reglab/housing_qa huggingface dataset:
24 DE Code § 4009. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter II. Certificate or License|§ 4009. Appraiser trainee; requirements of supervision.

§ 4009. Appraiser trainee; requirements of supervision. (a) Persons, who are presented to the Council by a supervising appraiser for registration as an appraiser trainee, shall provide a statement to the Council that the trainee:  (1) Shall perform only those specific functions, which have been delineated in the supervising appraiser's statement; and (2) Shall practice only under the direct supervision of a state-certified appraiser; and (3) Shall identify themselves to the public as a real estate appraisal trainee; and (4) Shall not have been convicted of a crime that is substantially related to the practice of real estate appraisal. However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Council, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(4), if it finds all of the following:  a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.  b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.  c. The applicant is capable of practicing real estate appraisal trainee services in a competent and professional manner. d. The granting of the waiver will not endanger the public health, safety or welfare.  (b) An applicant, who has been registered by the Council as an appraiser trainee, may assist in the completion of an appraisal report, including an opinion of value, and may co-sign an appraisal, provided that the appraiser trainee is actively and personally supervised by a state-certified real estate appraiser. (c) In addition, the supervising state-certified real estate appraiser shall review and sign all appraisals prepared under the supervising state-certified real estate appraiser's supervision by the appraiser trainee and shall accept total responsibility for the appraisal report. (d) The Council in its regulations shall determine the number of appraiser trainees that a supervising appraiser may supervise and the requirements of their supervision. 75 Del. Laws, c. 105, §  3;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 436, §  47;  76 Del. Laws, c. 340, §  5;  77 Del. Laws, c. 199, §  35;  78 Del. Laws, c. 44, §§  68, 69;  82 Del. Laws, c. 9, § 3;
24 DE Code § 4010. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter II. Certificate or License|§ 4010. Temporary license.

§ 4010. Temporary license. (a) A real estate appraiser from another state, who is licensed or certified by the appraiser licensing or certifying agency in such state, may apply for registration to receive temporary licensing or certification privileges in this State by paying all required fees and filing with the Council an application, on a form prescribed by the Council for such purpose, which shall set forth and include:  (1) The applicant's name, address, social security number, and such other information as may be necessary to identify the applicant; and (2) The type of license or certificate held by the applicant and the license or certificate number; (3) The dates of licensure or certification and the expiration date of the applicant's current license or certificate; (4) Whether the license or certificate was issued as a result of passing a licensure or certification examination, by reciprocity, or by some other means; (5) A statement that the person has met the requirements of § 4008(a)(2), (3), (4), and (5) of this title; (6) A statement that the applicant agrees to abide by all appraiser laws and rules of this State and to cooperate with any investigation initiated as provided under this chapter; (7) Identification of the property to be appraised and the anticipated duration of the assignment; and (8) Such other information as may be necessary to determine the applicant's eligibility for temporary appraiser licensing or certification privileges in this State. (b) Licensing and certification privileges granted under the provisions of this section shall expire upon completion of the specific appraisal assignment for which the Council has issued the temporary license or certificate. (c) The Division is empowered to issue a temporary license or certificate to an appraiser from another state, who has documented compliance with the requirements of this section. 75 Del. Laws, c. 105, §  3;  82 Del. Laws, c. 9, § 3;
24 DE Code § 4011. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter II. Certificate or License|§ 4011. Reciprocity.

§ 4011. Reciprocity. (a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Council, the Council shall grant a license to each applicant, who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State. (b) An applicant, who is licensed in a state whose standards are not substantially similar to those of this State, shall have practiced for a minimum of 5 years after licensure; provided however, that the applicant meets all other qualifications for reciprocity in this section. (c) An applicant, who is a graduate of a foreign college or university, and who is not licensed in another state, the District of Columbia, or territory of the United States, shall submit a certified copy of the applicant's college or university record for evaluation by the Council, in addition to fulfilling the applicable requirements for licensure of §§ 4008 and 4009 of this title. 75 Del. Laws, c. 105, §  3;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 163, §  1;
24 DE Code § 4012. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter II. Certificate or License|§ 4012. Fees.

