 PROBATIONARY ORDER FOR NONCOMPLIANCE.
13 (5) RESTORE A SUSPENDED CERTIFICATION AND IMPOSE ANY
14 DISCIPLINARY OR CORRECTIVE MEASURE WHICH IT MIGHT ORIGINALLY
15 HAVE IMPOSED.
16 SECTION 8. UNLAWFUL PRACTICE.
17 (A) PROHIBITION.--A PERSON MAY NOT PERFORM VALUATIONS OF
18 REAL PROPERTY FOR AD VALOREM TAX PURPOSES, EXCEPT AS PROVIDED BY
19 THE THREE-YEAR GRACE PERIOD UNDER SECTION 4(A), UNLESS THE
20 PERSON IS CURRENTLY CERTIFIED BY THE BOARD AS A CERTIFIED
21 PENNSYLVANIA EVALUATOR.
22 (B) PENALTY.--A PERSON WHO INTENTIONALLY VIOLATES SUBSECTION
23 (A) COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON
24 CONVICTION, BE SENTENCED TO PAY A FINE OF $2,500 OR TO
25 IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
26 (C) INJUNCTION.--A VIOLATION OF SUBSECTION (A) MAY BE
27 ENJOINED BY THE COURTS UPON PETITION OF THE COMMISSIONER OR THE
28 BOARD. IN ANY PROCEEDING UNDER THIS SECTION, IT SHALL NOT BE
29 NECESSARY TO SHOW THAT ANY PERSON IS INDIVIDUALLY INJURED BY THE
30 ACTIONS COMPLAINED OF. IF THE COURT FINDS THAT THE RESPONDENT
19910S1355B2041 - 16 -
1 HAS VIOLATED SUBSECTION (A), IT SHALL ENJOIN HIM OR HER FROM SO
2 PRACTICING OR HOLDING HIMSELF OR HERSELF OUT UNTIL HE OR SHE HAS
3 BEEN DULY CERTIFIED. PROCEDURE IN SUCH CASES SHALL BE THE SAME
4 AS IN ANY OTHER INJUNCTIVE SUIT.
5 (D) REMEDY CUMULATIVE.--THE INJUNCTIVE REMEDY PROVIDED IN
6 THIS SECTION SHALL BE IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL
7 PROSECUTION AND PUNISHMENT.
8 (E) CIVIL PENALTY.--IN ADDITION TO ANY OTHER CIVIL REMEDY OR
9 CRIMINAL PENALTY PROVIDED IN THIS ACT, THE BOARD, BY A VOTE OF
10 THE MAJORITY OF THE MAXIMUM NUMBER OF THE AUTHORIZED MEMBERSHIP
11 OF THE BOARD AS PROVIDED BY LAW OR BY A VOTE OF THE MAJORITY OF
12 THE DULY QUALIFIED AND CONFIRMED MEMBERSHIP OR A MINIMUM OF
13 THREE MEMBERS, WHICHEVER IS GREATER, MAY LEVY A CIVIL PENALTY OF
14 UP TO $1,000 ON ANY CURRENT CERTIFICATEHOLDER WHO VIOLATES ANY
15 PROVISION OF THIS ACT OR ON ANY PERSON WHO HOLDS HIMSELF OR
16 HERSELF OUT AS A CERTIFIED PENNSYLVANIA EVALUATOR OR PERFORMS
17 VALUATIONS OF REAL PROPERTY FOR AD VALOREM TAX PURPOSES FOR
18 WHICH CERTIFICATION AS A CERTIFIED PENNSYLVANIA EVALUATOR IS
19 REQUIRED WITHOUT BEING SO CERTIFIED PURSUANT TO THIS ACT. THE
20 BOARD SHALL LEVY THIS PENALTY ONLY AFTER AFFORDING THE ACCUSED
21 PARTY THE OPPORTUNITY FOR A HEARING, AS PROVIDED IN 2 PA.C.S.
22 (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE).
