reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 162 - Federally Employed Acupuncturists; Treatment by Physical Therapists

Section 162. Nothing contained in sections one hundred and forty-nine to one hundred and sixty-two, inclusive, shall prohibit any person employed as an acupuncturist by an agency of the federal government from practicing acupuncture while discharging his official duties as such employee. Nothing contained herein shall prevent physical therapists from practicing transcutaneous nerve stimulation, the stimulation of muscle contractions for the purpose of diagnosis or rehabilitation, or other techniques in the context of standard Western Medical Procedure and neither defined as nor held out to be acupuncture. Nothing contained herein shall prevent licensed physicians from practicing acupuncture.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 164a - Allied Mental Health and Human Service Professionals; Applied Behavior Analysis; Practice by Qualified Members of Other Professions or Occupations

Section 164A. Nothing herein shall be construed to prevent qualified members of other professions or occupations including, but not limited to, physicians, psychologists, teachers, occupational therapists, members of the clergy, authorized Christian Science practitioners, attorneys-at-law, social workers, guidance counselors, clinical counselors, adjustment counselors, speech-language pathologists, audiologists, rehabilitation counselors or professional employees meeting the requirements of a public or private school or agency's licensure standards from practicing applied behavior analysis if it is consistent with the accepted standards of their respective professions or to an individual who implements applied behavior analysis services to an individual served in a public or private school setting or service agency licensed or approved by the commonwealth to provide residential, habilitative, vocational or social support services when performed as part of an Individualized Education Program or Individualized Service Plan supervised by a professional employee meeting the requirements of the school or agency's licensure standards; provided, however, that no such physician, psychologist, teacher, occupational therapist, member of the clergy, Christian Science practitioner, attorney-at-law, social worker, guidance counselor, clinical counselor, adjustment counselor, speech-language pathologist, audiologist, rehabilitation counselor, professional employee meeting the requirements of a public or private school or agency's licensure standards or individual who implements applied behavior analysis services to an individual served in a public or private school setting or service agency licensed or approved by the commonwealth to provide residential, habilitative, vocational or social support services when performed as part of an Individualized Education Program or Individualized Service Plan supervised by a professional employee meeting the requirements of a public or private school or agency's licensure standards shall use any title or description stating or implying that such person is a licensed applied behavior analyst or licensed assistant applied behavior analysts without holding such license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 166 - Allied Mental Health and Human Service Professionals; Examinations; Issuance of Licenses Without Examinations

Section 166. The board shall conduct examinations at least twice a year at a time and place designated by the board, in order to determine any applicant's qualifications for the practice of an allied mental health and human services profession.
Examinations may be written or oral as determined by the board. In any written examination each applicant shall be designated so that the name shall not be disclosed to the board until examinations have been graded.
Examinations shall include questions in such theoretical and applied fields as the board deems most suitable to test an applicant's knowledge and competence to engage in the practice of the allied mental health and human services profession in which licensure is sought.
An applicant shall be held to have passed an examination upon affirmative vote of at least five members of the board.
Any individual who fails an examination conducted by the board shall not be admitted to a subsequent examination for a period of at least six months.
The board shall issue a license without examination to the following: (1) an applicant licensed as a professional in a comparable field in another state whose requirements for the license are determined by the board to be equivalent to or exceed the requirements of the commonwealth (2) an applicant who has passed a civil service examination for a position whose title is included in the definition of an allied mental health and human services professional in section one hundred and sixty-three and who has completed six months service in such position with an agency of the commonwealth or its political subdivisions and who meets the requirements of section one hundred and sixty-five; provided, however, that such applicant shall submit an application on forms prescribed by the board and pay the licensure fee therefor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 167 - Allied Mental Health and Human Service Professionals; Temporary Permits

Section 167. The board, at its discretion, may issue a temporary permit, effective for up to one year, to an individual whose application for licensure under this chapter is being processed by the board, or to a person awaiting the opportunity to take the first written examination offered by the board after filing such application.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 168 - Allied Mental Health and Human Service Professionals; License Fees; Renewals

