reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82A — Membership Camping Practices › Section 82A.18 — Enforcement; Penalties And Remedies.

82A.18 ENFORCEMENT; PENALTIES AND REMEDIES.
Subdivision 1.
Civil action.
Whenever the commissioner has reasonable cause to believe that any person has engaged or is about to engage in any act or practice constituting a violation of any provisions of this chapter or any rule or order thereunder, the commissioner may, in addition to all other remedies, institute on behalf of the state of Minnesota a civil action seeking appropriate relief. In addition to all other penalties and remedies provided by this chapter, whether administrative or judicial in nature, the courts of this state shall have jurisdiction to grant such temporary, interlocutory, or permanent injunctive relief as is necessary to prevent and restrain violations of this chapter and may upon a proper showing appoint a receiver for the property, assets, business, and affairs of a membership camping operator.
Subd. 2.
Civil penalty.
Any person who materially or repeatedly violates section 82A.03, 82A.05, 82A.09, 82A.13, or 82A.14 shall be subject to a fine of not more than $1,000 for each violation provided, however, that the total recovery arising from the same failure to comply, but involving different purchasers, shall be limited to $5,000. A fine authorized by this subdivision may be imposed in a civil action brought by the attorney general on behalf of the state of Minnesota, and shall be deposited into the state treasury.
Subd. 3.
[Repealed, 2014 c 222 art 1 s 58]
History:
1985 c 129 s 18; 1986 c 444; 2013 c 135 art 1 s 7
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82A — Membership Camping Practices › Section 82A.19 — Civil Liability.

82A.19 CIVIL LIABILITY.
Subdivision 1.
Generally.
A person who violates any provision of section 82A.05, 82A.13, or 82A.14 or any rule or order thereunder shall be liable to the purchaser who may sue for actual damages caused thereby, for rescission, or other relief as the court may deem appropriate.
Subd. 2.
Joint and several liability.
Every person who materially aids in the act or a violation of section 82A.05, 82A.13, or 82A.14 is also liable jointly and severally with and to the same extent as the person, directly committing the violation unless the person who would otherwise be liable hereunder had no knowledge of or reasonable grounds to know of the existence of the facts by reason of which the liability is alleged to exist.
Subd. 3.
Costs and disbursements.
The prevailing party, in any suit authorized under this section or brought pursuant to section 82A.11, may recover costs and disbursements plus reasonable attorney's fees, in addition to any other relief granted.
Subd. 4.
Remedies additional.
The rights and remedies provided by this chapter shall be in addition to any and all other rights and remedies that may exist at law or in equity.
Subd. 5.
Limitations on actions.
An action shall not be commenced pursuant to this section later than three years from the date the person enters into the contract.
History:
1985 c 129 s 19
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82A — Membership Camping Practices › Section 82A.20 — Rules And Opinions.

82A.20 RULES AND OPINIONS.
Subdivision 1.
Rulemaking power.
The commissioner may adopt rules to carry out the provisions of this chapter. For the purpose of rules and forms, the commissioner may classify membership camping contracts, persons, or matters within the commissioner's jurisdiction, and prescribe different requirements for different classes insofar as they are consistent with this chapter. Rules shall be adopted in accordance with chapter 14, and shall not be inconsistent with the provisions of this chapter.
Subd. 2.
Opinions.
The commissioner, upon request and upon payment of a fee of $50, may honor requests for interpretive opinions relating to this chapter.
History:
1985 c 129 s 20; 1986 c 444
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82A — Membership Camping Practices › Section 82A.21 — Scope.

82A.21 SCOPE.
The provisions of this chapter concerning offers and sales of membership camping contracts apply when an offer or sale is made in this state.
For the purpose of this chapter, an offer or sale is made in this state when a sales presentation is made in this state. An offer or sale is also made in this state, whether or not either party is then present in this state, when:
(1) the offer originates from this state and is intended to induce the offeree to attend a sales presentation in this state; or
(2) the offer is directed by the offeror to this state, received by the offeree in this state and is intended to induce the offeree to attend a sales presentation in this or another state.
An offer or sale is not made in this state when a publisher circulates or there is circulated on the publisher's behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation which is not published in this state, or a radio or television program originating outside this state is received in this state.
History:
1985 c 129 s 21
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82A — Membership Camping Practices › Section 82A.22 — Service Of Process.

