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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter A. GENERAL PROVISIONS


GENERAL PROVISIONS

Sec.


36.1.    Definitions.
36.2.    Application process.
36.3.    Examinations.
36.6.    Fees.

QUALIFICATIONS FOR CERTIFICATION OR LICENSURE


36.11.    Qualifications for certification as residential real estate appraiser.
36.12.    Qualifications for certification as general real estate appraiser.
36.12a.    Qualifications for licensure as appraiser trainee.
36.13.    Experience options for preparation of appraisal reports; experience logs.
36.21.    [Reserved].
36.22.    [Reserved].
36.23.    [Reserved].
36.24.    [Reserved].
36.25.    [Reserved].

APPROVAL PROCESS—PROVIDERS


36.31.    Provider registration/appraisal courses.
36.32.    Standards for providers.
36.33.    Withdrawal of approval of providers.

CONTINUING EDUCATION


36.41.    Continuing education requirement.
36.42.    Subject matter and sources of continuing education.
36.43.    Distance education.
36.44.    Reporting of continuing education credit hours.

STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE


36.51.    Compliance with USPAP.
36.52.    Use of certificate number and title.
36.53.    Temporary practice.
36.54.    Duties of supervisory appraiser.

MISCELLANEOUS PROVISIONS


36.91.    Reactivation of lapsed certification.

GENERAL PROVISIONS


§ 36.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   AQB—The Appraiser Qualifications Board of The Appraisal Foundation— The independent board of The Appraisal Foundation that establishes the minimum education, experience, examination and continuing education requirements for real property appraisers under Title XI of FIRREA (12 U.S.C.A. § §  3331—3356). The term includes any successor organization as designated by the United States Congress or the ASC.

   AQB Qualification Criteria—The AQB publication, The Real Property Appraiser Qualification Criteria, establishing the minimum education, experience, examination and continuing education requirements for real property appraisers to obtain a state license or certification. The publication may be accessed at The Appraisal Foundation web site at www.appraisalfoundation.org.

   ASC—The Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

   Act—The Real Estate Appraisers Certification Act (63 P.S. § §  457.1—457.19).

   Ad valorem tax appraisal—Valuation for tax purposes involving the appraisal of real estate, its analysis, opinions and conclusions regarding taxation.

   Applicant—A natural person.

   Appraisal—A written analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real property, for or in expectation of compensation.

   Appraisal review—An analysis of a completed appraisal report to determine if it conforms to specific requirements and guidelines and to ensure that the report is consistent and mathematically correct.

   Board—The State Board of Certified Real Estate Appraisers within the Bureau of Professional and Occupational Affairs in the Department of State of the Commonwealth.

   Certified broker/appraiser—A person who holds a certificate issued under authority of section 6(a)(3) of the act (63 P.S. §  457.6(a)(3)) and who is authorized to perform appraisals of all types of real property in non-Federally-related transactions.

   Certified general real estate appraiser—A person who holds a certificate issued under authority of section 6(a)(2) and (e) of the act and §  36.12 (relating to qualifications for certification as general real estate appraiser) and who is authorized to perform appraisals of all types of real property in all transactions, whether Federally-related or non-Federally-related.

   Certified real estate appraiser—A certified broker/appraiser, certified residential real estate appraiser or certified general real estate appraiser.

   Certified residential real estate appraiser—A person who holds a certificate issued under authority of section 6(a)(1) and (d) of the act and §  36.11 (relating to qualifications for certification as residential real estate appraiser) and who is authorized to perform appraisals of residential properties of one-to-four dwelling units in all transactions, whether Federally-related or non-Federally-related.

   Distance education—Except as otherwise required by AQB Qualification Criteria, an educational process based on the geographical separation of the learner and instructor, which provides interaction between the learner and instructor and includes testing. Examples include CD-ROM or DVD-ROM, on-line learning, correspondence courses, video conferencing, and video and remote television courses.

   FIRREA—The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Pub.L. No. 101-73, 103 Stat. 183).

   Feasibility analysis—A study of the cost-benefit relationship of an economic endeavor.

   Federally-related transaction—A real estate-related financial transaction which a Federal financial institution regulatory agency or the Resolution Trust Corporation engages in, contracts for or regulates, and which requires the services of an appraiser.

