reglab/housing_qa huggingface dataset:
24 DE Code § 4025. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4025. Owner requirements for appraisal management companies.

§ 4025. Owner requirements for appraisal management companies. (a) An appraisal management company applying for registration may not be owned by a person or have any principal of the company who has had any financial, real estate or mortgage lending industry license or certificate refused, denied, canceled, revoked or voluntarily surrendered in this State or in any other state, unless such license or certificate was subsequently granted or reinstated. This requirement may be waived by appeal and at the discretion of the Council. (b) Each person that owns an appraisal management company in this State shall:  (1) Submit, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:  a. A report of the applicant'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. b. A report of the applicant'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 on Real Estate Appraisers shall be the screening point for the receipt of said federal criminal history records. c. An applicant may not be registered until the applicant's criminal history reports have been produced. An applicant whose record shows a prior criminal conviction may not be registered by the Council unless a waiver is granted pursuant to § 4008(a)(4) of this title. The State Bureau of Identification may release any subsequent criminal history to the Council. (2) Certify to the Council that the person has never had any financial, real estate or mortgage lending industry license or certificate refused, denied, canceled, revoked or voluntarily surrendered in this State or in any other state, unless such license or certificate was subsequently granted or reinstated. This requirement may be waived by appeal and at the discretion of the Council.79 Del. Laws, c. 163, §  2;  82 Del. Laws, c. 88, § 3;
24 DE Code § 4026. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4026. Appraisal management company controlling person.

§ 4026. Appraisal management company controlling person. (a) Each appraisal management company applying to the Council for registration in this State shall designate 1 controlling person that will be the main contact for all communication between the Council and the appraisal management company. (b) To serve as a controlling person of an appraisal management company, a person shall:  (1) Certify to the Council that the person has never had any financial, real estate or mortgage lending industry license or certificate issued by this State, or any other state, refused, denied, canceled, revoked or voluntarily surrendered, unless such license or certificate was subsequently granted or reinstated. This requirement may be waived by appeal and at the discretion of the Council. (2) a. A report of the applicant'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 on Real Estate Appraisers shall be the screening point for the receipt of said federal criminal history records. b. An applicant may not be registered until the applicant's criminal history reports have been produced. An applicant whose record shows a prior criminal conviction may not be registered by the Council unless a waiver is granted pursuant to § 4008(a)(4) of this title. The State Bureau of Identification may release any subsequent criminal history to the Council.79 Del. Laws, c. 163, §  2;
24 DE Code § 4027. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4027. Appraisal management company employees.

§ 4027. Appraisal management company employees. Any employee of an appraisal management company that performs an appraisal review shall have demonstrated knowledge of the Uniform Standards of Professional Appraisal Practice and hold a valid appraiser license or certification in this or any state. 79 Del. Laws, c. 163, §  2;
24 DE Code § 4028. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4028. Agreements with independent appraisers; limitations.

§ 4028. Agreements with independent appraisers; limitations. An appraisal management company registered in this State pursuant to this chapter may not enter into contracts or agreements with an independent appraiser for the performance of real property appraisal services in this State unless that person is licensed or certified in good standing with the Council. 79 Del. Laws, c. 163, §  2;
24 DE Code § 4029. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4029. Biennial certification; renewal.

§ 4029. Biennial certification; renewal. (a) Each appraisal management company registered in this State shall certify to the Council on an biennial basis at the time of renewal, on a form prescribed by the Council and after paying the appropriate fee, that the appraisal management company has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company holds a license or certificate in good standing in this State pursuant to the Council. (b) Each appraisal management company registered in this State shall certify to the Council on a biennial basis, at the time of renewal, that it has a system in place to review the quality of appraisals of all independent appraisers that are performing real property appraisal services for the appraisal management company on a periodic basis to confirm that the real property appraisal services are being conducted in accordance with uniform standards of professional appraisal practice. (c) Each appraisal management company registered shall certify to the Council on a biennial basis, at the time of renewal, that it maintains a detailed record of each service request that it receives and the name of the independent appraiser that performs the real property appraisal services for the appraisal management company. An appraisal management company shall maintain a detailed record for the same time period that an appraiser is required to maintain an appraisal record for the same real property appraisal activity. (d) Each appraisal management company registered shall certify to the Council on a biennial basis, at the time of renewal, that it has a system in place to train those who select individual appraisers for real property services in this State, to ensure that the selectors have appropriate training in placing appraisal assignments. 79 Del. Laws, c. 163, §  2;
24 DE Code § 4030. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4030. Disclosure of fees.

§ 4030. Disclosure of fees. The appraisal management company shall not prohibit the appraiser from reporting in the appraisal report the fee paid to the appraiser. 79 Del. Laws, c. 163, §  2;
24 DE Code § 4031. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4031. Appraiser independence; prohibitions.