82A.22 SERVICE OF PROCESS.
Subdivision 1.
[Repealed, 2014 c 222 art 1 s 58]
Subd. 2.
Appointment of commissioner.
When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter, or any rule or order thereunder, and personal jurisdiction over this person cannot otherwise be obtained in this state, that conduct shall be considered equivalent to the person's appointment of the commissioner or the commissioner's successor to be the person's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the person which grows out of that conduct and which is brought under this chapter or any rule or order thereunder, with the same force and validity as if served on the person personally. Service under this section shall be made in compliance with section 45.028, subdivision 2.
Subd. 3.
[Repealed, 2014 c 222 art 1 s 58]
History:
1985 c 129 s 22; 1986 c 444; 1992 c 564 art 2 s 14,15; 2014 c 222 art 1 s 24
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82A — Membership Camping Practices › Section 82A.23 — Waivers Void.

82A.23 WAIVERS VOID.
Any condition, stipulation, or provision purporting to bind any person acquiring any membership camping contract to waive compliance with any provision of this chapter or any rule or order thereunder is void.
History:
1985 c 129 s 23
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82A — Membership Camping Practices › Section 82A.24 — Administration.

82A.24 ADMINISTRATION.
Subdivision 1.
Generally.
This chapter shall be administered by the commissioner of commerce.
Subd. 2.
Department responsibilities.
It is unlawful for the commissioner or any of the commissioner's officers or employees to use for personal benefit any information which is filed with or obtained by the commissioner and which is not generally available to the public. Nothing in this chapter authorizes the commissioner or any of the commissioner's officers or employees to disclose any confidential information except among themselves or to other administrators or regulatory authorities, or when necessary or appropriate in a proceeding or investigation under this chapter. No provision of this chapter either creates any privilege or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the commissioner or any of the commissioner's officers or employees.
Subd. 3.
Public documents.
All applications and other documents filed with the commissioner under this chapter shall be open to public inspection in accordance with rules prescribed by the commissioner. The commissioner may publish information filed with the commissioner or obtained by the commissioner if, in the judgment of the commissioner, the action is in the public interest.
Subd. 4.
Document filing.
A document is filed when it is received by the commissioner.
Subd. 5.
[Repealed, 2014 c 222 art 1 s 58]
Subd. 6.
Copies.
The commissioner upon request shall furnish to any person at a reasonable charge photostatic or other copies, certified under the seal of office if certification is requested, of any entry in the register or any order or other document on file in the commissioner's office. Any copy so certified is admissible in evidence under section 600.13.
Subd. 7.
Service of orders.
Orders of the commissioner shall be served by mailing a copy by certified mail to the most recent address of the recipient of the order as it appears in the files of the commissioner. Subpoenas shall be served in the same manner as provided in civil actions in the district courts.
History:
1985 c 129 s 24; 1986 c 444; 1987 c 154 s 8,9
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82A — Membership Camping Practices › Section 82A.25 — Criminal Penalties.

82A.25 CRIMINAL PENALTIES.
Any person who willfully violates section 82A.13 or any order of the commissioner pursuant thereto of which that person has notice, may be fined not more than $5,000 or imprisoned not more than five years or both. Each of the acts specified shall constitute a separate offense and a prosecution or conviction for any one of the offenses shall not bar prosecution or conviction for any other offense.
History:
1985 c 129 s 25; 2014 c 222 art 1 s 25
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82A — Membership Camping Practices › Section 82A.26 — Nonapplicability Of Certain Law.

82A.26 NONAPPLICABILITY OF CERTAIN LAW.
Membership camping contracts registered pursuant to this chapter are exempt from the provisions of chapter 83. To the extent that salespersons and licensed brokers engage in the offer or sale of membership camping contracts, those brokers and salespersons are exempt from the licensing requirements of chapter 82.
History:
1985 c 129 s 26; 2014 c 222 art 1 s 26
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.03 — Prohibitions.

82B.03 PROHIBITIONS.
Subdivision 1.
License required.
(a) It is unlawful for a person to act as a real estate appraiser in this state unless licensed under this chapter.
(b) Only persons licensed under this chapter may advertise or represent themselves to be real estate appraisers.
(c) No person, other than a licensed real estate appraiser, may assume or use that title or a title, designation, or abbreviation likely to create the impression of licensure as a real estate appraiser by this state.
Subd. 2.
License not required.
(a) An officer or employee of a corporation, partnership, or other business entity may act as a real estate appraiser without obtaining a license under this chapter if the corporation, partnership, or other business entity in which the person is employed or is an officer has an interest in the real estate that is the subject of the appraisal as owners, lenders, investors, or insurers.
(b) Notwithstanding licensure under this chapter, any appraisal conducted by a person exempt under this subdivision is only subject to the guidelines for real estate appraisal policies and review procedures of the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, the Federal Reserve Board, the Farm Credit Administration, the National Credit Union Administration, or the comptroller of the currency, if the appraisal was conducted only within the scope and purpose of this subdivision.
(c) If a real estate appraisal is made by a person who is exempt from licensing under this subdivision, the person for whom the appraisal is conducted must be given written notice that the appraisal was not conducted by a licensed appraiser, and the appraisal report must clearly state that it was conducted by an interested party and not by a licensed real estate appraiser.
Subd. 3.
Evaluation.
A licensed real estate appraiser may provide an evaluation. When providing an evaluation, a licensed real estate appraiser is not engaged in real estate appraisal activity and is not subject to this chapter. An evaluation by a licensed real estate appraiser under this subdivision must contain a disclosure that the evaluation is not an appraisal.
Subd. 4.
Minimum damage acquisition report.
A real estate appraiser may provide a minimum damage acquisition report for purposes of section 117.036. When providing a minimum damage acquisition report, a real estate appraiser is not engaged in real estate appraisal activity and is not subject to this chapter.
History:
1989 c 341 art 1 s 2; 1993 c 257 s 44; 2021 c 16 s 8; 2022 c 87 s 1
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.035 — Exemption.

