reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter G - PROMOTIONAL LAND SALES › Section 35.375 - Affidavit of consent to service of jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
The following affidavit of consent to service of
						jurisdiction is exemplary of the requirements of §
											35.372 (relating to nonresident
						requirements):
AFFIDAVIT OF CONSENT TO SERVICE OF JURISDICTION
That the undersigned ____________ (give legal designation
						of applicant, individual, partnership, corporation) does hereby irrevocably
						consent that any action brought against the above named applicant in the proper
						court of any county of the State of Pennsylvania or in which the plaintiff in
						such action may reside and that in the event proper service of process cannot
						be had upon such applicant in any such proceeding in such county, service of
						any process may be made therein by the sheriff of such county by the service of
						any process or pleadings authorized by the Laws of Pennsylvania on the Real
						Estate Commission, hereby stipulating and agreeing that such service of such
						process or pleadings on said Chairman shall be taken and held in all courts to
						be valid and binding as if due process had been made upon said applicant in the
						State of Pennsylvania.
President ______________________________________
Secretary ______________________________________
Corporate Seal
Witness ____________
Personally appeared ____________ before me the
						undersigned notary public in and for the above named county and state, the day
						and date above named, and acknowledged the execution of the foregoing
						instrument to be the voluntary act and deed of such applicant for the purpose
						therein set forth (if applicant is an individual, strike out the following) and
						that they are the President and Secretary, respectively, of such corporation
						and are duly authorized to execute the foregoing instrument.
(Seal)
State of ____________ SS
COUNTY OF____________
The provisions of this §
													35.375 issued under the Real
						  Estate Licensing and Registration Act (63 P. S. §§
														455.101-455.902).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter H - CONTINUING EDUCATION › Section 35.382 - Requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Condition precedent to renewal of current standard license
. A
					 broker or salesperson holding a standard license who desires to renew a current
					 license shall, as a condition precedent to renewal, complete 14 hours of
					 Commission-approved continuing education during the preceding license period.
					 The continuing education shall be completed by the May 31 renewal
					 deadline.
(b)
Condition
					 precedent to reactivation and renewal of noncurrent standard license
.
					 A broker or salesperson holding a standard license who desires to reactivate
					 and renew a noncurrent license shall, as a condition precedent to reactivation
					 and renewal, complete 14 hours of Commission-approved continuing education
					 during the 2-year period preceding the date of submission of the reactivation
					 application. A broker or salesperson holding a standard license may not use the
					 same continuing education coursework to satisfy the requirements of this
					 subsection and subsection (a).
(c)
Exception
. The continuing education requirement does not apply
					 to reciprocal license holders or cemetery brokers, cemetery salespersons,
					 builder-owner salespersons, timeshare salespersons, campground membership
					 salespersons and rental listing referral agents who hold standard
					 licenses.
(d)
Documentation
. A licensee shall provide the Commission with
					 information necessary to establish the licensee's compliance with this
					 subchapter.
The provisions of this §
													35.382 issued under sections 402,
						  404, 404.1 and 513 of the Real Estate Licensing and Registration Act
						  (63
						  P. S. §§
														455.402,
						  455.404,
						  455.404a and
						  455.513); amended under
						  sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and
						  Registration Act (63 P. S. §§
														455.201,
						  455.501,
						  455.601,
						  455.602 and
						  455.604).
This section cited in 49 Pa. Code §
													35.383 (relating to waiver of
						  continuing education requirement).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter H - CONTINUING EDUCATION › Section 35.383 - Waiver of continuing education requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may waive all or part of
					 the continuing education requirement of §
											35.382 (relating to requirement)
					 upon proof that the standard license holder seeking the waiver is unable to
					 fulfill the requirement because of illness, emergency or hardship. The
					 following are examples of situations in which hardship waivers will be granted.
(1) A standard license holder who seeks to
					 renew a current license that was initially issued within 6 months of the
					 biennial license period for which renewal is sought will be deemed eligible, on
