reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-11. - Fees and license renewals.

§ 5-20.5-11. Fees and license renewals.
(a)
The following fees shall be charged by the director:
(1)
For each application, a fee of ten dollars ($10.00);
(2)
For each examination, a fee, the cost of which is limited to the charge as designated by the appropriate testing service’s contract with the department of business regulation;
(3)
For each original broker’s license issued, a fee of eighty-five dollars ($85.00) per annum for the term of the license and for each annual renewal of the license, a fee of eighty-five dollars ($85.00) per annum for the term of renewal. The total fees for the term of initial licensure and of renewal must be paid at the time of application for the license;
(4)
For each original salesperson’s license issued, a fee of sixty-five dollars ($65.00) per annum for the term of the license and for each renewal of the license, a fee of sixty-five dollars ($65.00) per annum for the term of the license. The total fees for the term of initial licensure and of renewal must be paid at the time of application for the license;
(5)
For each change from one broker to another broker by a salesperson, or a broker, a fee of twenty-five dollars ($25.00), to be paid by the salesperson or the broker;
(6)
For each broker’s license reinstated after its expiration date, a late fee of one hundred dollars ($100), in addition to the required renewal fee;
(7)
For each salesperson’s license reinstated after its expiration date, a late fee of one hundred dollars ($100) in addition to the required renewal fee.
(b)
Every licensed real estate broker and salesperson who desires to renew a license for the succeeding year term shall apply for the renewal of the license upon a form furnished by the director and containing information that is required by the director. Any renewal of a license is subject to the same provisions covering issuance, suspension, and revocation of any license originally issued. At no time shall any license be renewed without examination if the license has expired beyond a period of one year.
History of Section.
P.L. 1973, ch. 215, § 2; P.L. 1981, ch. 249, § 1; P.L. 1983, ch. 70, § 1; P.L. 1987, ch. 184, § 2; P.L. 1988, ch. 129, art. 17, § 1; P.L. 1990, ch. 65, art. 73, § 1; P.L. 2003, ch. 376, art. 23, § 1; P.L. 2004, ch. 595, art. 30, § 3; P.L. 2011, ch. 102, § 1; P.L. 2011, ch. 113, § 1; P.L. 2015, ch. 82, § 6; P.L. 2015, ch. 105, § 6.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-13. - [Repealed.]

§ 5-20.5-13. [Repealed.]
History of Section.
P.L. 1973, ch. 215, § 2, P.L. 1985, ch. 181, art. 59, § 1; Repealed by P.L. 1999, ch. 149, § 1, effective June 28, 1999.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-16. - Appeals.

§ 5-20.5-16. Appeals.
(a)
The provisions of the administrative procedures act, chapter 35 of title 42, and all amendments and modifications to that act and the rules adopted pursuant to the act, apply to and govern all proceedings for the judicial review of final administrative decisions of the department of business regulation. Any party aggrieved by a final administrative decision of the department may seek review of that decision in the superior court of the county of his or her residence.
(b)
Any person aggrieved has the right of appeal from any adverse ruling, order, or decision of the department of business regulation to a court of competent jurisdiction in the county where the hearing was held within thirty (30) days from the service of notice of the action of the department upon the parties to the hearing.
(c)
Notice of appeal shall be filed in the office of the clerk of the court, which shall issue a writ of certiorari directed to the department of business regulation, commanding it, within fifteen (15) days after service of the writ, to certify to the court its entire record in the matter in which the appeal has been taken. The appeal shall be heard, in due course, by the court, which shall review the record and, after a hearing on the matter, make its determination of the cause.
(d)
A final administrative decision of the department of business regulation shall not become effective until time for appeal has expired. If an appeal is taken, it shall not act as a supersedeas unless the court so directs.
(e)
Any person taking an appeal shall post a bond in the amount of one thousand dollars ($1,000) for the payment of any costs that may be assessed against him or her.
History of Section.
P.L. 1973, ch. 215, § 2; P.L. 1985, ch. 181, art. 59, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-17. - Penalties for violations.