Section 168. A fee, as determined by the commissioner of administration pursuant to section three B of chapter seven shall be paid to the board for the original license. Licenses shall be valid for two years and must be renewed biennially. Any application for renewal of a license which has expired shall require the payment of a re-registration fee.
On or before September thirtieth of the year preceding the expiration of a license, the secretary of the board shall forward to the holder of the license a form of application for renewal thereof. Upon the receipt of the completed form and the renewal fee on or before November thirtieth, the secretary shall issue a new license for the year commencing January first.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 169 - Allied Mental Health and Human Service Professionals; Denial, Revocation or Suspension of Licenses

Section 169. The board, subject to a majority vote of its members, is authorized to deny, revoke or suspend a license granted pursuant to this chapter on the following grounds:
(1) conviction by a court of competent jurisdiction of a crime which the board determines to be of such a nature as to render such person unfit to practice as a mental health and human services professional. Said board shall maintain and publish a list of such crimes;
(2) violation of ethical standards of such a nature as to render such individual unfit to practice as a mental health and human services professional. Said board shall publish and maintain such ethical standards;
(3) fraud or misrepresentation in obtaining a license; or
(4) other just and sufficient cause which renders a person unfit to practice as a mental health and human services professional.
No license may be suspended or revoked for the reasons set forth in the preceding paragraph without prior notice and opportunity for hearing on such suspension or revocation, except that the board may, in its discretion, without prior notice or hearing, suspend for up to one year the license of any individual convicted of a crime as set forth therein. The burden of proof shall be on the board in any proceeding to suspend or revoke a license. No license may be suspended or revoked under this section except by majority vote of the full board, notwithstanding any other provisions.
Any individual may file a complaint with the board seeking denial, suspension or revocation of a license issued or to be issued by the board. Such complaints shall be in a form prescribed by the board and shall be verified under oath by the complainant or his duly authorized agent. If the board determines that a complaint alleges facts which, if true, would require denial, revocation or suspension of a license, it shall promptly conduct a hearing. Whenever said board establishes that a complaint does not state facts which warrant a hearing, such complaint may be dismissed.
Said board shall not hear complaints against any licensed individuals for actions which have occurred in the course of employment by any agency of the commonwealth or its political subdivisions unless such complaint is received by the board subsequent to the dismissal of a licensee by such agency for reasons of moral turpitude or gross negligence; provided, however, that said licensee shall have exhausted all administrative appeals of such dismissal.
Any individual may be permitted to intervene and participate in board hearings on suspension or revocation of a license upon a showing of an interest in such proceeding.
Any individual whose license has been suspended or revoked may apply to the board for vacation of the suspension or reinstatement of the license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 170 - Board of Registration of Allied Mental Health and Human Services Professions Hearings; Subpoena Powers

Section 170. The board shall conduct its proceedings in accordance with the provisions of this chapter and chapter thirty A. Any individual may be heard by the board in person or by an attorney. Every vote and official act of the board shall be entered on the record. All hearings and rule making proceedings shall be open to the public. A stenographic record shall be made of every hearing before the board.
The board shall have subpoena power to require the attendance and testimony of witnesses and the production of all books, papers and documents relating to any matter under investigation. Subpoenas shall be issued by the board upon application by any party to a proceeding before the board and a showing of general relevance and reasonable scope. Witnesses summoned before the board shall be paid the same fees and mileage paid witnesses in courts of the commonwealth. In case of disobedience of a subpoena, the board may apply to the superior court for an order requiring the person subpoenaed to appear before the board and testify and produce books, papers, or documents called for by such subpoena.
One or more board members or a hearing examiner or other officer appointed by the board shall preside at hearings.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 171 - Allied Mental Health and Human Service Professionals; Penalty for Illegal Representation or Practice

