reglab/housing_qa huggingface dataset:
GA Code § 43-39A-6 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-6. Seal; Records

  The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words "Real Estate Appraisers Board, State of Georgia" and such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals.   The board shall maintain records so that it may certify the history of appraisers or any person issued an appraisal management company registration under this chapter for a period of up to five years preceding the date of certification. The board may certify the classification history of an appraiser or appraisal management company based on electronic data that it maintains. When that electronic data is derived from a paper record, upon converting the information on the paper record to electronic form and after verification of the electronic record, the board may:   Properly destroy the paper record; or   Retain the paper record for a period of time determined by the board.       (Code 1981, §43-39A-6, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1; Ga. L. 1994, p. 881, § 1; Ga. L. 1996, p. 6, § 43; Ga. L. 1999, p. 715, § 2; Ga. L. 2010, p. 765, § 3/HB 1050.)
GA Code § 43-39A-10 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-10. Wall Certificates and Pocket Cards; Disclosure of Classification and Number

  The board shall prescribe the form of a wall certificate to denote an individual's appraiser classification. The board shall mail the wall certificate to the appraiser whose duty it shall be to display the wall certificate conspicuously in the appraiser's place of business.The board shall also prepare and deliver a pocket card indicating the appraiser classification of the person whose name appears thereon.   An appraiser classification issued under authority of this chapter shall bear a number assigned by the board. The board through its rules and regulations shall establish standards which require appraisers to disclose their appraiser classification and number assigned by the board in all appraisal reports and in all statements of qualifications, contracts, or other instruments used by the appraiser when reference is made to his or her appraiser classification status.   Wall certificates and pocket cards shall remain the property of the board and, upon any suspension or revocation of an appraiser classification pursuant to this chapter, the individual holding the related wall certificate or pocket card shall immediately return such wall certificate or pocket card to the board.     (Code 1981, §43-39A-10, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1.)
GA Code § 43-39A-12 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-12. Disposition of Fees Collected

 Except as provided for in subsection (l) of Code Section 43-39A-11, all fees collected pursuant to this chapter shall be deposited by the board into the state treasury. Out of the funds thus arising shall be paid the expenses contemplated in this chapter for the administration and enforcement of this chapter. All expenditures authorized by the board shall be paid from the funds received pursuant to this chapter. The expenses of the board and its support staff must always be kept within the income collected and deposited in accordance with this chapter; and the expenses thereof shall not be supported or paid from any other state fund or licensing authority.    (Code 1981, §43-39A-12, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1.)
GA Code § 43-39A-13 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-13. Power of Board to Regulate, Discipline, and Establish Standards; Power to Enter Contracts

 The board, through its rules and regulations, shall have the full power to regulate the issuance of appraiser classifications and registrations, to discipline appraisers and appraisal management companies in any manner permitted by this chapter, to establish qualifications for appraiser classifications and registrations consistent with this chapter, to regulate approved courses, to establish standards for real estate appraisals, and to establish standards consistent with this chapter for appraisal management companies operating within the State of Georgia. Except for conducting an investigation as provided in this chapter, the board is authorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, that the board may enter into contracts to assist it in the conduct of investigations authorized by this chapter only whenever it needs special legal or appraisal expertise or other extraordinary circumstances exist. Whenever the board contracts to perform such investigative functions, any such contractor working on an investigation authorized by this chapter shall be under the supervision of the board or a duly authorized representative of the board. Any contractor used by the board shall be knowledgeable in the work area for which such contractor is retained. A contractor shall not be empowered to determine the disposition of any investigation nor to make any discretionary decision that the board is authorized by law to make. Notwithstanding any other provision of law, the board is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the board to retain any funds required by the Constitution to be paid into the state treasury; and provided, further, that the board shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section 45-12-92, prior to expending any such funds.    (Code 1981, §43-39A-13, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1; Ga. L. 1997, p. 405, § 3; Ga. L. 2010, p. 765, § 6/HB 1050; Ga. L. 2019, p. 724, § 5/HB 192.)    The 2019 amendment,  effective July 1, 2019, in this Code section, inserted "and appraisal management companies" near the middle of the first sentence, inserted "that" in the proviso of the second sentence, and inserted "and" at the beginning of the proviso in the last sentence.
GA Code § 43-39A-14.2 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-14.2. Composition of Appraisal Panel

 An appraisal panel may include appraisers who are engaged by or accepted by the appraisal management company for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions.    (Code 1981, §43-39A-14.2, enacted by Ga. L. 2019, p. 724, § 7/HB 192.)
GA Code § 43-39A-14.3 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-14.3. Appraiser as Part of Appraisal Management Company's Appraiser Panel; Term; Removal