§ 5-20.5-17. Penalties for violations.
(a)
Any person acting as a broker or as a salesperson without first obtaining a license is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for a term not to exceed one year, or both; and if a corporation, is punishable by a fine of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000). Any person upon conviction of a second or subsequent offense is punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by imprisonment for a term not to exceed two (2) years, or both; and if a corporation, by a fine of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000).
(b)
In case any person has received any money, or the equivalent, as a fee, commission, compensation, or profit by or in consequence of a violation of any provision of this chapter, he or she, in addition, is liable to a penalty of not less than the amount of the sum of money received and not more than three (3) times the sum received, as may be determined by the court, which penalty may be recovered in any court of competent jurisdiction by any person aggrieved.
History of Section.
P.L. 1973, ch. 215, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-18. - Department assistance in educational programs.

§ 5-20.5-18. Department assistance in educational programs.
(a)
The department of business regulation is authorized to conduct, hold, or assist in conducting or holding, real estate clinics, meetings, courses, or institutes, and to incur the necessary expenses limited by connection therewith, which are open to all licensees.
(b)
The department is authorized to assist educational institutions within this state in sponsoring studies, research, and programs for the purpose of raising the standards of professional practice in real estate and the competence of licensees in the public interest.
History of Section.
P.L. 1973, ch. 215, § 2; P.L. 1985, ch. 181, art. 59, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-19. - Real estate courses and schools — Regulation — Issue and revocation of permits — Exceptions.

§ 5-20.5-19. Real estate courses and schools — Regulation — Issue and revocation of permits — Exceptions.
(a)
The division of professional regulation is authorized and empowered to formulate rules and regulations relative to the establishment and operation of schools, courses of study, instruction, grades and grading systems, and related matters. The division and the council on postsecondary education have the power at any time to review the curriculum of those courses.
(b)
Any school, individual, or organization that offers or conducts any course or courses of study in real estate, or any course or courses designed or represented to enable or assist non-licensees or applicants for license to pass examinations conducted by the division of professional regulation, shall first obtain a permit from, and subsequently abide by the rules and regulations of, the division covering those schools.
(c)
The division has authority to suspend or revoke the permit of any school, individual, or organization for violation of the provisions of this chapter or of the rules and regulations promulgated pursuant to this chapter. The provisions of this section do not apply to any college or university that has been accredited by any accrediting body approved by the council on postsecondary education.
History of Section.
P.L. 1973, ch. 215, § 2; P.L. 1974, ch. 173, § 1; P.L. 1985, ch. 181, art. 59, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-20. - Real estate school permit — Fees — Penalty for operation without permit prohibited.

§ 5-20.5-20. Real estate school permit — Fees — Penalty for operation without permit prohibited.
(a)
It is unlawful for any school to offer courses or to conduct classes of instruction in real estate subjects without first procuring a permit; or having obtained a permit, to represent that its students are assured of passing examinations given by the division of professional regulation, or to represent that the issuance of a permit is a recommendation or endorsement of the school to which it is issued, or of any course of instruction given by it.
(b)
The application of each school shall be accompanied by a first-year license fee of two hundred fifty dollars ($250) and a further fee of one hundred dollars ($100) multiplied by the remaining term of licensure. If issued, the license is renewable on the payment of a renewal fee assessed at the rate of one hundred fifty dollars ($150) per annum. The total fee for the entire term of initial licensure and renewal shall be paid at the time of application.
(c)
In the event that any person is found guilty of violating this section in the operation of a school, or any rule or regulation adopted pursuant to this section, or attempts to continue to operate as a school after the revocation or during a period of suspension of a permit, he or she is guilty of a misdemeanor.
(d)
The department of business regulation shall promulgate rules and regulations mandating the term of license and the term of renewal of each permit issued. No license shall remain in force for a period in excess of three (3) years.
History of Section.
P.L. 1973, ch. 215, § 2; P.L. 1985, ch. 181, art. 59, § 1; P.L. 1987, ch. 184, § 3; P.L. 2004, ch. 595, art. 30, § 3.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-21. - Actions for recovery of fee or commission.

§ 5-20.5-21. Actions for recovery of fee or commission.
Except as provided in this chapter, no person shall maintain an action in any court of this state for the recovery of a commission, fee, or compensation for any act done, the doing of which is prohibited under this chapter to other than licensed brokers, unless that person was licensed under this chapter as a broker at the time of the doing of the act.
History of Section.
P.L. 1973, ch. 215, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-22. - Severability.

§ 5-20.5-22. Severability.
If any provision of this chapter is held invalid, that provision is deemed to be excised from this chapter and its invalidity does not affect any of the other provisions of this chapter. If the application of any provision of this chapter to any person or circumstance is held invalid, it does not affect the application of that provision to those persons or circumstances other than those to which it is held invalid.
History of Section.
P.L. 1973, ch. 215, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-23. - [Repealed.]