82B.035 EXEMPTION.
Subdivision 1.
Market analysis.
This chapter does not apply to a licensed real estate salesperson or broker who, in the ordinary course of the licensee's business, gives a market analysis of the price of real estate, if the market analysis is not referred to or construed as an appraisal.
Subd. 1a.
Broker price opinion.
(a) This chapter does not apply to a licensed real estate salesperson, broker, or real estate appraiser who prepares a broker price opinion in accordance with section 82.735. In connection with the purchase of a consumer's principal dwelling, a broker price opinion may not be used as the primary basis to determine the value of a parcel of property for the purpose of a loan origination of a residential mortgage loan secured by the parcel of property.
(b) An appraiser preparing a broker price opinion shall disclose that the appraiser is not acting as an appraiser in preparing the broker price opinion and that the broker price opinion is not an appraisal or appraisal assignment and, therefore, is not subject to USPAP.
Subd. 2.
Assessors.
Nothing in this chapter shall be construed as requiring the licensing of persons employed and acting in their capacity as assessors for political subdivisions of the state and performing duties enumerated in section 273.061, subdivision 7 or 8.
Subd. 3.
Geologists or engineers.
This chapter does not apply to an appraisal, analysis, opinion, or conclusion as to the value of oil, gas, coal, and other mineral resources performed by an engineer registered as provided in sections 326.02 to 326.15 or by a certified professional geologist, unless the appraisal, analysis, opinion, or conclusion of value is performed in connection with a federally related transaction subject to the requirements of United States Code, title 12, section 3331, et seq., the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Subd. 4.
Department of Revenue.
This chapter does not require persons employed by, or under contract to, the Department of Revenue to be licensed in order to perform, conduct, or assist in, an appraisal done within the scope of their employment or contract duties.
History:
1989 c 341 art 1 s 3; 1993 c 309 s 23; 1993 c 375 art 3 s 1; 2008 c 337 s 64; 2010 c 354 s 1; 2011 c 15 s 6
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.04 — Responsibility For Agents.

82B.04 RESPONSIBILITY FOR AGENTS.
A real estate appraiser is responsible for the acts of persons acting on the appraiser's behalf.
History:
1989 c 341 art 1 s 4
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.07 — Powers Of The Commissioner.

82B.07 POWERS OF THE COMMISSIONER.
The commissioner shall:
(1) receive applications for licenses;
(2) establish the procedures for processing applications for licensing;
(3) issue a license for appraisers;
(4) maintain a registry of the names and addresses of people licensed under this chapter;
(5) keep records and all application materials submitted to the commissioner;
(6) conduct investigations;
(7) deny, revoke, and suspend licenses; and
(8) take other actions necessary to carry out the purposes of this chapter.
History:
1989 c 341 art 1 s 7
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.071 — Records.

82B.071 RECORDS.
Subdivision 1.
Examination of records.
The commissioner may make examinations within or without this state of each real estate appraiser's records at such reasonable time and in such scope as is necessary to enforce the provisions of this chapter.
Subd. 2.
Retention.
Licensees shall keep a separate work file for each appraisal assignment, which is to include copies of all contracts engaging his or her services for the real estate appraisal, appraisal reports, and all data, information, and documentation assembled and formulated by the appraiser to support the appraiser's opinions and conclusions and to show compliance with USPAP, for a period of five years after preparation, or at least two years after final disposition of any judicial proceedings in which the appraiser provided testimony or was the subject of litigation related to the assignment, whichever period expires last. Appropriate work file access and retrieval arrangements must be made between any trainee and supervising appraiser if only one party maintains custody of the work file.
History:
2009 c 178 art 1 s 51
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.072 — Formal Complaints.

