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 › STANDARDS OF PROFESSIONAL CONDUCT › Section 36.281 - Standards of Professional Conduct

Current through Register Vol. 54, No. 28, July 13, 2024
Preamble
Certified Pennsylvania evaluators shall comply with the
						  act and this subchapter and conform to the standards of professional conduct in
						  this section. Certified Pennsylvania evaluators who fail to adhere to these
						  standards will be subject to professional discipline under section 7(a)(6) of
						  the act (63 P. S. §
													458.7(a)(6)).
Standard 1. General duties.
Certified Pennsylvania evaluators shall perform their
						  duties in accordance with the general and specific county assessment laws and
						  generally accepted assessment standards. Certified Pennsylvania evaluators
						  shall perform all assessments in accordance with USPAP. Certified Pennsylvania
						  evaluators may obtain a copy of the current edition of USPAP 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.
Standard 2. Public review of assessments and
						  records.
Certified Pennsylvania evaluators shall make property
						  assessments available for public review and shall make all other records in
						  their custody available for public review unless access to the records is
						  specifically limited or prohibited by law or the information has been obtained
						  on a confidential basis and the law permits the information to be treated
						  confidentially.
Standard 3. Professional
						  qualifications.
Certified Pennsylvania evaluators shall use
						  professional designations only when they are properly authorized to do so.
						  Certified Pennsylvania evaluators may not claim qualifications that are false,
						  misleading or deceptive.
Standard 4. Limitations on activities.
Certified Pennsylvania evaluators may not perform
						  assessment and appraisal-related assignments that could reasonably be construed
						  as being in conflict with their responsibilities to their jurisdictions,
						  employers or clients, in which they have unrevealed personal interests or
						  biases, or that they are not qualified to perform.
Standard 5. Contingent fees.
Certified Pennsylvania evaluators may not perform an
						  assessment or appraisal-related assignment if the employment itself is
						  contingent upon the reporting of a predetermined analysis or opinion, or if the
						  fee to be paid for the performance of the assignment is contingent upon the
						  opinion, conclusion or valuation reached, or upon the consequences resulting
						  from the assignment.
Standard 6. Advertising and promotion.
Certified Pennsylvania evaluators may not make false,
						  misleading or deceptive statements or claims in advertising or promotions to
						  solicit assessment and appraisal-related assignments.
Standard 7. Conflict of interest.
Certified Pennsylvania evaluators who are government
						  employees may not solicit or perform assessment and appraisal-related
						  assignments that could create conflicts of interest or the appearance of
						  conflicts of interest.
Standard 8. Reporting of unethical
						  practices.
Certified Pennsylvania evaluators shall report
						  unethical practices or other similar actions or activities which may discredit
						  or reflect adversely upon the appraisal or assessment profession to the
						  Complaints Office of the Bureau of Professional and Occupational Affairs by
						  telephoning the Complaints Office at (800) 822-2113 or by submitting a written
						  complaint to the Complaints Officer of the Bureau of Professional and
						  Occupational Affairs, Post Office Box 2649, Harrisburg, Pennsylvania
						  17105-2649.
The provisions of this §
														36.281 issued under sections 3 and
							 7(a)(2) of the Assessors Certification Act (63 P. S. §§
															458.3 and
							 458.7(a)(6)); 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).