  An appraiser shall be deemed part of an appraisal management company's appraiser panel as of the earliest date on which the appraisal management company:   Affirms acceptance of the appraiser for the appraisal management company's consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions; or   Engages the appraiser to perform one or more appraisals on behalf of a creditor for a covered transaction or secondary mortgage market participant in connection with covered transactions.     An appraiser who is deemed part of the appraisal management company's appraiser panel pursuant to subsection (a) of this Code section shall remain on the panel until the date on which the appraisal management company:   Sends written notice to the appraiser removing such appraiser from the appraiser panel, with an explanation of its action; or   Receives written notice from the appraiser requesting to be removed from the appraiser panel or notice of the death or incapacity of the appraiser.     If an appraiser is removed from an appraisal management company's appraiser panel pursuant to subsection (b) of this Code section, but the appraisal management company subsequently accepts the appraiser for consideration for future assignments or engages the appraiser at any time during the 12 months after the removal of such appraiser, such removal shall be deemed not to have occurred and the appraiser shall be deemed to have been part of the appraisal management company's appraiser panel without interruption.   The period for considering appraisers on an appraisal management company's appraiser panel shall be the 12 month period from the date of initial registration or each successive 12 month period thereafter.     (Code 1981, §43-39A-14.3, enacted by Ga. L. 2019, p. 724, § 7/HB 192.)
GA Code § 43-39A-15 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-15. Hearings in Accordance With "Georgia Administrative Procedure act."

  If the board, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to issue an appraiser classification to such applicant, the board shall provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Unless otherwise agreed to by the board, all such hearings shall be held in the county of domicile of the board.   Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the board shall be available solely in the superior court of the county of domicile of the board.     (Code 1981, §43-39A-15, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1; Ga. L. 2000, p. 1527, § 8; Ga. L. 2003, p. 370, § 4.)
GA Code § 43-39A-16 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-16. Notification by Appraiser of Change of Address; Professional Corporations

  If an appraiser changes a residence or place of business address, such appraiser shall notify the board, in writing, within 30 days of such change.   Nothing contained in this chapter shall be deemed to prohibit an appraiser from engaging in the practice of real estate appraisal activity as a professional corporation in accordance with the provisions of Chapter 7 of Title 14, the "Georgia Professional Corporation Act."     (Code 1981, §43-39A-16, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1; Ga. L. 1998, p. 196, § 2.)
GA Code § 43-39A-17 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-17. Civil Actions

  After July 1, 1991, no person engaged in the business of real estate appraisal activity in Georgia or acting in the capacity of an appraiser in Georgia may bring or maintain any action in any court of this state to collect compensation for the performance of real estate appraisal activity for which an appraiser classification is required by this chapter without alleging and proving that such person held a Georgia appraiser classification of the type necessary to perform such appraisal activity at all times during the performance of such services.   The board by and through the commissioner may bring an action for any violation of this chapter.     (Code 1981, §43-39A-17, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1.)
GA Code § 43-39A-18.1 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-18.1. Alternative Disciplinary Procedures; Citations

  It is the intent of the General Assembly to provide the board with disciplinary measures to use as alternatives to the sanctions provided for in subsection (a) of Code Section 43-39A-18. The citation and letter of findings provided for in this Code section shall not be construed as a disciplinary sanction.   Whenever the evidence gathered in an investigation reveals an apparent violation by an appraiser of this chapter, the rules and regulations promulgated by the board, or a standard of conduct, the board, in its discretion, may:   Initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-39A-18 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50;   Issue a citation to the appraiser. Such citation, which shall be served personally or by mail, shall give notice to the appraiser of the alleged violation or violations of this chapter, commission rules, or standard or standards of conduct and inform the appraiser of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the board may include an order to complete a course of study in real estate appraisal or instruction or to pay a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations, with fines for multiple violations limited to $5,000.00 in any one citation, or both. If the appraiser fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of an appraiser to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's classification, after notice and opportunity for a hearing; or   Issue a letter of findings to the appraiser if the alleged violation appears to have done no harm to a third party or to the public. Such letter of findings, which shall be served personally or by mail, shall give notice to the appraiser of the alleged violation or violations of this chapter, commission rules, or standard or standards of conduct. A letter of findings shall be confidential and shall not appear on the classification history of an appraiser. A letter of findings shall not be subject to a subpoena in a civil action, shall not constitute a public record or be available for inspection by the public, and shall not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-39A-22.     The board is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and standards of conduct which may be the basis for the issuance of a citation or a letter of findings.     (Code 1981, §43-39A-18.1, enacted by Ga. L. 1999, p. 715, § 3; Ga. L. 2012, p. 1099, § 6/SB 365.)
GA Code § 43-39A-19 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-19. Use of Title or Terms Denoting Appraiser Classification; Federally Related Transactions; No Issuance of Classification to Business Entity