§ 5-20.5-23. [Repealed.]
History of Section.
P.L. 1989, ch. 343, § 1; Repealed by P.L. 1992, ch. 425, § 5, effective June 1, 1993.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-24. - [Repealed.]

§ 5-20.5-24. [Repealed.]
History of Section.
P.L. 1990, ch. 257, § 1; Repealed by P.L. 2011, ch. 102, § 2, effective June 22, 2011; P.L. 2011, ch. 113, § 1, effective June 27, 2011.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-25. - Errors and omissions insurance required of real estate licensees.

§ 5-20.5-25. Errors and omissions insurance required of real estate licensees.
(a)
All holders of real estate brokers’ and salespersons’ licenses issued by the state department of business regulation shall, as a condition of retaining that license, carry and maintain errors and omissions insurance covering all business activities contemplated.
(b)
Licensees shall obtain errors and omissions insurance independently. The coverage contained in the policy shall comply with the minimum requirements established by the department of business regulation.
(c)
The department of business regulation shall determine the terms and conditions of coverage mandated under this section, including, but not limited to, the minimum limits of coverage; the permissible deductible; and permissible exemptions. The department of business regulation shall seek the assistance of the real estate commission as to the terms and conditions of coverage.
(d)
A certificate of coverage must be filed with the department of business regulation by the annual license renewal date by each licensee.
History of Section.
P.L. 1990, ch. 412, § 1; P.L. 1993, ch. 66, § 1; P.L. 2000, ch. 202, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-27. - License required for ownership.

§ 5-20.5-27. License required for ownership.
No person, firm, or corporation shall have an ownership interest in a real estate brokerage firm nor participate in the operation of the real estate brokerage firm unless the person, firm, or corporation holds a valid real estate broker’s license, issued pursuant to the provisions of this chapter.
History of Section.
P.L. 1998, ch. 115, § 2; P.L. 2011, ch. 102, § 1; P.L. 2011, ch. 113, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.5 - Real Estate Brokers and Salespersons › Section 5-20.5-28. - Order to cease unsafe practices — Appeal.

§ 5-20.5-28. Order to cease unsafe practices — Appeal.
If the department of business regulation has reason to believe that any person, firm, corporation, or association is conducting any activities requiring licensure under this chapter without obtaining a license, or who after the denial, suspension, or revocation of a license conducts any activities requiring licensure under this chapter, the department may issue its order to that person, firm, corporation, or association commanding them to appear before the department at a hearing to be held not sooner than ten (10) days nor later than twenty (20) days after issuance of that order to show cause why the department should not issue an order to that person to cease and desist from the violation of the provisions of this chapter. The order to show cause may be served on any person, firm, corporation, or association named in the order in the same manner that a summons in a civil action may be served, or by mailing a copy of the order, certified mail, return receipt requested, to that person at any address at which he or she has done business or at which he or she lives. If upon that hearing the department is satisfied that the person is in fact violating any provision of this chapter, then the department may order that person, in writing, to cease and desist from that violation. All hearings shall be governed in accordance with the administrative procedures act, chapter 35 of title 42. If that person fails to comply with an order of the department after being afforded a hearing, the superior court in the county where the land or real estate is located has jurisdiction upon complaint of the department to restrain and enjoin that person from violating this chapter.
History of Section.
P.L. 1999, ch. 183, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.6 - Relationships in Residential Real Estate Transactions › Section 5-20.6-1. - Legislative purpose.

§ 5-20.6-1. Legislative purpose.
(a)
The way that consumers buy, sell, rent, exchange, and otherwise transfer real estate has changed over the years. The purpose of this legislation is to provide consumers with choice.
(b)
This chapter is intended to abrogate the common law of agency relative to relationships in regulated real estate transactions to the extent that they are inconsistent with this chapter.
(c)
Unless otherwise specified by written agreement, a licensee owes only those duties and obligations set forth under this chapter, chapter 20.5 of this title, and the regulations promulgated thereunder. A licensee does not owe a fiduciary duty under the common law of agency to his or her clients and is not subject to equitable remedies for breach of fiduciary duty.
(d)
Nothing in this chapter shall prohibit a principal broker and his or her affiliated licensees from entering into a written representation contract with a buyer, seller, tenant, or landlord that creates a relationship in which the duties and obligations are greater than those provided in this chapter.
History of Section.
P.L. 1989, ch. 141, § 2; P.L. 1990, ch. 425, § 2; P.L. 2007, ch. 344, § 1; P.L. 2007, ch. 403, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.6 - Relationships in Residential Real Estate Transactions › Section 5-20.6-3. - Relationships — Creation and presumption.