					 the basis of hardship, for a full waiver of the continuing education
					 requirement.
(2) A standard license
					 holder who seeks to renew a current license that was reactivated from
					 noncurrent status within 6 months of the biennial license period for which
					 renewal is sought will be deemed eligible, on the basis of hardship, for a full
					 waiver of the continuing education requirement.
(3) A standard license holder who is a
					 qualified continuing education instructor will be deemed eligible, for the
					 waiver of 1 hour of continuing education for each hour of actual classroom
					 instruction in an approved continuing education topic that the instructor is
					 qualified to teach. Duplicate hours of instruction in the same topic during the
					 same biennial license period will not be considered for waiver
					 purposes.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter H - CONTINUING EDUCATION › Section 35.384 - Qualifying courses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 provided in subsection (b), a licensee shall complete 14 hours of continuing
					 education in acceptable courses in a minimum of 2-hour increments.
(b) The Commission may, for a given biennial
					 license period and with adequate notice to standard license holders, require
					 that all or part of the 14 hours be completed in required topics. In addition,
					 during the first biennial period that continuing education is required, a new
					 licensee shall complete the Commission-developed 14-hour required course for
					 new licensees in satisfaction of the continuing education
					 requirement.
(c) Acceptable courses
					 include the following:
(1) Real estate
					 ethics.
(2) Laws affecting real
					 estate.
(3) Real estate financing
					 and mathematics.
(4) Real estate
					 valuation and evaluation.
(5)
					 Property management.
(6) Land use
					 and zoning.
(7) Income taxation as
					 applied to real property.
(8) Ad
					 valorem tax assessment and special assessments.
(9) Consumer protection and
					 disclosures.
(10) Agency
					 relationships.
(11) Landlord-tenant
					 laws.
(12) Environmental issues in
					 real estate.
(13) Antitrust issues
					 in real estate.
(14) Current
					 litigation related to real estate.
(15) Legal instruments related to real estate
					 transactions.
(16) Legalities of
					 real estate advertising.
(17)
					 Developments in building construction techniques, materials and mechanical
					 systems.
(18) Real estate
					 investment analysis.
(19)
					 Management of real estate brokerage operations.
(20) Property development.
(21) Real estate securities and
					 syndication.
(22) Real property
					 exchange.
(23) Broker courses
					 encompassing supervisory duties and standards of conduct and practice contained
					 in Subchapter E (relating to standards of conduct and practice).
(24) Marketing promotion and advertising of
					 real estate inventory.
(25) Use of
					 technology in delivering real estate services.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter H - CONTINUING EDUCATION › Section 35.385 - Continuing education providers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The following providers may offer instruction for continuing education:
(1) An accredited college as defined in
					 §
												35.201 (relating to
					 definitions).
(2) A real estate
					 education provider who has met the approval requirements in §
												35.341 (relating to approval of
					 real estate education provider).
(3) A real estate education provider outside
					 this Commonwealth that has been approved by the real estate licensing authority
					 of the jurisdiction where the real estate education provider is
					 located.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter H - CONTINUING EDUCATION › Section 35.386-35.392 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The temporary provisions of this Subchapter I issued
						  under the act of June 29, 2018 (P.L. 500, No. 75) that amended the Real Estate
						  Licensing and Registration Act (63 P.S. §§
														455.101-455.902), unless otherwise
						  noted.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter I - BROKER PRICE OPINIONS-TEMPORARY REGULATIONS › Section 35.401 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Automated valuation model
-Any
						computerized model used by mortgage originators and secondary market issuers to
						determine the collateral worth of a mortgage secured by a consumer's principal
						dwelling.
Broker price opinion
-An estimate
						prepared by a broker, associate broker or salesperson that details the probable
						selling price of a particular parcel of real property and provides a varying
						level of detail about the property's condition, market and neighborhood, and
						information on comparable sales, but does not include an automated valuation
						model.
Short sale
-A sale of real property in
						which the seller's proceeds are less than the amount required to pay off all
						liens secured by the property.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter I - BROKER PRICE OPINIONS-TEMPORARY REGULATIONS › Section 35.402 - Broker price opinion