   Highest and best use analysis—A study which represents the reasonable and probable use that results in the highest present value of the land or improved property after considering all legally permissible, physically possible and economically feasible uses.

   IDECC—International Distance Education Certification Center.

   In good standing

     (i)   When referring to an individual certified or licensed by the Board to perform appraisals, an individual who is authorized under the act to perform appraisals or to act as a licensed appraiser trainee.

     (ii)   The term includes an individual who has an active, unrestricted certificate or license, or a certificate or license that is on probation or subject to a restriction ordered by the Board.

     (iii)   The term does not include an individual who holds a certificate or license that is inactive, expired, suspended or revoked.

   Licensed appraiser trainee—A person who holds a license issued under section 6(a.1) of the act and §  36.12a (relating to qualifications for licensure as appraiser trainee) and who is authorized to assist a certified residential real estate appraiser or certified general real estate appraiser in the performance of an appraisal.

   Real estate counseling—Providing, for a fee, disinterested and unbiased advice, professional guidance and judgment in the broad field of real estate, involving all segments of the business, including marketing, leasing, managing, planning, financing, appraising, providing testimony and other similar services. Real estate counseling is a specialty area in which the counselor clearly identifies the real estate problem to be solved, determines the most satisfactory solutions and, where appropriate, follows through on the implementation.

   Real estate-related financial transaction—A transaction involving the following:

     (i)   Sale, lease, purchase, investment in or exchange of real property, including interests in property or the financing thereof.

     (ii)   Refinancing of real property or interests in real property.

     (iii)   Use of real property or interests in property as security for a loan or investment, including mortgage-backed securities.

   Review appraiser—A person who performs an appraisal review.

   USPAP—The Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal Standards Board of The Appraisal Foundation.

Authority

   The provisions of this §  36.1 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 (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 (63 P.S. § §  458.3, 458.4(d) and 458.12).

Source

   The provisions of this §  36.1 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; amended December 3, 1993, effective December 4, 1993, 23 Pa.B. 5713; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956; amended November 1, 2019, effective November 2, 2019, 49 Pa.B. 6667. Immediately preceding text appears at serial pages (389188) to (389190).

Cross References

   This section cited in 49 Pa. Code §  36.401 (relating to definitions).

§ 36.2. Application process.

 (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.

 (b)  Application fee. The payment of a fee for processing an application is nonrefundable and must satisfy the following conditions:

   (1)  The application fee must be in the amount in §  36.6.

   (2)  Payment of the application fee must be in the form of a personal check or money order payable to ‘‘Commonwealth of Pennsylvania’’ or an electronic payment in a form or method approved by the Commissioner of Professional and Occupational Affairs.

 (c)  Approved applications. Residential real estate appraiser and general real estate appraiser certification applications approved by the Board are subject to all of the following conditions:

   (1)  Approval by the Board of an initial application for certification as a residential real estate appraiser or a general real estate appraiser constitutes approval to take the examination approved by the AQB with all of the following limitations:

     (i)   Approval of the application will be valid for 1 year from the date of approval.

     (ii)   Approval of the application will be subject to subsection (e).

     (iii)   If an applicant does not pass the certification examination approved by the AQB within 1 year of the date of approval, the application will be deemed to be withdrawn.

     (iv)   If an applicant wishes to take the certification examination approved by the AQB more than 1 year after the date of approval of an application, the applicant shall file a new application that complies with subsections (a) and (b).

   (2)  Approval by the Board of an application for licensure as an appraiser trainee, certification as a residential real estate appraiser or certification as a general real estate appraiser under section 7 of the act (63 P.S. §  457.7), regarding reciprocity, constitutes approval to issue a license or certificate to the applicant.

 (d)  Disapproved applications. Subject to subsection (e), an applicant for licensure as an appraiser trainee, certification as a residential real estate appraiser or certification as a general real estate appraiser whose application has been disapproved by the Board will be notified in writing of the reasons for the disapproval, and will have 1 year from the date of disapproval to correct the deficiencies or to file a request for reconsideration.

   (1)  A request for reconsideration must give the reason for the applicant’s request, must be accompanied by documentary materials not previously submitted which the applicant wishes the Board to consider and may include a request for an informal interview with the Board.

   (2)  If a request for reconsideration is denied or, subject to subsection (e), an applicant is unable to correct the deficiencies which resulted in the disapproval of the application within 1 year from the date of disapproval, a new application, along with the required fee, shall be submitted to the Board.