§ 5-20.6-3. Relationships — Creation and presumption.
(a)
It shall be presumed that all licensees in a real estate transaction are transaction facilitators unless the licensee obtains the informed, written consent of a buyer, seller, tenant, or landlord with an executed mandatory relationship disclosure to represent that person as a designated client representative.
(b)
The provisions of this chapter are expressly intended to abrogate the common law of agency; no type of agency representation shall be assumed by a brokerage, principal broker, licensee, buyer, seller, tenant, or landlord nor shall agency representation be created by implication.
(c) Types of relationships.
The following types of relationships are recognized:
(1)
Assistance as a transaction facilitator to assist one or more customers; and
(2)
Representation of a buyer, seller, tenant, or landlord as a designated client representative.
History of Section.
P.L. 1989, ch. 141, § 2; P.L. 1990, ch. 425, § 2; P.L. 2007, ch. 344, § 1; P.L. 2007, ch. 403, § 1; P.L. 2013, ch. 27, § 2; P.L. 2013, ch. 38, § 2; P.L. 2014, ch. 528, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.6 - Relationships in Residential Real Estate Transactions › Section 5-20.6-4. - Duties owed by a transaction facilitator to a customer.

§ 5-20.6-4. Duties owed by a transaction facilitator to a customer.
(a)
A transaction facilitator owes the following duties to a customer:
(1)
To perform agreed-upon ministerial acts timely and competently;
(2)
To perform these acts with honesty, good faith, reasonable skill, and care;
(3)
To properly account for money or property placed in the care and responsibility of the principal broker; and
(4)
To protect confidential information when assisting customers as a dual facilitator.
(b)
A licensee acting as a transaction facilitator does not owe any fiduciary duties to a customer except those duties specified in subsection (a).
History of Section.
P.L. 1989, ch. 141 § 2; P.L. 1990, ch. 425, § 2; P.L. 1993, ch. 397, § 1; P.L. 2007, ch. 344, § 1; P.L. 2007, ch. 403, § 1; P.L. 2013, ch. 27, § 2; P.L. 2013, ch. 38, § 2; P.L. 2014, ch. 528, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.6 - Relationships in Residential Real Estate Transactions › Section 5-20.6-7. - Duty to protect confidential information.

§ 5-20.6-7. Duty to protect confidential information.
(a)
Unless otherwise authorized in subsection (b), a licensee may not disclose the confidential information of: (i) A client, in the case of a designated client representative; or (ii) A customer, in the case of a dual facilitator or transaction coordinator; or (iii) Any represented party, in the case of an affiliated licensee who is not appointed a designated client representative, without the client or customer’s consent.
(b)
A licensee may disclose confidential information that is a matter of general knowledge or a part of a public record or file to which access is authorized, or when necessary to defend the licensee against a claim brought by the client, or is otherwise subject to disclosure by law.
(c)
A principal broker shall implement reasonable procedures to protect the confidential information of all clients of designated client representatives and, as required by this chapter, to protect the confidential information of customers of transaction facilitators. A designated client representative shall have no duty to protect confidential information of a party not a client unless the confidential information of the party was previously acquired by the designated client representative as a result of a prior client or transaction facilitator relationship with the party.
History of Section.
P.L. 1989, ch. 141, § 2; P.L. 1990, ch. 425, § 2; P.L. 2007, ch. 344, § 1; P.L. 2007, ch. 403, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.6 - Relationships in Residential Real Estate Transactions › Section 5-20.6-9. - Written requirement for representation of a client.

§ 5-20.6-9. Written requirement for representation of a client.
(a)
A licensee shall not act as a designated client representative until the licensee has complied with § 5-20.6-8.
(b)
Each principal broker shall keep a receipt of the executed, mandatory relationship disclosure in accordance with § 5-20.5-8(b).
History of Section.
P.L. 2007, ch. 344, § 2; P.L. 2007, ch. 403, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.6 - Relationships in Residential Real Estate Transactions › Section 5-20.6-10. - Client representation contract — Minimum requirements.