Section 171. Any individual not licensed under sections one hundred and sixty-three to one hundred and seventy-two who on March first, nineteen hundred and eighty-nine holds himself out to be or advertises himself as a licensed marriage and family therapist, rehabilitation therapist, educational psychologist, licensed behavior analyst, licensed assistant behavior analyst or mental health counselor in violation of this chapter shall be punished by a fine not exceeding five hundred dollars for the first offense and five hundred dollars for each subsequent offense; provided, however, that the board may also proceed in the superior court to enjoin and restrain any unlicensed individual violating any section of this chapter. The board shall not be required to post bond at any such proceeding.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 172 - Allied Mental Health and Human Service Professionals; Confidential Communications; Waiver

Section 172. Any communication between an allied mental health or human services professional and a client shall be deemed to be confidential. Said privilege shall be subject to waiver only in the following circumstances:
(a) where the allied mental health and human services professional is a party defendant to a civil, criminal or disciplinary action arising from such practice in which case the waiver shall be limited to that action;
(b) where the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to compulsory process and right to present testimony and witnesses in his own behalf;
(c) when the communication reveals the contemplation or commission of a crime or a harmful act; and
(d) where a client agrees to the waiver, or in circumstances where more than one person in a family is receiving therapy, where each such family member agrees to the waiver.
The provisions of this section shall not be construed to prevent third party reimburser from inspecting and copying, in the ordinary course of determining eligibility for or entitlement to benefits, any and all records relating to diagnosis, treatment or other services provided to any person, including a minor or incompetent, for which coverage, benefit or reimbursement is claimed, so long as the policy or certificate under which the claim is made provides that such access to such records is permitted. The provisions of this section shall not be construed to prevent access to any such records pursuant to any peer review or utilization review procedures applied and implemented in good faith.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 174 - Real Estate Appraiser Titles; Certification or Licensing; Opinions

Section 174. A. No person, other than a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser, shall assume or use that respective title or any title, designation, or abbreviation likely to create the impression of certification or licensing as a real estate appraiser by the commonwealth. A person who is not state-certified or state-licensed shall not describe or refer to any appraisal or other evaluation of real estate located in the commonwealth by the term ''certified''; provided, however, that this shall not preclude a person who is not certified as a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser from appraising real estate in connection with non-federally related transactions for compensation.
B. The provisions of sections one hundred and seventy-three to one hundred and ninety-nine, inclusive, shall not apply to a real estate broker or salesperson or to a certified public accountant or business broker who, in the ordinary course of business, gives an opinion of the price of real estate for the purpose of a prospective listing, purchase, sale, or business valuation, provided, however, that such opinion of the price shall not be referred to as an appraisal.
C. The certification and licensing provisions of this chapter shall not apply to transactions exempted from the requirements of Title XI.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 176 - Charging and Collection of Fees by Board of Real Estate Appraisers

Section 176. The board shall charge and collect fees as determined by the commissioner of administration and finance in accordance with the provisions of section three B of chapter seven. The board shall collect such additional fees as are required by the Federal Appraisal Subcommittee pursuant to Title XI and shall transmit such additional fees to the Federal Appraisal Subcommittee on an annual basis or more frequently as required.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 177 - Real Estate Appraisers; Application for Original or Renewal Certification and Licensing and Examination; Forms

Section 177. An application for original certification and licensing, renewal certification and licensing, and examination shall be made in writing to the board on forms approved by the board.
An appropriate fee, as fixed pursuant to section one hundred and seventy-six, shall accompany an application for original certification and licensing, renewal certification and licensing and examination.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 178 - Classification of Real Estate Appraisers; Applications