§ 4031. Appraiser independence; prohibitions. (a) Any employee, director, officer or agent of an appraisal management company registered pursuant to this chapter shall not influence or attempt to influence the development, reporting or review of an appraisal through coercion, extortion, collusion, compensation, inducement, intimidation, bribery or any other manner, including:  (1) Withholding or threatening to withhold timely payment for an appraisal. (2) Withholding or threatening to withhold future business for an independent appraiser or demoting or terminating, or threatening to demote or terminate, an independent appraiser. (3) Expressly or implicitly promising future business, promotions or increased compensation for an independent appraiser. (4) Conditioning the request for an appraisal service or the payment of an appraisal fee or salary or bonus on the opinion, conclusion or valuation to be reached or on a preliminary estimate or opinion requested from an independent appraiser. (5) Requesting that an independent appraiser provide an estimated, predetermined or desired valuation in an appraisal report or provide estimated values or comparable sales at any time before the independent appraiser's completion of an appraisal service. (6) Providing to an independent appraiser an anticipated, estimated, encouraged or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions may be provided. (7) Providing to an independent appraiser, or any entity or person related to the appraiser, stock or other financial or nonfinancial benefits. (8) Allowing the removal of an independent appraiser from an appraiser panel, without prior written notice to the appraiser. (9) Obtaining, using or paying for a second or subsequent appraisal or ordering an automated valuation model in connection with a mortgage financing transaction, unless such action is required by law or there is a reasonable basis to believe that the initial appraisal was flawed or tainted and the basis is clearly and appropriately noted in the loan file or unless the appraisal or automated valuation model is done pursuant to a bona fide prefunding or postfunding appraisal review or quality control process. (10) Engaging in any other act or practice that impairs or attempts to impair an appraiser's independence, objectivity or impartiality. (b) An appraisal fee offered or paid may not be based on the predetermined appraised value or range of appraised value of the subject property or the amount of the transaction price. (c) Subsections (a) and (b) of this section do not prohibit an appraisal management company from requesting that an independent appraiser either:  (1) Provide additional information about the basis for a valuation. (2) Correct objective factual errors in an appraisal report. (3) Consider additional appropriate property information.79 Del. Laws, c. 163, §  2;
24 DE Code § 4032. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4032. Payment.

§ 4032. Payment. Except in cases of breach of contract or substandard performance of services, each appraisal management company shall make payment to an independent appraiser for the completion of an appraisal or valuation assignment within 45 days after the date on which the independent appraiser transmits or otherwise provides the completed appraisal or valuation study to the appraisal management company or its assignee. 79 Del. Laws, c. 163, §  2;
24 DE Code § 4033. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4033. Appraisal reports; alteration; use.

§ 4033. Appraisal reports; alteration; use. An appraisal management company shall not:  (1) Alter, modify, revise or otherwise change a completed appraisal report submitted by an independent appraiser, including removing the signature of the appraiser. (2) Use an appraisal report submitted by an independent appraiser for any purpose other than the intended use stated in the report.79 Del. Laws, c. 163, §  2;
24 DE Code § 4034. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4034. Removal of appraisers from appraiser panels.

§ 4034. Removal of appraisers from appraiser panels. (a) An appraisal management company shall not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real property appraisal services to an independent appraiser, without notifying the appraiser in writing of the reasons for the appraiser being removed from the appraiser panel of the appraisal management company. (b) An independent appraiser that is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, violation of the Uniform Standards of Professional Appraisal Practice or violation of state licensing standards may file a complaint with the Council for a review of the decision of the appraisal management company, except that in no case shall the Council make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company that is unrelated to the actions specified in subsection (a) of this section. (c) If an independent appraiser files a complaint against an appraisal management company pursuant to subsection (b) of this section, the Council shall adjudicate the complaint within a reasonable time. (d) If after opportunity for a hearing and review, the Council determines that an independent appraiser did not commit a violation of law, a violation of the Uniform Standards of Professional Appraisal Practice or a violation of this chapter, the Council shall order that the appraiser be added to the appraiser panel of the appraisal management company that was the subject of the complaint. The Council shall furnish the appraisal management company with all written documentation and investigation records that support the Council's findings. 79 Del. Laws, c. 163, §  2;  82 Del. Laws, c. 88, § 4;
24 DE Code § 4035. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4035. Enforcement.

§ 4035. Enforcement. The Council may censure an appraisal management company, conditionally or unconditionally suspend or revoke any registration issued under this chapter or impose civil penalties not to exceed $15,000 per violation if, after a hearing, the Council finds that an appraisal management company is attempting to perform, has performed or has attempted to perform any of the following acts:  (1) Committing any act in violation of this chapter. (2) Violating any rule adopted by the Council in the interest of the public and consistent with this chapter. (3) Knowingly making or causing to be made to the Council any false representation of material fact. (4) Suppressing or withholding from the Council any information that the applicant possesses and that, if submitted by the applicant, would have rendered the applicant ineligible to be registered pursuant to rules adopted by the Council. (5) Violating the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989, the act of July 21, 2010 [P. L. 111-203, 124 Stat. 2190].79 Del. Laws, c. 163, §  2;
24 DE Code § 4036. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4036. Disciplinary hearing.