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A broker
					 price opinion must contain the following statement displayed conspicuously and
					 without change:
This analysis has not been prepared in accordance with
						the Uniform Standards of Professional Appraisal Practice which require valuers
						to act as unbiased, disinterested third parties with impartiality, objectivity
						and independence and without accommodation of personal interest. It is not to
						be construed as an appraisal and may not be used as such for any
						purpose.
(b) A broker price
					 opinion must be signed manually or electronically by the person who prepared it
					 and must contain all of the following information:
(1) An identification of the intended users
					 and intended uses of the broker price opinion, if known.
(2) A brief description of the subject
					 property.
(3) A brief description
					 of the property interest to be priced.
(4) The basis for the conclusion as to the
					 price, including applicable market data, cost data or capitalization
					 computation.
(5) Any assumption or
					 limiting condition.
(6) Any
					 existing or contemplated interest of the licensee who prepared the broker price
					 opinion.
(7) The effective date of
					 the broker price opinion.
(8) The
					 date that the document is signed.
(9) The real estate license number of the
					 preparer and, if applicable, the reviewing broker or associate
					 broker.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter I - BROKER PRICE OPINIONS-TEMPORARY REGULATIONS › Section 35.403 - Use of broker price opinion

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 broker price opinion may be prepared by a broker, associate broker or
					 salesperson only for use in conjunction with any of the following:
(1) A property owned by a lender after an
					 unsuccessful sale at a foreclosure auction.
(2) A modification of a first or junior
					 mortgage or equity line of credit.
(3) A short sale of a property.
(4) An evaluation or monitoring of a
					 portfolio of properties.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 35 - STATE REAL ESTATE COMMISSION › Subchapter I - BROKER PRICE OPINIONS-TEMPORARY REGULATIONS › Section 35.404 - Broker price opinion education

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A broker, associate broker or salesperson may not prepare a broker price
					 opinion unless the broker, associate broker or salesperson has completed a
					 Commission-approved initial education course in the preparation of broker price
					 opinions.
(b) A broker or associate
					 broker may not sign a broker price opinion prepared by a salesperson unless the
					 broker or associate broker has completed a Commission-approved initial
					 education course in the preparation of broker price opinions.
(c) A broker, associate broker or salesperson
					 may not prepare a broker price opinion unless the broker, associate broker or
					 salesperson has completed at least 3 hours of Commission-approved continuing
					 education in broker price opinion topics during the current or immediately
					 preceding 2-year license period.
(d) A broker, associate broker or salesperson
					 who has completed a Commission-approved initial education course, a broker
					 prelicensure course listed in subsection (e) or continuing education referenced
					 in subsection (c) shall retain the transcript or certificate of instruction and
					 provide a copy to the Commission upon request.
(e) The following broker prelicensure courses
					 have been approved to satisfy the initial education requirement in subsections
					 (a) and (b):
(1) Valuation of residential
					 property.
(2) Valuation of
					 income-producing property.
(3)
					 Basic appraisal principles.
(4)
					 Basic appraisal procedures.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › GENERAL PROVISIONS › Section 36.2 - Application process