 (e)  Compliance with new requirements.

   (1)  Residential real estate appraiser and general real estate appraiser applicants. Except as otherwise provided in § §  36.11 and 36.12 (relating to qualifications for certification as residential real estate appraiser; and qualifications for certification as general real estate appraiser) or as required by the AQB Qualification Criteria, an applicant for certification as a residential real estate appraiser or general real estate appraiser shall comply with any increased education or experience requirements that take effect between the applicant’s filing of an initial application and the applicant’s passing the certification examination.

   (2)  Appraiser trainee applicants. Except as otherwise provided in §  36.12a (relating to qualifications for licensure as appraiser trainee), or as required by the AQB Qualification Criteria, an applicant for licensure as an appraiser trainee shall comply with any increased education requirement that takes effect between the applicant’s filing of an application that is disapproved and the applicant’s filing of a new application.

 (f)  Notification of AQB Qualification Criteria changes.

   (1)  Whenever the AQB adopts changes to the AQB Qualification Criteria, the Board will:

     (i)   Post a notice on the Board’s web site.

     (ii)   Notify licensees by means of e-mail.

     (iii)   Announce the AQB Qualification Criteria changes at the next scheduled Board meeting.

   (2)  The Board may in its discretion publish notice of AQB Qualification Criteria changes in the Pennsylvania Bulletin.

Authority

   The provisions of this §  36.2 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 (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 (63 P.S. § §  458.3, 458.4(d) and 458.12).

Source

   The provisions of this §  36.2 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6298; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956; amended November 1, 2019, effective November 2, 2019, 49 Pa.B. 6667. Immediately preceding text appears at serial pages (389190) and (379861).

§ 36.3. Examinations.

 (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.

Authority

   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).

Source

   The provisions of this §  36.3 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956; amended November 1, 2019, effective November 2, 2019, 49 Pa.B. 6667. Immediately preceding text appears at serial page (379861).

§ 36.6. Fees.

 The following is the schedule of fees charged by the Board:

Certification of scores … $25
Verification of certification or registration … $15
Certified Real Estate Appraisers
Application (nonreciprocity) … $235
Application (reciprocity) … $40
Temporary practice registration … $30
Initial certification (if certified on or after 7/1 of odd-numbered years or on or before 6/30 of even-numbered years) … $90
Initial certification (if certified between 7/1 of even-numbered years and 6/30 of odd-numbered years) … $45
Biennial renewal … $225
Certified Broker/Appraisers
Application (for application period of 9/3/96 to 9/3/98) … $40
Initial certification (if certified between 7/1/97 and 6/30/98) … $90
Initial certification (if certified between 9/3/96 and 6/30/97 or if certified on or after 7/1/98, if the application for initial certification was submitted by 9/3/98) … $45
Biennial renewal … $225
Certified Pennsylvania Evaluators
Application … $55
Initial certification (if certified on or after 7/1 of odd-numbered years or on or before 6/30 of even-numbered years) … $90
Initial certification (if certified between 7/1 of even-numbered years and 6/30 of odd-numbered years) … $45
Biennial renewal … $225
Continuing Education Providers
Application for continuing education provider approval … $85
Licensed Appraiser Trainee
Application … $75
Biennial renewal…$150

Authority

   The provisions of this §  36.6 issued under section 812(b) and (c) of The Administrative Code of 1929 (71 P.S. §  279.3a)); and sections 5(2) and (6) and 9(a) of the Real Estate Appraisers Certification Act (63 P.S. § §  457.5(2) and (6) and 457.9(a)); amended under section 812.1 of The Administrative Code of 1929 (71 P.S §  279.3a); sections 3 and 9 of the Assessors Certification Act (63 P.S. § §  458.3 and 458.9); and sections 5(6) and 9 of the Real Estate Appraisers Certification Act (63 P.S. § §  457.5(6) and 457.9).