82B.072 FORMAL COMPLAINTS.
For the purposes of this chapter, an inquiry alleging noncompliance with this chapter that does not result in a disciplinary action, including any informal disposition of a case or an action pursuant to this chapter or section 45.027, does not constitute a formal complaint under this chapter or section 45.027.
History:
2017 c 37 s 2
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.09 — Fees.

82B.09 FEES.
Subdivision 1.
Amounts.
(a) The following fees must be paid to the commissioner:
(1) $150 for each initial individual real estate appraiser's license; and
(2) $100 for each renewal.
(b) In addition to the fees required under this subdivision, individual real estate appraisers shall pay a technology surcharge of up to $40 under section 45.24, unless the commissioner has adjusted the surcharge as permitted under that section.
Subd. 2.
Forfeiture.
All fees must be kept by the commissioner and are nonreturnable, except that an overpayment of a fee shall be refunded upon proper application.
Subd. 3.
Fees to Appraisal Subcommittee.
In addition to the fees required for licensure under this section, the commissioner must collect and remit such other fees as are required by the Appraisal Subcommittee.
History:
1989 c 341 art 1 s 9; 1992 c 513 art 3 s 29; 1994 c 632 art 4 s 41; 1997 c 200 art 1 s 49; 1Sp2005 c 1 art 4 s 9; 2007 c 57 art 3 s 38; 2009 c 63 s 67; 1Sp2019 c 7 art 10 s 6
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.093 — Trainee Real Property Appraiser.

82B.093 TRAINEE REAL PROPERTY APPRAISER.
(a) A trainee real property appraiser shall be subject to direct supervision by a certified residential real property appraiser or certified general real property appraiser in good standing.
(b) A trainee real property appraiser is permitted to have more than one supervising appraiser.
(c) The scope of practice for the trainee real property appraiser classification is the appraisal of those properties which the supervising appraiser is permitted by his or her current credential and that the supervising appraiser is qualified and competent to appraise.
(d) A trainee real property appraiser must have a supervisor signature on each appraisal that he or she signs, or must be named in the appraisal as providing significant real property appraisal assistance to receive credit for experience hours on his or her experience log.
(e) The trainee real property appraiser must maintain copies of appraisal reports he or she signed or copies of appraisal reports where he or she was named as providing significant real property appraisal assistance.
(f) The trainee real property appraiser must maintain copies of work files relating to appraisal reports he or she signed.
(g) Separate appraisal logs must be maintained for each supervising appraiser.
History:
2009 c 178 art 1 s 53
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.095 — Appraiser Qualification Components.

82B.095 APPRAISER QUALIFICATION COMPONENTS.
Subdivision 1.
[Repealed, 2013 c 135 art 3 s 23]
Subd. 2.
MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15]
Subd. 3.
Conformance to Appraisal Qualifications Board criteria.
(a) The requirements to obtain a trainee real property appraiser, licensed real property appraiser, certified residential real property appraiser, or certified general real property appraiser license are the education, examination, and experience requirements established by the Appraiser Qualifications Board of the Appraisal Foundation and published in the most recent version of the Real Property Appraiser Qualification Criteria.
(b) An applicant must complete the applicable education and experience requirements before taking the required examination.
History:
2005 c 100 s 9; 2006 c 235 s 1; 2013 c 135 art 3 s 11; 1Sp2019 c 7 art 10 s 7
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.105 — Reciprocity.

82B.105 RECIPROCITY.
The education, experience, and examination requirements of this chapter may be waived by the commissioner for individuals of other jurisdictions if: (1) the individual is licensed in another jurisdiction and is listed in good standing on the National Registry maintained by the Appraisal Subcommittee, and (2) the licensing requirements of that jurisdiction are substantially similar to the provisions of this chapter.
History:
2014 c 198 art 1 s 4
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.11 — Classes Of License.

82B.11 CLASSES OF LICENSE.
Subdivision 1.
Generally.
There are five classes of license for real estate appraisers.
Subd. 2.
MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15]
Subd. 2a.
Trainee real property appraiser.
The scope of practice for a trainee real property appraiser is the appraisal of properties which a certified residential real property appraiser or certified general real property appraiser acting as the supervisory appraiser is permitted and competent to appraise.
Subd. 3.
Licensed residential real property appraiser.
A licensed residential real property appraiser may appraise noncomplex residential property or agricultural property having a transaction value less than $1,000,000 and complex residential or agricultural property having a transaction value less than $400,000.
Subd. 4.
Certified residential real property appraiser.
A certified residential real property appraiser may appraise residential property or agricultural property without regard to transaction value or complexity.
Subd. 5.
Certified general real property appraiser.
A certified general real property appraiser may appraise all types of real property.
Subd. 6.
Temporary practice.
(a) The commissioner shall issue a license for temporary practice as a real estate appraiser under subdivision 3, 4, or 5 to a person certified or licensed by another state if:
(1) the appraiser's business is of a temporary nature; and
(2) the appraiser registers with the commissioner to obtain a temporary license before conducting appraisals within the state.
(b) The term of a temporary practice license is the lesser of:
(1) the time required to complete the assignment; or
(2) 12 months.
If more than 12 months are necessary to complete the assignment, a new temporary application and fee is required.
History:
1989 c 341 art 1 s 11; 1991 c 97 s 4; 1992 c 363 art 1 s 3; 1992 c 587 art 4 s 1,2; 1993 c 309 s 25; 2005 c 100 s 11; 2006 c 235 s 2,3; 2011 c 108 s 45; 1Sp2019 c 7 art 10 s 8,9; 1Sp2021 c 4 art 3 s 26
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.13 — Education Prerequisites.