23 SECTION 9. FEES.
24 THE BOARD SHALL ESTABLISH BY REGULATION SUCH FEES AS IT DEEMS
25 NECESSARY FOR APPLICATIONS, EXAMINATIONS, CERTIFICATIONS AND
26 RENEWALS AUTHORIZED BY THIS ACT OR BY REGULATIONS PROMULGATED BY
27 THE BOARD.
28 SECTION 10. DISPOSITION OF FEES.
29 ALL FEES COLLECTED UNDER THIS ACT SHALL BE DEPOSITED IN THE
30 PROFESSIONAL LICENSURE AUGMENTATION ACCOUNT.
19910S1355B2041 - 17 -
1 SECTION 11. NONAPPLICABILITY.
2 THIS ACT SHALL NOT APPLY TO COUNTIES OF THE FIRST AND SECOND
3 CLASS.
4 SECTION 12. IMPLEMENTATION.
5 IN ORDER TO FACILITATE THE SPEEDY IMPLEMENTATION OF THIS ACT,
6 THE BOARD SHALL HAVE THE POWER AND AUTHORITY TO PROMULGATE,
7 ADOPT AND USE GUIDELINES, INCLUDING THE AUTHORITY TO PRESCRIBE
8 THE EXAMINATION AND OTHER QUALIFICATIONS REQUIRED FOR
9 CERTIFICATION AND RENEWAL UNDER THIS SECTION. SUCH GUIDELINES
10 SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN. THE GUIDELINES
11 SHALL NOT BE SUBJECT TO REVIEW UNDER SECTION 205 OF THE ACT OF
12 JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH
13 DOCUMENTS LAW, SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
14 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS
15 ACT, OR THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE
16 REGULATORY REVIEW ACT, AND SHALL BE EFFECTIVE FOR A PERIOD NOT
17 TO EXCEED TWO YEARS FROM THE EFFECTIVE DATE OF THIS ACT. AFTER
18 THE EXPIRATION OF THE TWO-YEAR PERIOD, THE GUIDELINES SHALL
19 EXPIRE AND SHALL BE REPLACED BY REGULATIONS WHICH SHALL HAVE
20 BEEN PROMULGATED, ADOPTED AND PUBLISHED AS PROVIDED BY LAW.
21 SECTION 13. HOLDERS OF VALID CERTIFICATION.
22 ANY PERSON WHO, ON THE EFFECTIVE DATE OF THIS ACT, HOLDS A
23 VALID CERTIFICATE ISSUED BY THE STATE TAX EQUALIZATION BOARD
24 UNDER THE ACT OF DECEMBER 17, 1986 (P.L.1675, NO.192), KNOWN AS
25 THE ASSESSORS CERTIFICATION ACT, PRIOR TO THE EFFECTIVE DATE OF
26 THIS ACT SHALL ON AND AFTER THE EFFECTIVE DATE OF THIS ACT BE
27 DEEMED TO BE CERTIFIED BY THE STATE BOARD OF CERTIFIED REAL
28 ESTATE APPRAISERS AS PROVIDED IN THIS ACT, PROVIDED THAT SUCH
29 CERTIFICATION SHALL EXPIRE COMMENCING WITH THE 1993 RENEWAL
30 CYCLE ADMINISTERED BY THE BOARD FOR OTHER PROFESSIONAL
19910S1355B2041 - 18 -
1 CERTIFICATION RENEWALS UNLESS RENEWED IN ACCORDANCE WITH THIS
2 ACT.
3 SECTION 14. RATIFICATION OF ACTION.
4 ALL ACTIONS TAKEN BY THE STATE TAX EQUALIZATION BOARD
5 RELATIVE TO THE ADMINISTRATION OF THE PROVISIONS OF THE EXPIRED
6 ACT OF DECEMBER 17, 1986 (P.L.1675, NO.192), KNOWN AS THE
7 ASSESSORS CERTIFICATION ACT, BETWEEN MARCH 17, 1992, AND THE
8 EFFECTIVE DATE OF THIS ACT ARE HEREBY RATIFIED AND VALIDATED.
9 SECTION 15. CONSTRUCTION OF ACT.
10 THIS ACT SHALL BE CONSTRUED AS A CONTINUATION OF THE ACT OF
11 DECEMBER 17, 1986 (P.L.1675, NO.192), KNOWN AS THE ASSESSORS
12 CERTIFICATION ACT.
13 SECTION 16. RETROACTIVITY.
14 THIS ACT SHALL BE RETROACTIVE TO MARCH 17, 1992.
15 SECTION 17. EFFECTIVE DATE.
16 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
I13L72RZ/19910S1355B2041 - 19 -