§ 4012. Fees. The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Council, as well as the proportional expenses incurred by the Division in its service on behalf of the Council. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate fees for the licensure biennium. The Division shall charge a biennial fee to licensees and certificate holders for enrollment in the federal roster or registry. 75 Del. Laws, c. 105, §  3;
24 DE Code § 4013. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter II. Certificate or License|§ 4013. Issuance and renewal of licenses and certification.

§ 4013. Issuance and renewal of licenses and certification. (a) The Council shall issue a license to each applicant, who meets all of the requirements of this chapter for licensure or certification as an appraiser and who pays the fee established under § 4012 of this title. (b) Each license or certificate shall be renewed annually, in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Council, and shall meet the requirements of § 4008(a)(2), (3), (4) and (5) of this title. (c) Licensees and certificate holders shall be enrolled in the Federal roster or registry of state-licensed and state-certified real property appraisers. The licensee or certificate holder shall pay the fee established for that purpose biennially to the State. (d) The Council, in its rules and regulations, shall determine the period of time within which a licensed or certified appraiser may still renew that appraiser's license, notwithstanding the fact that such licensee or certificate holder has failed to renew on or before the renewal date. (e) A licensee or certificate holder, upon written request, may be placed in an inactive status in accordance with the Council's rules and regulations. The renewal fee of such person shall be prorated according to the amount of time such person was inactive. Such person may reenter practice upon written notification to the Council of the intent to do so and completion of continuing education as required in the Council's rules and regulations. 75 Del. Laws, c. 105, §  3;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 88, § 2;
24 DE Code § 4015. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter II. Certificate or License|§ 4015. Complaints.

§ 4015. Complaints. (a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. (b) When it is determined that an individual is engaging, or has engaged, in the practice of appraising, or is using the title “appraiser” or other title implying that the individual is competent to act as an “appraiser” and is not licensed or certified under the laws of this State, the Council shall apply to the Office of the Attorney General to issue a cease and desist order. 75 Del. Laws, c. 105, §  3;  70 Del. Laws, c. 186, §  1;
24 DE Code § 4016. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter II. Certificate or License|§ 4016. Disciplinary sanctions.

§ 4016. Disciplinary sanctions. (a) The Council may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 4014 of this title applies to a practitioner regulated by this chapter:  (1) Issue a letter of reprimand. (2) Censure a practitioner. (3) Place a practitioner on probationary status, and require the practitioner to:  a. Report regularly to the Council on the matters, which are the basis of the probation. b. Limit all practice and professional activities to those areas prescribed by the Council. (4) Suspend any practitioner's license or certificate. (5) Revoke any practitioner's license or certificate. (6) Impose a monetary penalty not to exceed $500 for each violation. (b) The Council may withdraw or reduce conditions of probation when it finds that the deficiencies, which required such action, have been remedied. (c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license. 75 Del. Laws, c. 105, §  3;  79 Del. Laws, c. 213, §  2;
24 DE Code § 4016A. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter II. Certificate or License|§ 4016A. Counseling; letters of concern.

§ 4016A. Counseling; letters of concern. (a) If the Council determines after an investigation that a violation of this chapter or of the rules and regulations enacted pursuant to this chapter warranting formal disciplinary action has not occurred, but that an act or omission of the licensee or certificate holder is a matter of concern and that licensee's or certificate holder's practice may be improved if made aware of the concern, the Council may issue a nondisciplinary confidential letter of concern regarding the licensee's or certificate holder's act or omission. (b) If a person licensed under this chapter receives a total of 3 letters of concern pursuant to this section, the Council may reasonably require a formal assessment of professional competency to assess the licensee's or certificate holder's ability in order to protect the health and safety of the public. At such hearing, all of the licensee's or certificate holder's letters of concern may be deemed no longer confidential and may be admitted into evidence. 79 Del. Laws, c. 163, §  1;
24 DE Code § 4017. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter II. Certificate or License|§ 4017. Hearing procedures.