82B.13 EDUCATION PREREQUISITES.
Subdivision 1.
Trainee real property appraiser.
As a prerequisite for licensing as a trainee real property appraiser, an applicant must present evidence satisfactory to the commissioner that the person has successfully completed a six-hour course that is specifically oriented to the requirements and responsibilities of supervisory appraisers and trainee appraisers. A course approved by the commissioner for the purposes of this subdivision must be given the course title "Minnesota Supervisor/Trainee Appraiser Course." This course must not be counted toward qualifying education to upgrade to a higher level appraiser license.
Subd. 1a.
MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15]
Subd. 2.
[Repealed, 1991 c 97 s 17]
Subd. 3.
MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15]
Subd. 4.
MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15]
Subd. 5.
MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15]
Subd. 6.
MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15]
Subd. 7.
MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15]
Subd. 8.
MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15]
History:
1989 c 341 art 1 s 13; 1991 c 97 s 5-7; 1992 c 587 art 4 s 3; 1993 c 309 s 31; 1997 c 222 s 37-39; 2005 c 100 s 12-15; 2006 c 235 s 4-8; 2009 c 63 s 69-71; 2011 c 108 s 46; 2013 c 135 art 3 s 13-17; 2014 c 198 art 1 s 5; 1Sp2019 c 7 art 10 s 10
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.135 — Course Completion Certifications For Real Estate Appraiser License.

82B.135 COURSE COMPLETION CERTIFICATIONS FOR REAL ESTATE APPRAISER LICENSE.
Subdivision 1.
Submitting to commissioner.
An applicant for a real estate appraiser license must submit to the commissioner, along with an application for licensure and in a manner prescribed by the commissioner, evidence that the applicant has completed all required prelicensing education coursework applicable to the class of license sought.
Subd. 2.
Forms.
The real estate appraiser prelicensing education course completion certificate must be on forms provided by the commissioner.
Subd. 3.
Copies to be maintained.
Students are responsible for maintaining copies of course completion certificates.
History:
2009 c 63 s 72; 2014 c 198 art 1 s 6
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.15 — Nonresident Service Of Process.

82B.15 NONRESIDENT SERVICE OF PROCESS.
Subdivision 1.
Appointment of commissioner.
A nonresident, before being licensed as a real estate appraiser, shall appoint the commissioner and a successor or successors in office as true and lawful attorney, upon whom may be served all legal process in an action or proceedings against the person, or in which the person may be a party, in relation to or involving a transaction covered by this chapter or a rule or order under this chapter. The appointment is irrevocable. Service upon the attorney is as valid and binding as if due and personal service had been made upon the person. The appointment is effective upon the issuance of the license in connection with which the appointment was filed.
Subd. 2.
Effect of nonappointment.
The commission of an act constituting a violation of this chapter or rule or order adopted under this chapter by a nonresident person who has not appointed the commissioner as attorney in compliance with subdivision 1, is conclusively considered an irrevocable appointment by the person of the commissioner and a successor or successors in an action or proceedings against the nonresident or in which the nonresident may be a party in relation to or involving the violation. The violation is a signification of agreement that all legal process that is served is as valid and binding upon the nonresident as if due and personal service had been made.
Subd. 3.
Procedure.
Service of process under this section shall be made in compliance with section 45.028, subdivision 2.
History:
1989 c 341 art 1 s 15; 1991 c 97 s 9; 1992 c 564 art 2 s 16
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.16 — Principal Place Of Business And Notice.

82B.16 PRINCIPAL PLACE OF BUSINESS AND NOTICE.
A licensed real estate appraiser shall advise the commissioner of the address of the person's principal place of business and all other addresses at which the person is now engaged in the business of preparing real property appraisal reports.
When a licensed real estate appraiser changes a place of business, the person shall immediately give written notification of the change to the commissioner and apply for an amended license.
A licensed real estate appraiser shall notify the commissioner of the person's current residence address.
History:
1989 c 341 art 1 s 16
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.17 — License Designation.