Source

   The provisions of this §  36.6 adopted March 22, 1991, effective March 23, 1991, 21 Pa.B. 1168; amended April 17, 1992, effective April 18, 1992, 22 Pa.B. 1919; amended April 30, 1993, effective May 1, 1993, 23 Pa.B. 2119; amended August 27, 1993, effective August 28, 1993, 23 Pa.B. 4070; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6298; amended May 5, 1995, effective May 6, 1995, 25 Pa.B. 1774; amended October 25, 1996, effective October 26, 1996, 26 Pa.B. 5104; amended October 25, 1996, effective January 2, 1997, 26 Pa.B. 5103; amended March 26, 1999, effective March 27, 1999, 29 Pa.B. 1610; amended January 17, 2003, effective January 18, 2003, 33 Pa.B. 359; amended May 23, 2003, effective May 24, 2003, 33 Pa.B. 2476; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956; amended January 22, 2016, effective January 23, 2016, 46 Pa.B. 447. Immediately preceding text appears at serial pages (351302) and (363995).

Cross References

   This section cited in 49 Pa. Code §  36.2 (relating to application process); 49 Pa. Code §  36.91 (relating to reactivation of lapsed certification); 49 Pa. Code §  36.203 (relating to application process); 49 Pa. Code §  36.221 (relating to qualifications for certification as a Pennsylvania evaluator); and 49 Pa. Code §  36.271 (relating to reactivation of lapsed certification).

QUALIFICATIONS FOR CERTIFICATION OR LICENSURE


§ 36.11. Qualifications for certification as residential real estate appraiser.

 (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.

 (b)  Appraisal classroom hours. An applicant for certification as a residential real estate appraiser shall submit evidence to the Board of having completed the classroom hours required by the AQB Qualification Criteria as of the date of the application.

   (1)  Length of classroom hour and courses; course examination requirement.

     (i)   The length of classroom hours and courses must comply with the requirements in the AQB Qualification Criteria.

     (ii)   Credit toward the classroom hour requirement will be granted only if the applicant successfully completes an examination pertinent to the course and attends at least the minimum length of time, as required by the AQB Qualification Criteria, to receive course credit.

     (iii)   The course examination must comply with the requirements in the AQB Qualification Criteria.

   (2)  Providers of appraisal courses. Credit for the classroom hour requirement may be obtained from types of providers set forth in the AQB Qualification Criteria subject to the following:

     (i)   Credit for the classroom hour requirement may be obtained from accredited colleges or universities and community or junior colleges.

     (ii)   Real estate appraisal or real estate related organizations, State or Federal agencies or commissions, proprietary schools, and other providers are subject to Board approval under §  36.31 (relating to provider registration/appraisal courses).

   (3)  Distance education. Distance education courses must comply with the requirements in the AQB Qualification Criteria. A distance education course is acceptable to meet the classroom hour requirement if the course is approved by the Board and meets all of the following conditions:

     (i)   The course is presented by one of the following:

       (A)   An accredited (Commission on Colleges or a regional accreditation association) college or university that offers distance education programs in other disciplines.

       (B)   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.

     (ii)   The applicant successfully completes a written examination proctored by an official approved by the college, university or other course provider.

     (iii)   The length and content of the course meet the requirements of paragraph (1) and subsection (c), respectively.

 (c)  Content of appraisal education.

   (1)  The content of an applicant’s appraisal education must comply with the qualifying education requirements in the AQB Qualification Criteria and as specified in the Required Core Curriculum in the AQB Qualification Criteria.

   (2)  All courses must consist of instruction in the subject areas in Guide Note 1 of the AQB Qualification Criteria or any successor Guide Note.

 (d)  Postsecondary education. An applicant for certification as a residential real estate appraiser shall satisfy the postsecondary education requirements in the AQB Qualification Criteria.

 (e)  Experience. An applicant’s experience must comply with all of the following:

   (1)  An applicant for certification as a residential real estate appraiser shall satisfy the experience requirements in the AQB Qualification Criteria.

   (2)  At least 75% of the total experience requirement shall be in the actual preparation of real estate appraisal reports, which includes physical inspections of the interior and exterior of the subject properties, in accordance with §  36.13 (relating to experience options for preparation of appraisal reports; experience logs).

   (3)  Effective January 1, 2008, experience must be acquired after January 30, 1989, and must comply with USPAP. Experience acquired after August 2, 1993, will not be accepted unless the applicant completed 45 classroom hours of appraisal education, including 15 hours on USPAP prior to acquiring the experience. Effective January 1, 2020, experience credit may be obtained only by individuals who possess a license as an appraiser trainee.

   (4)  Acceptable categories of appraisal experience include all of the following:

     (i)   Fee and staff appraisals.