§ 5-20.6-10. Client representation contract — Minimum requirements.
If a seller, buyer, landlord, or tenant and principal broker elect to enter into a client representation contract, the contract shall meet the following requirements:
(1)
Be an express, written contract;
(2)
Include terms of compensation;
(3)
Describe all services and limitations on services to be performed by the principal broker and his or her affiliated licensees;
(4)
State that a principal broker may appoint one or more affiliated licensees to act as the designated client representative(s) for a seller or landlord and one or more affiliated licensees to act as the designated client representative(s) for a buyer or tenant in the same transaction after a licensee has obtained consent from the client being represented; and
(5)
Be signed by all parties.
History of Section.
P.L. 2007, ch. 344, § 2; P.L. 2007, ch. 403, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.6 - Relationships in Residential Real Estate Transactions › Section 5-20.6-11. - Relationship and compensation.

§ 5-20.6-11. Relationship and compensation.
The payment or promise of payment or compensation to a licensee does not create an agency relationship between any licensee and buyer, seller, tenant, or landlord.
History of Section.
P.L. 2007, ch. 344, § 2; P.L. 2007, ch. 403, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.6 - Relationships in Residential Real Estate Transactions › Section 5-20.6-12. - Rules and regulations.

§ 5-20.6-12. Rules and regulations.
The director shall issue reasonable rules and regulations with the consent of the majority of the Rhode Island real estate commission governing the relationships of licensed real estate brokers and salespersons. These rules and regulations shall be designed to implement the laws and policies of this state and to protect the interests of the public.
History of Section.
P.L. 2007, ch. 344, § 2; P.L. 2007, ch. 403, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.6 - Relationships in Residential Real Estate Transactions › Section 5-20.6-13. - Penalty for violation.

§ 5-20.6-13. Penalty for violation.
(a)
Each violation of this chapter by a licensee shall constitute a violation of law pursuant to chapter 20.5 of this title and the regulations promulgated thereunder and may subject the licensee to disciplinary action.
(b)
Failure to provide the mandatory relationship disclosure in accordance with § 5-20.6-8 does not void the sales agreement nor create any defect in title.
History of Section.
P.L. 2007, ch. 344, § 2; P.L. 2007, ch. 403, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-1. - Short title.

§ 5-20.7-1. Short title.
This chapter shall be known and may be cited as the “Rhode Island Real Estate Appraiser Certification Act.”
History of Section.
P.L. 1990, ch. 424, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-3. - Certification or license required.

§ 5-20.7-3. Certification or license required.
(a)
No person, other than persons certified or licensed in accordance with the provisions of this chapter, shall assume or use that title or any title, designation, or abbreviation likely to create the impression of certification as a real estate appraiser by this state. A person who is not certified or licensed pursuant to this chapter shall not describe or refer to any appraisal or other valuation of real estate located in the state by the term “certified or licensed.”
(b)
This chapter precludes any person who is not certified as a state-certified real estate appraiser from appraising real property for compensation under chapter 20.5 of this title; provided, however, that this chapter does not preclude any person who holds a license pursuant to chapter 20.5 of this title and, in the ordinary course of business, from giving a written or oral opinion of value of real estate for the purposes of a prospective listing, purchase, sale, or business valuation; provided, however, that such opinion of value shall not be referred to as an appraisal.
(c)
Nothing in this chapter shall preclude a trainee directly supervised by a certified appraiser from assisting in or preparing an appraisal report and signing such appraisal provided the appraisal is approved and signed by a certified appraiser as appropriate.
(d)
[Deleted by P.L. 2023, ch. 163, § 1 and P.L. 2023, ch. 164, § 1.]
(e)
Any appraisal, as defined in § 5-20.7-2, must be performed by a licensed or certified appraiser unless specifically exempted by federal law for federally insured institutions.
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1994, ch. 266, § 2; P.L. 1997, ch. 295, § 1; P.L. 2006, ch. 217, § 1; P.L. 2006, ch. 357, § 1; P.L. 2009, ch. 310, § 29; P.L. 2023, ch. 163, § 1, effective June 20, 2023; P.L. 2023, ch. 164, § 1, effective June 20, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-5. - Powers of the board.