82B.17 LICENSE DESIGNATION.
When a real estate appraiser uses the designation real estate appraiser or similar terms in an appraisal report or in a contract or other instrument used by the license holder in conducting real property appraisal activities or in advertisements, the appraiser shall place the appraiser's license number adjacent to or immediately below the designation used and indicate the class of license held.
History:
1989 c 341 art 1 s 17; 1991 c 97 s 10; 1992 c 363 art 1 s 4
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.18 — Use Of Term.

82B.18 USE OF TERM.
The term "real estate appraiser" may only be used to refer to individuals who hold a license under this chapter. The term may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group; or in a manner that might cause it to be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the license.
No license may be issued under this chapter to a corporation, partnership, firm, or group. This does not prevent a licensed real estate appraiser from signing an appraisal report on behalf of a corporation, partnership, firm, or group practice.
History:
1989 c 341 art 1 s 18; 1991 c 97 s 11
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.201 — Criminal Penalty.

82B.201 CRIMINAL PENALTY.
A person is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if the person:
(1) violates section 82B.20, subdivision 2, clause (4);
(2) performs unlicensed activities, if a license is required under this chapter; or
(3) violates any order issued by the commissioner related to conduct prohibited by clause (1).
History:
1999 c 137 s 5; 1999 c 209 s 1; 1999 c 223 art 2 s 15,80; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.21 — Classification Of Services.

82B.21 CLASSIFICATION OF SERVICES.
A client or employer may retain or employ a licensed real estate appraiser to act as a disinterested third party in giving an unbiased estimate of value or analysis; to provide a market analysis to facilitate the client's or employer's objectives. The appraisal and the appraisal report must comply with the provisions of this chapter and the uniform standards of professional appraisal practice.
History:
1989 c 341 art 1 s 21; 2002 c 387 s 11; 1Sp2019 c 7 art 10 s 12
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.22 — Contingent Fees.

82B.22 CONTINGENT FEES.
A licensed real estate appraiser may not accept a commission for an appraisal assignment that is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion, or is contingent upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment.
A licensed real estate appraiser who enters into an agreement to perform a market analysis may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services.
If a licensed real estate appraiser enters into an agreement to perform a market analysis for a contingent fee, this fact must be clearly stated in each written and oral report. In each written report, this fact must be clearly stated in a prominent location in the report and also in each letter of transmittal and in the licensing statement made by the appraiser in the report.
History:
1989 c 341 art 1 s 22
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.23 — Federal Certification.

82B.23 FEDERAL CERTIFICATION.
Subdivision 1.
Requirement.
The commissioner shall certify and transmit to the Appraisal Subcommittee established pursuant to the Federal Institutions Reform, Recovery, and Enforcement Act of 1989, Public Law 100-73, the names of those licensees who have satisfied the requirements for certification and licensure established by the Appraisal Subcommittee and to collect and transmit any required fees.
Subd. 2.
Publication of federal certification criteria.
The commissioner shall file the federal certification criteria with the revisor of statutes for publication in Minnesota Rules. The revisor has the same editorial power over these criteria as the revisor has for rules adopted pursuant to chapter 14.
History:
1991 c 97 s 14; 2008 c 344 s 53
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.24 — Private Right Of Action.

82B.24 PRIVATE RIGHT OF ACTION.
Subdivision 1.
Remedies.
Any person injured by a violation of the standards, duties, prohibitions, or requirements of section 82B.20 or 82B.22 shall have a private right of action and the court shall award:
(1) actual, incidental, and consequential damages;
(2) statutory damages of no less than $1,000 nor more than $2,000;
(3) punitive damages if appropriate, and as provided in sections 549.191 and 549.20; and
(4) court costs and reasonable attorney fees.
Subd. 2.
Private attorney general statute.
A person injured by a violation of the standards, duties, prohibitions, or requirements of section 82B.20 or 82B.22 also may bring an action under section 8.31. A private right of action by a borrower under this chapter is in the public interest.
Subd. 3.
Remedies cumulative.
The remedies provided in this section are cumulative and do not restrict any other right or remedy otherwise available to the borrower.
Subd. 4.
Time limitations.
(a) A private right of action must be commenced the earlier of:
(1) six years from the date the appraisal services giving rise to the cause of action were performed or should have been performed;
(2) six years from the date the appraisal giving rise to the cause of action was completed or should have been completed; or
(3) the expiration of any other applicable statute of limitations.
(b) Paragraph (a), clauses (1) and (2), do not apply when the person alleges that an injury occurred due to:
(1) knowing and intentional fraud; or
(2) knowing and intentional misrepresentation during the performance of an appraisal.
History:
2007 c 74 s 6; 2017 c 37 s 5
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82B — Real Estate Appraisers › Section 82B.25 — Valuation Bias.