Section 178. There shall be four classes of real estate appraisers as follows:
(1) The state-certified general real estate appraiser classification, which shall consist of persons meeting the requirements for certification relating to the appraisal of all types of real property and passing a state administered examination, which requirements and examination are, at a minimum, consistent with the requirements and examination of the Appraisal Qualifications Board of the Appraisal Foundation for that category.
(2) The state-certified residential real estate appraiser classification, which shall consist of persons meeting the requirements for certification relating to the appraisal of certain residential real property and passing a state administered examination, which requirements and examination are, at a minimum, consistent with the requirements and examination of the Appraisal Qualifications Board of the Appraisal Foundation for that category.
(3) The state-licensed real estate appraiser classification, which shall consist of persons meeting the requirements established by the board for licensing pursuant to this chapter and passing a state administered examination, which requirements and examination are, at a minimum, consistent with and equivalent to the requirements of Title XI and any guidelines issued thereunder by the Federal Financial Institutions Examination Council or its Federal Appraisal Subcommittee.
(4) Real estate appraisal trainee classification, which shall consist of persons authorized only to assist a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser in the performance of an appraisal assignment. Such real estate appraisal trainee shall obtain a trainee license and shall perform such functions as are consistent with regulations established by the board governing this category of licensure; provided, however, that such regulations are not inconsistent with the requirements of Title XI and any guidelines issued thereunder by the Federal Financial Institutions Examination Council or its Federal Appraisal Subcommittee.
The application for original certification or licensing, renewal certification or licensing and examination shall specify the classification of certification or licensure being applied for and previously granted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 179 - Real Estate Appraisers; Examinations for Original Certification; Requirements

Section 179. An original certification as a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser shall not be issued to any person who has not demonstrated through a written examination process that he possesses the following:
(1) appropriate knowledge of technical terms commonly used in or related to real estate appraising, appraisal report writing, and economic concepts applicable to real estate;
(2) an understanding of the principles of land economics, real estate appraisal processes, and of problems likely to be encountered in gathering, interpreting, and processing data in carrying out appraisal disciplines;
(3) an understanding of the standards for the development and communication of real estate appraisals as provided herein;
(4) knowledge of theories of depreciation, cost estimating, methods of capitalization, and the mathematics of real estate appraisal that are appropriate for the classification of certificate applied for;
(5) knowledge of other principles and procedures as may be appropriate for the respective classifications;
(6) a basic understanding of real estate law; and
(7) understanding of the types of misconduct for which disciplinary proceedings may be initiated against a state-certified or state-licensed real estate appraiser.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 180 - Real Estate Appraisers; Prerequisites for Examination; Transitional Licenses; Trainees; Discrimination

Section 180. A. As a prerequisite to taking the examination for certification as a state-certified general or state-certified residential real estate appraiser, an applicant shall present evidence satisfactory to the board that he meets the education and experience requirements adopted by the board consistent with and equivalent to the qualification standards adopted in accordance with Title XI by the Appraisal Qualifications Board of the Appraisal Foundation.
B. As a prerequisite to taking the examination for licensing as a state-licensed real estate appraiser, an applicant shall present evidence satisfactory to the board that he meets the education and experience requirements adopted by the board consistent with and equivalent to the qualification standards adopted in accordance with Title XI by the Appraisal Qualifications Board of the Appraisal Foundation.
C. Until January first, nineteen hundred and ninety-three, any person who passes the requisite state administered licensing examination but who lacks either the requisite education or requisite experience required for licensing under subdivision B may apply for and receive a transitional license, valid for two years from the date of issuance, and delay satisfaction of the education or experience requirement until expiration of the transitional license. If, by the time of expiration of such transitional license, such person presents evidence satisfactory to the board that he has satisfied the education and experience requirements, a renewal license as a state-licensed real estate appraiser shall be issued to such person. Any transitional license issued pursuant to this section shall indicate its transitional nature, and shall be recorded and reported in the annual report of the board to the Federal Appraisal Subcommittee.
D. No examination shall be required for real estate appraisal trainees.
E. In establishing criteria for state certification or state licensure and in promulgating any other regulations governing the performance of state-certified or state-licensed real estate appraisers, the board shall not discriminate against any person or entity solely by virtue of membership or lack of membership in any particular appraisal organization. The board shall not discriminate against any person or entity offering education courses meeting the curriculum requirements established by the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 181 - Real Estate Appraisers; Two-Year Term for Certificate or License; Date of License Expiration; Trainees