§ 5-20.7-5. Powers of the board.
The board shall:
(1)
Establish criteria, standards, and requirements for the certifying and licensing of real estate appraisers, including, but not limited to, educational criteria, experience criteria, and examination requirements for certifying, licensing, and recertifying.
(2)
Establish administrative procedures for disciplinary proceedings conducted pursuant to the provisions of this chapter and the board shall censure, suspend, and revoke certificates pursuant to the disciplinary proceedings established by the board.
(3)
Have a policy-making role in the preparation and composition of the examinations to be administered by the department or its designee. Subsequent to the administration of the examination, the board shall review the examinations to evaluate their effectiveness.
(4)
Supervise the operations in the department in an advisory capacity and promulgate any policy, procedures, and rules that are necessary to improve the operations of the department in their areas of expertise and to implement this chapter. The promulgation of those policies is subject to the approval of the director of the department.
(5)
Provide any advisory opinions to the department that are necessary for the implementation of this chapter, title XI of the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C. § 3331 et seq., as may be amended from time to time and with the federal regulatory standards promulgated thereunder, as well as any other standards of expertise and certification deemed appropriate by the board.
(6)
[Deleted by P.L. 2014, ch. 92, § 2, and by P.L. 2014, ch. 93, § 2].
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1991, ch. 294, § 1; P.L. 1992, ch. 275, § 1; P.L. 2014, ch. 92, § 2; P.L. 2014, ch. 93, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-6. - Powers of the department.

§ 5-20.7-6. Powers of the department.
(a)
The department shall have the following powers and duties:
(1)
Establish within the department an independent section named the real estate appraisers section, which shall operate independent of the real estate section;
(2)
Establish the examination specifications for certification and licensing of each category of state-certified and licensed real estate appraiser consistent with the advice of the board and establish procedures for grading examinations;
(3)
Administer the standards for education and experience as established by the board as a prerequisite to examination and recertification as specified in this chapter;
(4)
Administer the approval or disapproval of applications for certification and licensing and issue certificates;
(5)
Administer the approval or disapproval of applications for the renewal of certificates;
(6)
Establish any rules and regulations that are necessary for the implementation of this chapter, title XI of the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C. § 3331 et seq., as may be amended from time to time, and with the federal regulatory standards promulgated thereunder;
(7)
Receive applications for state certification and licensing and establish administrative procedures for the processing of those applications;
(8)
Maintain a registry of names and addresses of individuals certified and licensed under this chapter and retain all records and all application materials submitted to the department pursuant to the certification and licensing process established by the department; and
(9)
Assist the board, from time to time, in any other manner that the board requests.
(b)
The department, pursuant to the provisions of this chapter, shall employ any administrative personnel and employees who are necessary and proper to discharge the duties imposed by this chapter and determine and prescribe their duties and fix their compensation subject to the general laws of this state.
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1991, ch. 294, § 1; P.L. 1992, ch. 275, § 1; P.L. 2014, ch. 92, § 2; P.L. 2014, ch. 93, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-7. - Examination requirements.

§ 5-20.7-7. Examination requirements.
An original certification as a state-certified or licensed real estate appraiser shall not be issued to any person unless that individual has achieved a passing grade upon a suitable written examination that is consistent with and equivalent to the uniform state certification or licensing examination issued or endorsed by the appraisal qualification board of the Appraisal Foundation. The written examination shall determine that the candidate for state-certified or licensed real estate appraiser 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)
Understanding of the principles of land economics, real estate appraisal processes, and of problems likely to be encountered in gathering, interpreting, and processing of data in carrying out appraisal disciplines;
(3)
Understanding of the standards for development and communicating of real estate appraisals as provided in this chapter;
(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 are appropriate for the respective classifications;
(6)
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 licensed real estate appraiser, as set forth in this chapter.
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1992, ch. 275, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-8. - Classes of certification and licensing — Residential and general.