82B.25 VALUATION BIAS.
Subdivision 1.
Definition.
For the purposes of this section, "valuation bias" means to explicitly, implicitly, or structurally select and apply data to an appraisal methodology or technique in a biased manner that harms a protected class, as defined by the Fair Housing Act of 1968, as amended.
Subd. 2.
Education.
A real property appraiser shall provide to the commissioner evidence of satisfactory completion of a continuing education course on the valuation bias of real property. An appraiser licensed after September 1, 2021, must complete the course required by this section prior to the appraiser's first license renewal.
History:
2021 c 16 s 10; 2022 c 87 s 3
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82C — Appraisal Management Companies › Section 82C.025 — Appraiser Panel; Annual Size Calculation.

82C.025 APPRAISER PANEL; ANNUAL SIZE CALCULATION.
(a) For purposes of determining whether, within a 12-month period, an appraisal management company oversees an appraiser panel of more than 15 Minnesota state-licensed or state-certified real property appraisers employed as independent contractors or 25 or more state-certified or state-licensed appraisers employed as independent contractors in two or more states, the provisions in paragraphs (b) through (e) shall apply.
(b) An appraiser is deemed part of the appraisal management company's appraiser panel as of the earliest date on which the appraisal management company:
(1) accepts the appraiser for the appraisal management company's consideration for future appraisal assignments; or
(2) engages the appraiser to perform one or more appraisals on behalf of a client.
(c) An appraiser who is deemed part of the appraisal management company's appraiser panel pursuant to paragraph (b) of this section is deemed to remain on the panel until the date on which the appraisal management company:
(1) sends written notice to the appraiser removing the appraiser from the appraiser panel, with an explanation of its action; or
(2) receives written notice from the appraiser asking to be removed from the appraiser panel or notice of the death or incapacity of the appraiser.
(d) If an appraiser is removed from an appraisal management company's appraiser panel pursuant to paragraph (c) of this 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 appraisal management company's removal, the removal will be deemed not to have occurred, and the appraiser will be deemed to have been part of the appraisal management company's appraiser panel without interruption.
(e) The period for purposes of counting appraisers on an appraisal management company's appraiser panel is the 12-month period established with which the appraisal management company is required to register.
History:
2016 c 156 s 7
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82C — Appraisal Management Companies › Section 82C.04 — Term Of License.

82C.04 TERM OF LICENSE.
Initial licenses issued under this chapter are valid for a period not to exceed one year. Each initial license must expire on August 31 of the expiration year assigned by the commissioner.
History:
2010 c 347 art 6 s 12
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82C — Appraisal Management Companies › Section 82C.05 — License Renewal.

82C.05 LICENSE RENEWAL.
Subdivision 1.
Term.
Licenses renewed under this chapter are valid for a period of 12 months.
Subd. 2.
Timely renewal.
(a) Application for timely renewal of a license is considered timely filed if received by the commissioner before the date of the license expiration.
(b) An application for renewal is considered properly filed if made upon a form prescribed by the commissioner, accompanied by fees prescribed by this chapter, and containing any information the commissioner requires.
(c) A licensee failing to make timely application for renewal of the license is unlicensed until the renewal license has been issued by the commissioner and is received by the licensee.
Subd. 3.
Contents of renewal application.
Application for the renewal of an existing license must contain the information specified in section 82C.03. However, only the requested information having changed from the most recent prior application need be submitted.
Subd. 4.
Cancellation.
A licensee ceasing an activity or activities regulated by this chapter and desiring to no longer be licensed shall so inform the commissioner in writing and, at the same time, surrender the license and all other symbols or indicia of licensure.
History:
2010 c 347 art 6 s 13
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82C — Appraisal Management Companies › Section 82C.06 — Exemptions.