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application form.
An individual who applies for licensure as a
						licensed appraiser trainee or for certification as a certified residential real
						estate appraiser or a certified general real estate appraiser shall do all of
						the following:
(1) Submit an application to
						the Board on a form provided by the Board.
(2) Submit an official criminal history
						record information check from the State Police or other state agency for every
						state in which the candidate has lived or worked during the past 5 years. A
						report must be dated within 90 days of the date of application.
(3) Pay the required application fee in the
						amount prescribed in § 36.6 (relating to fees).
(4) Satisfy the requirements for licensure or
						certification in this subchapter.
(5) Satisfy the requirements in the AQB
						Qualification Criteria.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › GENERAL PROVISIONS › Section 36.3 - Examinations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The examination
						required for certification as a residential real estate appraiser or a general
						real estate appraiser is the AQB-approved National examination, or its
						equivalent, for the certification for which an applicant is applying. The
						certification examinations are administered by a professional testing
						organization under contract with the Board at times and places established by
						the professional testing organization. An examination is not required for
						licensure as an appraiser trainee.
(b) Interested persons may obtain information
						about the certification examinations from the professional testing
						organization. Contact information for the professional testing organization
						appears on the Board's web site.
The provisions of this §
														36.3 issued under sections 5(2),
							 6(h) and 10(b) of the Real Estate Appraisers Certification Act (63 P.S.
							 §§
															457.5(2),
							 457.6(h) and 457.10(b));
							 amended under sections 5(1) and (2), 6, 9(a) and 10(b) and (b.2) of the Real
							 Estate Appraisers Certification Act (REACA) (63 P.S. §§
															457.5(1) and (2),
							 457.6,
							 457.9(a) and 457.10(b) and
							 (b.2)); and sections 3, 4(d) and 12 of the Assessors Certification Act (ACA)
							 (63
							 P.S. §§
															458.3,
							 458.4(d) and
							 458.12).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › QUALIFICATIONS FOR CERTIFICATION OR LICENSURE › Section 36.11 - Qualifications for certification as residential real estate appraiser

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
						qualifications.
An applicant for certification as a residential real
						estate appraiser shall:
(1) Be of good moral
						character.
(2) Satisfy the
						education and experience requirements prescribed by this section prior to the
						date of examination.
(3) Pass an
						AQB-approved examination for certification as a residential real estate
						appraiser.
(4) Satisfy the
						requirements in the AQB Qualification Criteria for certification as a
						residential real estate appraiser.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › QUALIFICATIONS FOR CERTIFICATION OR LICENSURE › Section 36.12 - Qualifications for certification as general real estate appraiser

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
						qualifications.
An applicant for certification as a general real
						estate appraiser shall:
(1) Be of good moral
						character.
(2) Satisfy the
						education and experience requirements prescribed by this section as of the date
						of the examination.
(3) Pass an
						AQB-approved examination for certification as a general real estate
						appraiser.
(4) Satisfy all the
						requirements in the AQB Qualification Criteria for certification as a general
						real estate appraiser.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › QUALIFICATIONS FOR CERTIFICATION OR LICENSURE › Section 36.12a - Qualifications for licensure as appraiser trainee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General qualifications.
An applicant for licensure as an appraiser trainee shall:
(1) Be of good moral character.
(2) Satisfy the education requirements
						prescribed by this section.
(3)
						Complete a course that, at a minimum, complies with the specifications for
						course content established by the AQB Qualification Criteria, which is
						specifically oriented to the requirements and responsibilities of supervisory
						appraisers and licensed appraiser trainees.
(4) Satisfy the requirements in the AQB
						Qualification Criteria for licensure as an appraiser
						trainee.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › QUALIFICATIONS FOR CERTIFICATION OR LICENSURE › Section 36.13 - Experience options for preparation of appraisal reports; experience logs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant
						for certification as a residential real estate appraiser or a general real
						estate appraiser under §§
												36.11 and
						36.12 (relating to qualifications
						for certification as residential real estate appraiser; and qualifications for
						certification as general real estate appraiser) shall have acquired experience
						in the preparation of appraisal reports in one or more of the following:
(1) Prior to September 3, 1998:
(i) As a licensed real estate broker under
						the Real Estate Licensing and Registration Act (63 P. S. §§
															455.101-455.902) and Chapter 35 (relating to
						State Real Estate Commission).
(ii)
						As an elected officer, director or employee of a banking institution, savings
						institution, savings bank, credit union or trust company operating under
						applicable Federal or State laws, when acting on behalf of the institution in
						connection with a loan transaction.
(iii) As a certified
						broker/appraiser.
(iv) As an
						assistant to a certified residential real estate appraiser or certified general
						real estate appraiser, provided the assistant satisfies the requirements of
						subsection (b).
(v) As a certified
						residential real estate appraiser assisting a certified general real estate
						appraiser in an appraisal of nonresidential property or an appraisal of
						residential property of more than four dwelling units, provided the residential
						appraiser satisfies the requirements of subsection (d).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › QUALIFICATIONS FOR CERTIFICATION OR LICENSURE › Section 36.21 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › QUALIFICATIONS FOR CERTIFICATION OR LICENSURE › Section 36.22 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › QUALIFICATIONS FOR CERTIFICATION OR LICENSURE › Section 36.23 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › QUALIFICATIONS FOR CERTIFICATION OR LICENSURE › Section 36.24 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › QUALIFICATIONS FOR CERTIFICATION OR LICENSURE › Section 36.25 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › APPROVAL PROCESS-PROVIDERS › Section 36.31 - Provider registration/appraisal courses