§ 4017. Hearing procedures. (a) If a complaint is filed with the Council pursuant to § 8735 of Title 29, alleging violation of § 4016 of this title, the Council shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. (b) All hearings shall be informal without use of rules of evidence. If the Council finds, by a majority vote of all members, that the complaint has merit, the Council shall take such action permitted under this chapter, as it deems necessary. The Council's decision shall be in writing and shall include its reasons for such decision. The Council's decision shall be mailed immediately to the practitioner. (c) Where the practitioner is in disagreement with the action of the Council, the practitioner may appeal the Council's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29. 75 Del. Laws, c. 105, §  3;  70 Del. Laws, c. 186, §  1;
24 DE Code § 4018. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter II. Certificate or License|§ 4018. Reinstatement of a suspended license; removal from probationary status.

§ 4018. Reinstatement of a suspended license; removal from probationary status. (a) As a condition to reinstatement of a suspended license, or removal from probationary status, the Council may reinstate such license if, after a hearing, the Council is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation. (b) Applicants for reinstatement shall pay the appropriate fees and submit documentation required by the Council as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate. (c) [Repealed.] 75 Del. Laws, c. 105, §  3;  82 Del. Laws, c. 8, § 18;
24 DE Code § 4019. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter III. Other Provisions|§ 4019. Exception.

§ 4019. Exception. (a) This chapter shall not apply to any Delaware licensed real estate salesperson or broker, who prepares a competitive market analysis survey used only for the purpose of listing a property for sale or lease, nor to any individual, who prepares real estate appraisals for the licensee's full-time employer for the employer's internal use only, and which is performed in the regular course of employee's position. (b) Nothing in this chapter shall require a geologist licensed under Chapter 36 of this title to meet the requirements for either certification or licensure, provided that the geologist's written estimate of value is not the sole determinant of a property's value and that any such estimate of value is not used as an appraisal in federally-related transactions. (c) Nothing in the chapter shall require an auctioneer to meet the requirement for either certification or licensure under this chapter, provided that the auctioneer provides only a verbal estimate of sale and not a written appraisal of the value of any real property. (d) This chapter shall not invalidate nor shall it apply to real estate tax assessments or reassessments done for municipal or county governments where such appraisals are done by full-time municipal or county government employees acting in the regular course of business. (e) The Council on Real Estate Appraisers shall develop standards in cooperation with the Delaware Association of Counties and the Executive Director of the League of Local Governments or his or her designee for licensing and training of assessors in order for municipal and county assessment departments to be in compliance within 3 years of the development and adoption of said standards. 75 Del. Laws, c. 105, §  3;  70 Del. Laws, c. 186, §  1;
24 DE Code § 4020. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter III. Other Provisions|§ 4020. Penalty.

§ 4020. Penalty. A person, not currently licensed as an appraiser under this chapter, when guilty of engaging in the practice of appraising, or using in connection with the person's name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the person is qualified to act as an appraiser, such offender shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 or more than $1,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 or more than $2,000 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this chapter. 75 Del. Laws, c. 105, §  3;  70 Del. Laws, c. 186, §  1;
24 DE Code § 4021. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter III. Other Provisions|§ 4021. Criminal background checks of new applicants.

§ 4021. Criminal background checks of new applicants. An applicant for licensure or certification under § 4008 or § 4009 of this title shall submit, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:  (1) A report of the individual's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person. (2) A report of the individual's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Council shall be the screening point for the receipt of said federal criminal history records.79 Del. Laws, c. 163, §  1;
24 DE Code § 4023. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4023. Exemptions from registration.

§ 4023. Exemptions from registration. Nothing in this chapter shall apply to:  (1) An appraisal management company that is a subsidiary owned and controlled by a financial institution that is subject to direct regulation by an agency of the United States government or of this State. (2) A corporation, partnership, sole proprietorship, subsidiary or other business entity that employs real estate appraisers exclusively on an employer and employee basis for the performance of all real property appraisal services in the normal course of its business and that is responsible for ensuring that the real property appraisal services being performed by its employees are being performed in accordance with Uniform Standards of Professional Appraisal Practice and federal and state law.79 Del. Laws, c. 163, §  2;
24 DE Code § 4024. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4024. Registration form for appraisal management companies.

§ 4024. Registration form for appraisal management companies. (a) An applicant for initial and renewal registration as an appraisal management company shall submit to the Council an application on a form prescribed by the Council. (b) An initial registration granted by the Council pursuant to this chapter is valid for 2 years. Registration renewals are renewed biennially. 79 Del. Laws, c. 163, §  2;