§ 5-20.7-8. Classes of certification and licensing — Residential and general.
(a)
There are two (2) classes for state-certified real estate appraisers and two (2) classes of licensed real estate appraisers.
(b)
State-certified appraisers.
(1)
A state-certified residential real estate appraiser is a person who fulfills the requirements for certification for the appraisal of residential real property as required by the Appraiser Qualifications Board of the Appraisal Foundation.
(2)
A state-certified general real estate appraiser is a person who fulfills the requirements for certification for the appraisal of all types of real property.
(c)
State-licensed appraisers.
(1)
A state-licensed appraiser is a person who fulfills the requirements for licensing for the appraisal of residential property as required by the Appraiser Qualifications Board of the Appraisal Foundation.
(2)
A licensed appraiser trainee is an individual who has successfully completed all requisite core courses as required by the Appraiser Qualifications Board of the Appraisal Foundation.
(d)
[Deleted by P.L. 2013, ch. 54, § 1 and P.L. 2013, ch. 58, § 1.]
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1992, ch. 275, § 1; P.L. 1997, ch. 341, § 1; P.L. 1997, ch. 366, § 1; P.L. 2006, ch. 217, § 2; P.L. 2006, ch. 357, § 2; P.L. 2013, ch. 54, § 1; P.L. 2013, ch. 58, § 1; P.L. 2023, ch. 163, § 1, effective June 20, 2023; P.L. 2023, ch. 164, § 1, effective June 20, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-9. - Education requirements prior to examination.

§ 5-20.7-9. Education requirements prior to examination.
(a)
Residential classification.
As a prerequisite to taking the examination for certification as a state-certified residential real estate appraiser, an applicant shall present evidence satisfactory to the board that the applicant has successfully completed the required classroom hours of courses promulgated by the Appraiser Qualifications Board of the Appraisal Foundation in subjects related to real estate appraisal and the uniform standards of professional appraisal practice from a duly licensed real estate school pursuant to the provisions of § 5-20.5-19 or a nationally recognized appraisal organization, college, university, or other school approved by the Appraiser Qualifications Board of the Appraisal Foundation, or any other school that is approved by the board.
(b)
General classification.
As a prerequisite to taking the examination for certification as a state-certified general real estate appraiser, an applicant shall present evidence satisfactory to the director that the applicant has successfully completed the required classroom hours of courses promulgated by the Appraiser Qualifications Board of the Appraisal Foundation in subjects related to real estate appraisal and the uniform standards of professional appraisal practice from a duly licensed real estate school pursuant to the provisions of § 5-20.5-19, or a nationally recognized appraisal organization, college, university, or other school approved by the Appraiser Qualifications Board of the Appraisal Foundation, or such other school as approved by the board.
(c)
Licensed real estate appraiser.
As a prerequisite to taking the examination for licensing as a state-licensed residential real estate appraiser, an applicant shall present evidence satisfactory to the board that the applicant has successfully completed the required classroom hours of courses promulgated by the Appraiser Qualifications Board of the Appraisal Foundation in subjects related to real estate appraisal and the uniform standards of professional appraisal practice from a duly licensed real estate school pursuant to the provisions of § 5-20.5-19 or a nationally recognized appraisal organization, college, university, or other school approved by the Appraiser Qualifications Board of the Appraisal Foundation, or any other school that is approved by the board.
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1992, ch. 275, § 1; P.L. 1994, ch. 211, § 1; P.L. 1997, ch. 341, § 1; P.L. 1997, ch. 366, § 1; P.L. 2023, ch. 163, § 1, effective June 20, 2023; P.L. 2023, ch. 164, § 1, effective June 20, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-10. - Experience requirements prior to examination.

§ 5-20.7-10. Experience requirements prior to examination.
(a)
An original certification as a state-certified real estate appraiser or licensing as a state-licensed appraiser shall not be issued to any person who does not possess the requisite experience in real property appraisal as required by the Appraiser Qualifications Board of the Appraisal Foundation and supported by adequate written reports or file memoranda. The experience shall be of the type of appraisal for which the applicant is seeking certification/licensing and shall meet the minimum standards of the Appraisal Foundation and/or applicable federal regulations.
(b)
Each applicant for certification and licensing shall furnish, under oath, a detailed listing of the real estate appraisal reports or file memoranda for each year for which experience is claimed by the applicant. For an applicant for general certification at least fifty percent (50%) of the prepared reports must demonstrate knowledge and working understanding of income capitalization or other nonresidential reports. Upon request, the applicant shall make available to the director or board for examination a sample of appraisal reports, which the applicant has prepared in the course of his or her practice.
(c)
In order for a licensed trainee appraiser to be issued certification as a state-certified appraiser or licensing as a state-licensed appraiser, the trainee must have completed the requisite experience in real property appraisal as required by the Appraiser Qualifications Board and supported by adequate written reports or file memoranda. That experience must be completed under the direct supervision of certified real estate appraisers. The trainee may rely on more than one supervising appraiser in order to complete this experience requirement, and no certified appraiser shall supervise more than three (3) trainees.
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1992, ch. 275, § 1; P.L. 1994, ch. 211, § 1; P.L. 1998, ch. 288, § 1; P.L. 2013, ch. 54, § 1; P.L. 2013, ch. 58, § 1; P.L. 2023, ch. 163, § 1, effective June 20, 2023; P.L. 2023, ch. 164, § 1, effective June 20, 2023.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-11. - Term of certification or license — Renewal.