Current through Register Vol. 54, No. 28, July 13, 2024
Real estate appraisal or real estate related
						  organizations, State or Federal agencies or commissions, proprietary schools
						  and other providers other than accredited colleges or universities and
						  community or junior colleges, seeking to offer appraisal courses for classroom
						  hour credit or continuing education credit shall complete and file with the
						  Board an application for Board approval as a provider for appraisal courses.
						  Application forms and a list of Board approved providers of appraisal courses
						  may be obtained from the Administrative Office of the Board, Post Office Box
						  2649, Harrisburg, Pennsylvania 17105-2649, (717) 783-4866.
The provisions of this §
														36.31 amended under sections 5(2),
							 6(h) and 10(b) of the Real Estate Appraisers Certification Act (63 P.S.
							 §§
															457.5(2),
							 457.6(h) and
							 457.10(b)).
This section cited in 49 Pa. Code §
														36.11 (relating to qualifications
							 for certification as residential real estate appraiser); 49 Pa. Code §
														36.12 (relating to qualifications
							 for certification as general real estate appraiser); 49 Pa. Code § 12a
							 (relating to qualifications for licensure as appraiser trainee); 49 Pa. Code
							 §
														36.42 (relating to subject matter
							 and sources of continuing education); and 49 Pa. Code §
														36.241 (relating to provider
							 registration/appraisal or assessment
							 courses).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › APPROVAL PROCESS-PROVIDERS › Section 36.32 - Standards for providers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Approved providers shall:
(1) Establish a
						mechanism measuring the quality of the course/continuing education program
						being offered.
(2) Establish
						criteria for selecting and evaluating faculty.
(3) Establish criteria for the evaluation of
						each course/continuing education program upon completion.
(4) Submit a course outline and summary of
						faculty qualifications for each appraisal course proposed to be
						offered.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › APPROVAL PROCESS-PROVIDERS › Section 36.33 - Withdrawal of approval of providers