Section 181. The term of a certificate or a license issued by the board, except a transitional license under subdivision C of section 180, shall be 2 years from the date of issuance. Notwithstanding the foregoing, each certificate or license originally issued to an individual, except a transitional license under said subdivision C of said section 180, shall be valid until the anniversary of the date of birth of the licensee next occurring more than 24 months after the date of issuance; or the director of the division of occupational licensure may designate a date other than a birthday for license expiration. A real estate appraisal trainee shall be eligible for renewal of a trainee license for not more than 4 two-year periods after the original term of the license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 182 - Real Estate Appraisers; Nonresident Applicants for Certification or Licensing

Section 182. A. Every applicant for certification or licensing who is not a resident of the commonwealth shall submit, with the application for certification or licensing, an irrevocable consent that service of process upon him may be made by delivery of the process to the state secretary if, in an action against the applicant in a court of the commonwealth arising out of the applicant's activities as a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant.
B. A nonresident of the commonwealth who has complied with the provisions of subdivision A may obtain a certificate as a state-certified general real estate appraiser, state-certified residential real estate appraiser or license as a state-licensed real estate appraiser by conforming to all of the provisions hereof relating to certification or licensing of real estate appraisers, respectively.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 183 - Real Estate Appraisers; Applicants Certified or Licensed Out of State

Section 183. A. If, in the determination of the board, another state is deemed to have substantially equivalent certification or licensing requirements, an applicant who is certified or licensed under the laws of such other state may obtain a certificate as a state-certified general real estate appraiser, state-certified residential real estate appraiser or a license as a state-licensed real estate appraiser in the commonwealth upon such terms and conditions as determined by the board.
B. The board shall recognize on a temporary basis the certification or license of an appraiser issued by another state if (i) the property to be appraised is part of a federally-related transaction; (ii) the appraiser's business is of a temporary nature; and (iii) the appraiser registers with the board and pays the requisite registration fee, which fee shall be reasonable in relation to other fees set by the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 184 - Real Estate Appraisers; Renewal Certificate or License; Continuing Education Requirements; Late Renewal Fee

Section 184. A. To obtain a renewal certificate or license, the holder of a current, valid certificate or license shall make application and pay the prescribed fee to the board not earlier than one hundred and twenty days nor later than thirty days prior to the expiration date of the certificate or license then held. With the application for renewal, the real estate appraiser shall present evidence in the form prescribed by the board of having completed required continuing education requirements.
B. (1) If a person fails to renew a certificate or license as a real estate appraiser prior to its expiration or within a period of extension of up to six months granted by the board, such person may obtain a renewal by satisfying all of the requirements for renewal and by the payment of a late renewal fee and any additional requirements set by the board.
(2) If the applicant satisfies the requirements for renewal during the extended term of certification or licensing, the beginning date of the renewal shall be the day following the expiration of the certificate or license previously held by the applicant.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 185 - Real Estate Appraisers; Business Addresses; Written Notification of Change; Residence Addresses

Section 185. A. Each state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser shall advise the board of the address of his principal place of business and all other addresses at which he is currently engaged in the business of preparing real property appraisal reports.
B. Whenever a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser changes a place of business, he shall immediately give written notification of the change to the board and apply for an amended certificate or license.
C. Every state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser shall notify the board of his current residence address. Residence addresses on file with the board shall be exempt from disclosure as public records unless the residence address is the mailing address.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 186 - Real Estate Appraisers; Certificate or License Number

Section 186. A. Each certificate or license issued hereunder shall bear a certificate or license number assigned by the board.
B. Each state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser shall place his certificate or license number adjacent to or immediately below the title ''State-certified general real estate appraiser'', ''State-certified residential real estate appraiser'' or ''State-licensed real estate appraiser'' when used in an appraisal report or in a contract or other instrument used by the certificate or license holder in conducting appraisal activities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 187 - Real Estate Appraiser Titles; Corporations, Partnerships, Firms or Groups