82C.06 EXEMPTIONS.
This chapter does not apply to:
(1) a person that exclusively employs appraisers on an employer and employee basis for the performance of appraisals, and:
(i) the employer is responsible for ensuring that the appraisals are performed by employees in accordance with USPAP; and
(ii) the employer accepts all liability associated with the performance of the appraisal by the employee;
(2) a department or unit within a financial institution that is subject to direct regulation by an agency of the United States government, or to regulation by an agency of this state, that receives a request for the performance of an appraisal from one employee of the financial institution, and another employee of the same financial institution assigns the request for the appraisal to an appraiser that is an independent contractor to the institution, except that an appraisal management company that is a wholly owned subsidiary of a financial institution is considered a department or unit within a financial institution to which the provisions of this chapter do not apply;
(3) a person that enters into an agreement, whether written or otherwise, with an appraiser for the performance of an appraisal, and upon the completion of the appraisal, the report of the appraiser performing the appraisal is signed by both the appraiser who completed the appraisal and the appraiser who requested the completion of the appraisal, except that an appraisal management company may not avoid the requirements of this chapter by requiring that an employee of the appraisal management company that is an appraiser to sign an appraisal that is completed by an appraiser that is part of the appraisal panel of the appraisal management company;
(4) any governmental agency performing appraisals on behalf of that level of government or any agency performing ad valorem tax appraisals for county assessors; or
(5) an appraisal management company that is a subsidiary owned and controlled by a financial institution regulated by a federal financial institution regulatory agency, except that it must provide the fees and information required to be collected by the commissioner pursuant to section 82C.08, subdivision 2, paragraph (c), for transmission to the Appraisal Subcommittee for the National Registry.
History:
2010 c 347 art 6 s 14; 2020 c 80 art 1 s 20; 2020 c 94 s 2
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82C — Appraisal Management Companies › Section 82C.07 — Consent To Service Of Process.

82C.07 CONSENT TO SERVICE OF PROCESS.
Each entity applying for a license as an appraisal management company in this state shall complete an irrevocable Uniform Consent to Service of Process as prescribed by the commissioner.
History:
2010 c 347 art 6 s 15
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82C — Appraisal Management Companies › Section 82C.08 — Licensing Fees.

82C.08 LICENSING FEES.
Subdivision 1.
Establishment and retention.
Except as provided in subdivision 2, paragraph (c), the fees shall be retained by the commissioner for the sole purpose of administering this licensing and regulation program.
Subd. 2.
Amounts.
(a) Each application for initial licensure shall be accompanied by a fee of $5,000.
(b) Each application for renewal of the license must be received prior to its expiration with the renewal fee of $2,500.
(c) The commissioner must collect from appraisal management companies and federally regulated appraisal management companies operating in Minnesota any fees and information required by the Appraisal Subcommittee for the National Registry. The commissioner must transmit the fees and information collected under this paragraph to the Appraisal Subcommittee.
Subd. 3.
Forfeiture.
All fees are nonrefundable except that an overpayment of a fee must be refunded upon proper application.
History:
2010 c 347 art 6 s 16; 2011 c 108 s 48; 2020 c 94 s 3,4
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82C — Appraisal Management Companies › Section 82C.09 — Investigations And Subpoenas.

82C.09 INVESTIGATIONS AND SUBPOENAS.
The commissioner has under this chapter the same powers with respect to chapter 45.027, including the authority to impose a civil penalty not to exceed $10,000 per violation.
History:
2010 c 347 art 6 s 17
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82C — Appraisal Management Companies › Section 82C.10 — Employee Requirements.

82C.10 EMPLOYEE REQUIREMENTS.
An employee of the appraisal management company that has the responsibility to review the work of employed and independent appraisers where the subject properties are located within this state, which include the reviewer's opinion of value or concurrence with the original appraiser's value, must be licensed according to chapter 82B and perform the review assignments in compliance with USPAP and chapter 82B. This requirement does not apply to employees who review appraisals for completeness and compliance in connection with an appraisal management company's internal quality control processes, but who do not perform appraisal reviews that are subject to Standard 3 of USPAP.
History:
2010 c 347 art 6 s 18
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82C — Appraisal Management Companies › Section 82C.11 — Limitations.

82C.11 LIMITATIONS.
An appraisal management company licensed in this state pursuant to this chapter may enter into contracts or agreements for appraisal assignments in this state only with an employee or independent appraiser holding an active Minnesota real estate appraiser license pursuant to chapter 82B.
History:
2010 c 347 art 6 s 19
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82C — Appraisal Management Companies › Section 82C.12 — Adherence To Standards.

82C.12 ADHERENCE TO STANDARDS.
An appraisal management company must have a system in place to review the work of all employed and independent appraisers that are performing real estate appraisal assignments for the appraisal management company on a periodic basis to verify that the real estate appraisal services are being conducted in accordance with USPAP and chapter 82B. An appraisal management company is required to make referrals directly to state appraiser regulatory authorities when a state licensed or certified appraiser violates USPAP, applicable state law, or engages in other unethical or unprofessional conduct.
History:
2010 c 347 art 6 s 20
2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 82C — Appraisal Management Companies › Section 82C.13 — Record Keeping.

82C.13 RECORD KEEPING.
An appraisal management company must maintain a detailed record of each service request that it receives and the employee appraiser or independent appraiser that performs the appraisal assignment for the appraisal management company.
Records must be kept for a period of at least five years after the appraisal assignment request is sent to the independent appraiser or completion of the appraisal report, whichever period expires later.
History:
2010 c 347 art 6 s 21