§ 4036. Disciplinary hearing. (a) The Council may conduct disciplinary proceedings in accordance with subchapter III of Chapter 101 of Title 29. (b) The written notice required by subchapter III of Chapter 101 of Title 29 shall be satisfied by personal service on the controlling person of the registrant or the registrant's agent for service of process in this State or by sending the notice by certified mail to the controlling person of the registrant to the registrant's address on file with the Council. 79 Del. Laws, c. 163, §  2;
24 DE Code § 4037. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4037. Rule-making authority.

§ 4037. Rule-making authority. The Council shall adopt rules that are reasonably necessary to implement, administer and enforce this subchapter. 79 Del. Laws, c. 163, §  2;
24 DE Code § 4038. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 40. Real Estate Appraisers|Subchapter IV. Appraisal Management Companies|§ 4038. Effective date.

§ 4038. Effective date. All appraisal management companies operating in this State as of July 1, 2013, must become registered on or before July 1, 2014. 79 Del. Laws, c. 163, §  2;
24 DE Code § 4101. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 41. Home Inspectors|Subchapter I. Board of Home Inspectors|§ 4101. Objectives.

§ 4101. Objectives. (a) The primary objective of the Board of Home Inspectors, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered. (b) The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at informal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensed practitioners. 78 Del. Laws, c. 170, §  1;
24 DE Code § 4102. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 41. Home Inspectors|Subchapter I. Board of Home Inspectors|§ 4102. Definitions.

§ 4102. Definitions. The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:  (1) “Board” shall mean the State Board of Home Inspectors established in this chapter. (2) “Division” shall mean the State Division of Professional Regulation. (3) “Excessive use or abuse of drugs” shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed practitioner, or the abuse of alcoholic beverage such that it impairs the ability to perform the work of a home inspector. (4) “Home” shall mean any residential property, or manufactured or modular home, which is a single-family dwelling, duplex, triplex, quadruplex, condominium unit, or cooperative unit. The term does not include the common areas of condominiums or cooperatives. (5) “Home inspection” shall mean a visual analysis for the purposes of providing a written professional opinion of the condition of a building and its carports and garages, any reasonably accessible installed components and the operation of the building systems, including the controls normally operated by the owner, for the following components of a residential building of 4 units or fewer: heating system; electrical system; cooling system; plumbing system; structural components; foundation; roof covering; exterior and interior components; and site aspects as they affect the building. (6) “Licensed home inspector” shall mean a person, who has met the licensing requirements of this chapter and who holds a current, valid license issued under this chapter. (7) “Person” shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, and any other legal entity and includes a legal successor of those entities. (8) “Personal supervision” shall mean the active oversight by the licensed home inspector of the home inspector trainee. The trainee may assist in the completion of a home inspection report, and may co-sign a home inspection report, provided that the trainee has been under the personal supervision of the licensed home inspector, and provided further that the licensed home inspector shall review and sign the home inspection report and accept total responsibility for said home inspection report. (9) “State” shall mean the State of Delaware. (10) “Substantially related” shall mean the nature of the criminal conduct for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of home inspecting. (11) “Trainee” shall mean a person who has satisfied the requirements as set forth in § 4109 of this title and any requirements as set forth in the rules and regulations as established by the Board.78 Del. Laws, c. 170, §  1;
24 DE Code § 4104. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 41. Home Inspectors|Subchapter I. Board of Home Inspectors|§ 4104. Organization; meetings; officers; quorum.

§ 4104. Organization; meetings; officers; quorum. (a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the chair deems necessary, or, at the request of a majority of Board members. (b) The Board annually shall elect a chair and vice-chair. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms. (c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of at least 3 members of the Board. (d) Minutes of all meetings shall be maintained and the Division shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it. 78 Del. Laws, c. 170, §  1;  70 Del. Laws, c. 186, §  1;
24 DE Code § 4105. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 41. Home Inspectors|Subchapter I. Board of Home Inspectors|§ 4105. Records.

§ 4105. Records. The Division shall keep a register of all approved applications for licensed home inspectors and home inspector trainees, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board's rules and regulations, complaints, hearings, and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board. 78 Del. Laws, c. 170, §  1;
24 DE Code § 4107. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 41. Home Inspectors|Subchapter II. License|§ 4107. License required.

§ 4107. License required. (a) No person, partnership, association, or corporation shall hold himself, herself, or itself out to the public in this State as being qualified to act as a home inspector, or advertise, or engage in the practice of inspecting homes or assume to act as a home inspector, or use in connection with the person's, partnership's, association's or corporation's name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person, partnership, association or corporation is qualified to act as a home inspector, unless such person has been duly licensed under this chapter. (b) Whenever a license to practice as a home inspector in this State has expired or been suspended or revoked, it shall be unlawful for the person to act as a home inspector in this State. (c) No person shall act as a home inspector trainee or hold himself or herself out to be a home inspector trainee unless such person has been duly registered by the Board under this chapter. 78 Del. Laws, c. 170, §  1;  70 Del. Laws, c. 186, §  1;