Section 187. A. The terms ''state-certified general real estate appraiser'', ''state-certified residential real estate appraiser'', and ''state-licensed real estate appraiser'' may only be used to refer to individuals who hold the certificate and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group; or in such manner that it might be interpreted as referring to a firm, partnership corporation, group, or anyone other than an individual holder of the certificate or license.
B. No certificate or license shall be issued under the provisions hereof to a corporation, partnership, firm or group. This shall not be construed to prevent a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser from signing an appraisal report on behalf of a corporation, partnership, firm or group practice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 188 - Real Estate Appraisers; Continuing Education; Regulations; Certificate or License Revocation

Section 188. A. The board shall adopt regulations for implementation of the continuing education provisions of this act to assure that persons renewing their certifications and licenses as real estate appraisers have current knowledge of appropriate appraisal theories, practices, and techniques, which will provide a high degree of service and protection to those members of the public with whom they deal in a professional relationship under authority of the certification or license. The regulations shall prescribe the following:
(1) policies and procedures for obtaining board approval of courses of instruction;
(2) standards, policies and procedures to be applied by the board in evaluating an applicant's claim of equivalency;
(3) standards, monitoring methods, and systems for recording attendance to be employed by a course sponsored as a prerequisite to board approval of courses for credit;
(4) such other requirements or conditions deemed necessary by the board to carry out the provisions of this chapter.
B. No amendment or repeal of a regulation adopted by the board pursuant to this section shall operate to deprive a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser of credit toward renewal of certification or licensing for any course of instruction completed by the applicant prior to the amendment or repeal of the regulation which would have qualified for continuing education credit under the regulation as it existed prior to such repeal or amendment.
C. On and after January first, nineteen hundred and ninety-two, a certification or license as a real estate appraiser that has been revoked as a result of disciplinary action by the board shall not be reinstated unless the applicant presents evidence of completion of the continuing education required by this section and satisfies any other requirements established by the board. This requirement of evidence of continuing education shall not be imposed upon an applicant for reinstatement who has been required to successfully complete the examination for state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser as a condition to reinstatement of certification.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 189 - Acts or Omissions Warranting Suspension or Revocation of Rights of Applicants or Certified or Licensed Real Estate Appraisers

Section 189. The rights of any applicant or holder under a certificate or license as a state-certified or state-licensed real estate appraiser may be revoked or suspended, or the holder of the certificate or license may be otherwise disciplined in accordance with the provisions of this chapter, upon any of the grounds set forth in this section. The board shall upon a written sworn complaint or may upon its own motion investigate the actions of a state-certified or state-licensed real estate appraiser, and may suspend or revoke the rights or otherwise discipline a state-certified or state-licensed real estate appraiser for any of the following acts or omissions:
(1) procuring or attempting to procure a certificate or license by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for certification or licensing or through any form of fraud or misrepresentation;
(2) failing to meet the minimum qualifications established herein;
(3) paying money or other consideration other than provided for by this chapter to any member or employee of the board to procure a certificate or license;
(4) a conviction, including a conviction based upon a plea of guilty or nolo contendere, of a crime which is substantially related to the qualifications, functions, and duties of a person developing appraisals and communicating appraisals to others, or convicted of any felony;
(5) an act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the certificate or license holder or another person or with the intent to substantially injure another person;
(6) violation of any of the standards for the development or communication of appraisals;
(7) failure, or refusal without good cause, to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
(8) negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;
(9) willfully disregarding or violating any of the provisions of this chapter, or the regulations of the board;
(10) accepting an appraisal assignment when such assignment is contingent upon the appraiser reporting a predetermined estimate, analysis or opinion, or where the fee to be paid is contingent upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment;
(11) violating the confidential nature of governmental records to which the appraiser gains access through employment or engagement as an appraiser by a governmental agency; or
(12) entry of a final civil judgment against such appraiser on grounds of fraud, misrepresentation or deceit in the making of any appraisal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 190 - Hearings; Powers of Board of Real Estate Appraisers; Disciplinary Decisions; Review of Questions of Law