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may, following notice and hearing under
						  2
						  Pa.C.S. §§
													501-508 (relating to
						  practice and procedure of Commonwealth agencies), withdraw the approval of an
						  approved provider that it finds guilty of one or more of the following:
(1) Having acquired the Board's approval by
						misrepresentation.
(2) Failing to
						maintain compliance with §
												36.32 (relating to standards for
						providers).
(3) Otherwise failing
						to comply with the requirements of this chapter.
The provisions of this §
														36.33 issued under sections 5(2),
							 6(h) and 10(b) of the Real Estate Appraisers Certification Act (63 P.S.
							 §§
															457.5(2),
							 457.6(h) and
							 457.10(b)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › CONTINUING EDUCATION › Section 36.41 - Continuing education requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Continuing education for certified real estate appraisers and licensed
						appraiser trainees is necessary to ensure that they maintain and increase their
						skill, knowledge and competency in real estate appraising. Except as provided
						in subsection (b), certified real estate appraisers and licensed appraiser
						trainees shall satisfy the continuing education requirements in the AQB
						Qualification Criteria, which must include at least 2 hours on the act, this
						chapter and the policies of the Board during each biennial renewal period as a
						condition of renewal of certification for the next biennial renewal
						period.
(a.1) Beginning with the
						renewal of certification or licensure for the 2025-2027 biennial renewal
						period, certified real estate appraisers and licensed appraiser trainees shall
						provide evidence of completion of an AQB-compliant course on valuation bias and
						fair housing laws and regulations as a condition of renewal of certification or
						licensure. The following apply:
(1)
7-hour course length requirement.
The first time a certified
						real estate appraiser or licensed appraiser trainee completes the AQB-compliant
						course on valuation bias and fair housing laws and regulations referenced in
						this subsection, the course length must be 7 hours. If a certified real estate
						appraiser or licensed appraiser trainee successfully completed a 7-hour (plus
						1-hour exam) course as part of their qualifying education, the 7-hour course
						length requirement is satisfied.
(2)
4-hour course length
						requirement.
A certified real estate appraiser or licensed appraiser
						trainee who has satisfied the 7-hour course length requirement shall, as a
						condition of renewal of certification or licensure, complete an AQB-compliant
						continuing education course of at least 4 hours on valuation bias and fair
						housing laws and regulations.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › CONTINUING EDUCATION › Section 36.42 - Subject matter and sources of continuing education

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Continuing education subject matter and
						sources must comply with the requirements in the AQB Qualification
						Criteria.
(b) Subjects acceptable
						for continuing education include the subjects set forth by the AQB
						Qualification Criteria.
(c) Credit
						for the classroom hour requirement may be obtained from colleges or
						universities and community or junior colleges. Subject to Board approval under
						§
												36.31 (relating to provider
						registration/appraisal courses), credit for the classroom hour requirement may
						also be obtained from real estate appraisal or real estate related
						organizations, State or Federal agencies or commissions, proprietary schools
						and other providers.
(d)
						Educational offerings which cover real estate appraisal related topics other
						than those in subsection (b) may be acceptable for continuing education credit
						if the applicant can demonstrate to the Board that the topic or program
						contributed to the applicant's professional competence and is consistent with
						the purpose of continuing education as stated in §
												36.41 (relating to continuing
						education requirement).
The provisions of this §
														36.42 issued under sections 5(2),
							 6(h) and 10(b) of the Real Estate Appraisers Certification Act (63 P.S.
							 §§
															457.5(2),
							 457.6(h) and 457.10(b));
							 amended under sections 5(1) and (2), 6, 9(a) and 10(b.2) of the Real Estate
							 Appraisers Certification Act (63 P.S. §§
															457.5(1) and
							 (2),
							 457.6,
							 457.9(a) and 457.10(b.2));
							 and section 3 of the Assessors Certification Act (63 P.S. §
															458.3).
This section cited in 49 Pa. Code §
														36.43 (relating to distance
							 education).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › CONTINUING EDUCATION › Section 36.43 - Distance education

Current through Register Vol. 54, No. 28, July 13, 2024
Distance education courses must comply with the
						  requirements in the AQB Qualification Criteria. A distance education course is
						  acceptable for continuing education credit if it is approved by the Board and
						  meets all of the following conditions:
(1) The course is presented by one of the
						following:
(i) A course provider that presents
						the course to an organized group in an instructional setting with a person
						qualified and available to answer questions, provide information and monitor
						attendance.
(ii) An accredited
						(Commission on Colleges or a regional accreditation association) college or
						university that offers distance education programs in other
						disciplines.
(iii) A course
						provider that has received approval for course design and delivery mechanism
						from the IDECC and approval for course content from the Board or from the AQB
						through its Course Approval Program.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › CONTINUING EDUCATION › Section 36.44 - Reporting of continuing education credit hours