§ 5-20.7-11. Term of certification or license — Renewal.
The term of a certificate or license issued pursuant to this chapter is two (2) years from the date of issuance. The expiration date of the certificate or license shall appear on the certificate or license and no other notice of its expiration need be given to the holder of the license.
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1992, ch. 275, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-12. - Issuance of certificate or license — Certificate or license number.

§ 5-20.7-12. Issuance of certificate or license — Certificate or license number.
(a)
A certificate or license issued pursuant to the provisions of this chapter shall bear the signature of the chairperson of the board and a certificate number assigned by the director.
(b)
Prior to the issuance of any trainee license, the trainee shall provide to the department a notarized affidavit signed by the certified appraiser who shall directly supervise the trainee. The affidavit must provide the business name, address, and license number of the certified appraiser.
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1992, ch. 275, § 1; P.L. 1997, ch. 341, § 1; P.L. 1997, ch. 366, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-13. - Exclusive use of term.

§ 5-20.7-13. Exclusive use of term.
(a)
The term “state-certified 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 any manner that it might be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the certificate.
(b)
No certificate shall be issued under the provisions of this chapter to any corporation, partnership, firm, or group. This is not construed to prevent a state-certified real estate appraiser from signing an appraisal report on behalf of a corporation, partnership, firm, or group practice.
History of Section.
P.L. 1990, ch. 424, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-14. - Principal place of business.

§ 5-20.7-14. Principal place of business.
(a)
Each state-certified and licensed real estate appraiser shall advise the director of the address of his or her principal place of business and all other addresses at which he or she is currently engaged in the business of preparing real property appraisal reports.
(b)
Whenever a state-certified or licensed real estate appraiser changes his or her place of business, he or she shall give ten (10) days in advance written notification of the change to the director and shall apply for an amended certificate.
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1992, ch. 275, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-15. - Fees.

§ 5-20.7-15. Fees.
(a)
The director is empowered and directed to establish a fee schedule for the application, review, examination, and reexamination of applicants for certification and licensing and for the issuance and renewal of certificates and for late fees; provided, that the annual fee for a residential or general appraiser certificate is two hundred dollars ($200).
(b)
There is hereby created a restricted-receipt account within the general fund of the state to be known as the real estate appraisers — registration — CLRA account. Fees collected pursuant to subsection (a) of this section shall be deposited into this account and be used to finance costs associated with real estate appraisers registration. The restricted-receipt account will be included in the budget of the department of business regulation.
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1992, ch. 275, § 1; P.L. 2004, ch. 595, art. 30, § 4; P.L. 2019, ch. 88, art. 2, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-20.7 - Real Estate Appraiser Certification Act › Section 5-20.7-16. - Nonresident certified or licensed real estate appraisers — Secretary of state as agent for service of process — Reciprocity.

§ 5-20.7-16. Nonresident certified or licensed real estate appraisers — Secretary of state as agent for service of process — Reciprocity.
(a)
Every applicant for certification or licensing under this chapter who is not a resident of this state shall submit, with the application for certification or licensing, an irrevocable consent that service of process upon the applicant may be made by delivery of the process to the secretary of state, if in an action against the applicant in a court of this state arising out of the applicant’s activities as a state-certified or licensed real estate appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant.
(b)
A nonresident of the state who has complied with the provisions of subsection (a) may obtain a certificate as a state-certified real estate appraiser or a licensed real estate appraiser by conforming to all of the provisions of this chapter relating to state-certified or licensed real estate appraisers. If, in the determination by the board, another state is deemed to have substantially equivalent certification requirements, an applicant who is certified under the laws of that other state may obtain a certificate as a state-certified or licensed real estate appraiser in this state upon any terms and conditions that are determined by the board.
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1992, ch. 275, § 1; P.L. 2023, ch. 163, § 1, effective June 20, 2023; P.L. 2023, ch. 164, § 1, effective June 20, 2023.