Section 190. A. The hearing on any charge or violation of this chapter shall be at a time and place prescribed by the board and shall be conducted in accordance with the provisions of chapter thirty A.
B. The board shall have the power to sue and be sued in its official name as an agency in the commonwealth; to administer oaths; to take testimony and receive evidence concerning all matters within its jurisdiction. In case of disobedience of a subpoena, the board may apply to any court of the commonwealth to require the attendance and testimony of witnesses and the production of documentary evidence. The board, its members and agents, shall be immune from personal liability for actions taken in good faith in the discharge of their responsibilities, and the commonwealth shall hold the board, its members and agents, harmless from all costs, damages and attorneys fees arising from claims and suits against them with respect to matters to which such immunity applies.
C. If the board determines that a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser has violated any of the provisions of this chapter, it shall prepare a finding of fact and recommend that the appraiser be reprimanded or that his certification or license be suspended or revoked. The decision and order of the board shall be final except as provided in subsection D.
D. Any final decision or order of the board shall be reviewable by the superior court as to questions of law only. Any application for review by said court made by an aggrieved party shall be filed within thirty days after the final decision of the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 191 - Real Estate Appraisers Employed as Disinterested Third Parties or Employed to Provide Specialized Services

Section 191. A client or employer may retain or employ a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser to act as a disinterested third party in rendering an unbiased estimate of value or analysis. A client or employer may also retain or employ a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser to provide specialized services to facilitate the client's or employer's objectives. In either case, the appraiser and the appraisal report must comply with the provision hereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 192 - Contingent Real Estate Appraisal Assignments; Contingent Specialized Services Fees

Section 192. A. A state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser shall not accept a fee 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.
B. A state-certified or state-licensed real estate 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.
C. If a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser enters into an agreement to perform specialized services for a contingent fee, this fact shall be clearly stated in each written report of an appraisal. In each written report, this fact shall be clearly stated in a prominent location in such report and also in each letter of transmittal and in the certification statement made by the appraiser in such report.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 193 - Retention of Real Estate Appraisal Contracts for Five Years; Reports and Supporting Data; Litigation; Records Inspection

Section 193. Each state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser shall retain, for at least five years, originals or true copies of all written contracts engaging his services for real property appraisal work and all reports and supporting data assembled and formulated by the appraiser in preparing such reports.
This five year period for retention of records shall be applicable to each engagement of the services of the appraiser and shall commence upon the date of the submittal of the appraisal to the client unless, within such five year period, the appraiser is notified that the appraisal report is involved in litigation, in which event the five year period for the retention of records shall commence upon the date of the final disposition of such litigation.
All records required to be maintained under the provisions of this section shall be made available by the state-certified or state-licensed real estate appraiser for inspection and copying by the board on reasonable notice to the appraiser.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 194 - Real Estate Appraisers; Penalty for Illegal Representation or Practice

Section 194. A. Any person acting or purporting to act as a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser without first obtaining a certificate or license to practice under this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for a term not to exceed six months, or both such fine and punishment. Upon conviction of a subsequent violation, such person shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for a term not to exceed one year, or both such fine and punishment. Charges may be initiated by the attorney general.
B. A person who receives any money or the equivalent thereof as a fee, commission, compensation or profit by, or in consequence of, a violation of any provision of this chapter, shall, in addition to any other penalty, be liable for a penalty of not less than the amount of the sum of money so received and not more than three times the sum so received as may be determined by the court, which penalty may be recovered in a court of competent jurisdiction by any person aggrieved.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 195 - Actions for Fees Brought by Uncertified and Unlicensed Real Estate Appraisers

Section 195. Uncertified and unlicensed persons may not maintain an action for a fee on non-exempted transactions. No action or suit shall be instituted, nor recovery had, in any court of the commonwealth by any person for compensation for any act done or service rendered as a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser, unless such person held a certificate or license to practice under this chapter at the time of offering to perform any act or service as a real estate appraiser or procuring any promise to contract for the payment of compensation for any contemplated act or service as a real estate appraiser.