Current through Register Vol. 54, No. 28, July 13, 2024
Applicants applying for certificate renewal shall
						  provide, at the time of biennial renewal, and on forms approved by the Board, a
						  signed statement certifying that continuing education requirements have been
						  met and providing information to document their
						  certification.
The provisions of this §
														36.44 issued under sections 5(2),
							 6(h) and 10(b) of the Real Estate Appraisers Certification Act (63 P.S.
							 §§
															457.5(2),
							 457.6(h) and
							 457.10(b)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE › Section 36.51 - Compliance with USPAP

Current through Register Vol. 54, No. 28, July 13, 2024
A certified real estate appraiser or licensed appraiser
						  trainee shall perform an appraisal assignment in accordance with USPAP. A
						  certified real estate appraiser or licensed appraiser trainee who violates one
						  or more provisions of USPAP shall be subject to disciplinary action under the
						  act. A copy of the current edition of USPAP can be obtained by writing,
						  telephoning or e-mailing the Appraisal Foundation at 1029 Vermont Avenue, N.W.,
						  Suite 900, Washington D.C. 20005-3517, (202) 347-7722, or
						  info@appraisalfoundation.org, respectively.
The provisions of this §
														36.51 issued under sections 5(2),
							 6(h) and 10(b) of the Real Estate Appraisers Certification Act (63 P.S.
							 §§
															457.5(2),
							 457.6(h) and 457.10(b));
							 amended under sections 5(2), 6(f), 9(a) and 10(b) of the Real Estate Appraisers
							 Certification Act (63 P.S. §§
															457.5(2),
							 457.6(f), 457.9(a) and
							 457.10(b)); and sections 3, 4(d) and 12 of the Assessors Certification Act
							 (63
							 P.S. §§
															458.3,
							 458.4(d) and
							 458.12).
This section cited in 49 Pa. Code §
														43b.15 (relating to schedule of
							 civil penalties-certified real estate appraisers-statement of
							 policy).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE › Section 36.52 - Use of certificate number and title

Current through Register Vol. 54, No. 28, July 13, 2024
A certified real estate appraiser shall place his name,
						  signature and certificate number adjacent to or immediately below the title
						  "Pennsylvania certified general real estate appraiser," "Pennsylvania certified
						  residential real estate appraiser" or "Pennsylvania certified
						  broker/appraiser," as appropriate, on each written appraisal report and each
						  written appraisal agreement. A substantially similar title may be substituted.
						  Professional designations may be included adjacent to the signature, if
						  applicable. The following will serve as an example:
/s/ ______________________________________
John Doe, (Professional designation, if
						  applicable)
Pennsylvania Certified Residential Real Estate
						  Appraiser
Certification number RL-999999-L
The provisions of this §
														36.52 issued under sections 5(2),
							 6(h) and 10(b) of the Real Estate Appraisers Certification Act (63 P.S.
							 §§
															457.5(2),
							 457.6(h) and 457.10(b));
							 amended under sections 5(2), 6(f), 9(a) and 10(b) of the Real Estate Appraisers
							 Certification Act (63 P.S. §§
															457.5(2),
							 457.6(f), 457.9(a) and
							 457.10(b)); and sections 3, 4(d) and 12 of the Assessors Certification Act
							 (63
							 P.S. §§
															458.3,
							 458.4(d) and
							 458.12).
This section cited in 49 Pa. Code §
														36.13 (relating to experience
							 options for preparation of appraisal reports; experience logs); 49 Pa. Code
							 §
														36.54 (relating to duties of
							 supervisory appraiser); and 49 Pa. Code §
														43b.15 (relating to schedule of
							 civil penalties-certified real estate appraisers-statement of
							 policy).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE › Section 36.53 - Temporary practice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Board will recognize on a temporary basis the certification or license of an
						appraiser issued by another state if the following exist:
(1) The property to be appraised is part of a
						Federally-related transaction.
(2)
						The appraiser's business is of a temporary nature.
(3) The appraiser registers with the Board
						and pays the required fees.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE › Section 36.54 - Duties of supervisory appraiser