  No appraiser who holds an appraiser classification may use any title, designation, or abbreviation likely to create the impression that such appraiser holds a different appraiser classification. No appraiser shall describe or refer to any appraisal report or any appraisal or other evaluation of real estate by a term or terms which are likely to create the impression that the appraisal was done by an appraiser with a different appraiser classification than that held by the appraiser performing the appraisal.   If an appraiser does not hold an appraiser classification which permits the performance of a particular appraiser assignment for use in a federally related transaction, the appraiser must include in such appraiser's appraisal report a statement that the appraisal report may not be eligible for use in a federally related transaction.   A term or title denoting an appraiser classification may only be used to refer to individuals who hold such appraiser classification and may not be used following or immediately in connection with the name or signature of a firm, partnership, limited liability company, corporation, or group or in such manner that it might be interpreted as referring to a firm, partnership, limited liability company, corporation, group, or anyone other than an individual holder of the appraiser classification.   No appraiser classification shall be issued under the provisions of this chapter to a corporation, partnership, limited liability company, firm, or group.     (Code 1981, §43-39A-19, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1; Ga. L. 1993, p. 123, § 47.)
GA Code § 43-39A-20 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-20. Use of Appraiser as Disinterested Third Party for Rendering Unbiased Valuation or Analysis; "Specialized Services"; Contingent Fees

  A client or employer may retain or employ an appraiser to act as a disinterested third party in rendering an unbiased valuation or analysis. A client or employer may also retain or employ an appraiser to provide specialized services to facilitate the client's or employer's objectives. In either case, the appraisal and the appraisal report must comply with the provisions of this chapter.   For the purposes of this chapter, the term "specialized services" as defined in Code Section 43-39A-2 means those appraisal services which do not fall within the definition of independent appraisal assignment.The term "specialized services" may include valuation work and analysis work. Regardless of the intention of the client or employer, if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, the work is classified as an independent appraisal assignment and not "specialized services."   An appraiser may not accept a fee for an independent appraisal assignment that is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or is contingent upon the opinion, conclusion, analysis, or valuation reached or upon the consequences resulting from the independent appraisal assignment.   An appraiser who enters into an agreement to perform specialized services may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services.   If an appraiser enters into an agreement to perform specialized services for a contingent fee, this fact shall be clearly stated in each written and oral report.In each written report, this fact shall be clearly stated in a prominent location in such report, in each letter of transmittal, and in the certification statement made by the appraiser in such report.   Any appraiser who performs specialized services for which any other law requires licensure, certification, or registration must first obtain that licensure, certification, or registration before undertaking any such specialized services.     (Code 1981, §43-39A-20, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1.)
GA Code § 43-39A-21 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 39A - Real Estate Appraisers|§ 43-39A-21. Hearings on Imposition of Sanctions Against Appraisers; Judicial Review

  Before the board shall impose on any appraiser or appraisal management company any sanction permitted by this chapter, it shall provide an opportunity for a hearing for such appraiser or appraisal management company in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Unless otherwise agreed to by the board, all such hearings shall be held in the county of domicile of the board.   If any appraiser, appraisal management company, or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such appraiser, appraisal management company, or applicant and take action as if such appraiser, appraisal management company, or applicant had been present. A notice of hearing, initial or proposed decision, or final decision of the board in a disciplinary proceeding shall be served upon the appraiser, appraisal management company, or applicant by personal service or by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is returned marked "unclaimed" or "refused" or is undeliverable and if the appraiser, appraisal management company, or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such appraiser, appraisal management company, or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the appraiser, appraisal management company, or applicant.   Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the board shall be available solely in the superior court of the county of domicile of the board.     (Code 1981, §43-39A-21, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1992, p. 1402, § 1; Ga. L. 2000, p. 1527, § 9; Ga. L. 2000, p. 1589, § 3; Ga. L. 2003, p. 370, § 6; Ga. L. 2010, p. 765, § 8/HB 1050.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (b) is applicable with respect to notices delivered on or after July 1, 2000.