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A certified residential real estate
						appraiser or certified general real estate appraiser who utilizes an appraisal
						assistant before October 1, 2010, shall:
(1)
						Provide written notification to the Board of the name and address of the
						assistant when the assistant begins work for the appraiser.
(2) Directly supervise and control the
						assistant's work, assuming total responsibility for the contents of the
						appraisal report, including all value conclusions.
(3) Accompany the assistant during the
						physical inspection of the property until the assistant has logged 300 hours of
						appraisal experience or until the supervising appraiser determines the
						assistant is competent under USPAP to perform the physical inspection
						unaccompanied, whichever is the longer period.
(4) Co-sign the appraisal report as a
						certified real estate appraiser under §
													36.52 (relating to use of
						certificate number and title) and, unless the appraisal assistant checklist
						referenced in paragraph (5) is made part of the appraisal report submitted to
						the client, either have the assistant sign the appraisal report as assistant to
						the certified real estate appraiser or identify the assistant in the
						certification section of the appraisal report, or in addendum to the appraisal
						report, as having provided significant real property appraisal
						assistance.
(5) Co-sign a
						Board-approved appraisal assistant checklist that has been completed by the
						assistant and relates to the assistant's work on the appraisal
						report.
(6) Provide a current or
						former assistant who is applying for appraiser certification with copies of
						designated appraisal reports and appraisal assistant checklists requested by
						the Board to verify the assistant's experience.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter A - GENERAL PROVISIONS › MISCELLANEOUS PROVISIONS › Section 36.91 - Reactivation of lapsed certification

Current through Register Vol. 54, No. 28, July 13, 2024
A certified real estate appraiser whose certification
						  has lapsed for failure to biennially renew certification may apply to the Board
						  for reactivation of certification by paying the renewal fee required under
						  § 36.6 (relating to fees) and providing documentation of having completed
						  the continuing education hours that would have been required under §
												36.41 (relating to continuing
						  education requirement) if the certified real estate appraiser had maintained
						  current certification, except that only the most recent versions of the 7-hour
						  National USPAP Continuing Education Course and the 2-hour course on the act,
						  this chapter and Board policies must be completed. A certified real estate
						  appraiser who performed an appraisal, or held himself out as an appraiser,
						  during a period when his certification was lapsed shall be subject to
						  disciplinary action by the Board under section 3 of the act (63 P.S. §
													457.3) in addition to being required to pay
						  late renewal fees under section 225 of the Bureau of Professional and
						  Occupational Affairs Fee Act (63 P.S. §
													1401-225).
The provisions of this §
														36.91 amended under sections 5(2),
							 6(f) and 10(b) of the Real Estate Appraisers Certification Act (63 P.S.
							 §§
															457.5(2),
							 457.6(f) and 457.10(b)); and
							 sections 3, 4(d) and 12 of the Assessors Certification Act (63 P.S.
							 §§
															458.3,
							 458.4(d) and
							 458.12).
This section cited in 49 Pa. Code §
														43b.15 (relating to schedule of
							 civil penalties-certified real estate appraisers-statement of
							 policy).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter B - Reserved › Section 36.121-36.125 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter B - Reserved › Section 36.141-36.143 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter B - Reserved › Section 36.161-36.164 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS › Subchapter C - CERTIFIED PENNSYLVANIA EVALUATORS › GENERAL PROVISIONS › Section 36.202 - Certification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An assessor employed on or before March 16, 1992, who
						  does not hold the title of "certified Pennsylvania evaluator," and an assessor
						  employed after March 16, 1992, shall obtain certification as a Pennsylvania
						  evaluator within 3 years from the effective date of employment as an
						  assessor.