     (ii)   Ad valorem tax appraisals, if the applicant can demonstrate that the applicant used techniques to value properties similar to those used by appraisers and that the applicant effectively used the appraisal process.

     (iii)   Review appraisals.

     (iv)   Appraisal analysis (synonymous with an appraisal).

     (v)   Real estate counseling, if the counselor can satisfactorily demonstrate that:

       (A)   The client clearly asked for counseling services.

       (B)   The client was informed that the counselor’s time would be devoted to counseling services, which are separate from other real estate functions such as appraising, sales management and mortgage lending.

       (C)   A file memorandum was prepared on each assignment indicating the nature of the assignment, recommendations and disposition.

       (D)   Compensation for the counseling services was separate from other real estate services rendered.

     (vi)   Highest and best use analysis.

     (vii)   Feasibility analysis/study.

     (viii)   Real estate related experience such as that of an officer of a lending institution, if the experience consists of the actual performance or professional review of real estate appraisals.

     (ix)   Evaluations under FIRREA in accordance with requirements of Federal financial institution regulatory agencies.

     (x)   Case studies or practicum courses that are approved by the AQB Course Approval Program.

Authority

   The provisions of this §  36.11 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 the Real Estate Appraisers Certification Act (63 P.S. § §  457.1—457.19); and sections 3, 4(d) and 12 of the Assessors Certification Act (63 P.S. § §  458.3, 458.4(d) and 458.12).

Source

   The provisions of this §  36.11 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; amended December 3, 1993, effective December 4, 1993, 23 Pa.B. 5713; amended March 18, 1994, effective upon publication and apply retroactively to January 1, 1994, 24 Pa.B. 1486; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6421; amended August 4, 2000, effective August 5, 2000, 30 Pa.B. 3934; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956; amended October 12, 2012, effective October 13, 2012, 42 Pa.B. 6541; amended November 1, 2019, effective November 2, 2019, 49 Pa.B. 6667. Immediately preceding text appears at serial pages (379863) to (379864), (328741) to (328744), (351305) to (351306) and (363997).

Cross References

   This section cited in 49 Pa. Code §  36.1 (relating to definitions); 49 Pa. Code §  36.2 (relating to application process); and 49 Pa. Code §  36.13 (relating to experience options for preparation of appraisal reports; experience logs).

§ 36.12. Qualifications for certification as general real estate appraiser.

 (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.

 (b)  Appraisal classroom hours. An applicant for certification as a general real estate appraiser shall submit evidence to the Board of having completed the classroom hours required by the AQB Qualification Criteria as of the date of application.

   (1)  Length of classroom hour and courses; course examination requirement.

     (i)   The length of classroom hours and courses must comply with the requirements in the AQB Qualification Criteria.

     (ii)   Credit toward the classroom hour requirement will be granted only if the applicant successfully completes an examination pertinent to the course and attends at least the minimum length of time, as required by the AQB Qualification Criteria, to receive course credit.

     (iii)   The course examination must comply with the requirements in the AQB Qualification Criteria.

   (2)  Providers of appraisal courses. Credit for the classroom hour requirement may be obtained from the types of providers set forth in the AQB Qualification Criteria subject to all of the following:

     (i)   Credit for the classroom hour requirement may be obtained from accredited colleges or universities and community or junior colleges.

     (ii)   Real estate appraisal or real estate related organizations, State or Federal agencies or commissions, proprietary schools, and other providers are subject to Board approval under §  36.31 (relating to provider registration/appraisal courses).

   (3)  Distance education. Distance education courses must comply with the requirements in the AQB Qualification Criteria. A distance education course is acceptable to meet the classroom hour requirement if the course is approved by the Board, and meets all of the following conditions:

     (i)   The course is presented by one of the following:

       (A)   An accredited (Commission on Colleges or a regional accreditation association) college or university that offers distance education programs in other disciplines.

       (B)   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.

     (ii)   The applicant successfully completes a written examination proctored by an official approved by the college, university or other course provider.

     (iii)   The length and content of the course meet the requirements of paragraph (1) and subsection (c), respectively.

 (c)  Content of appraisal education.

   (1)  The content of an applicant’s appraisal education must comply with the qualifying education requirements in the AQB Qualification Criteria and as specified in the Required Core Curriculum in the AQB Qualification Criteria.

   (2)  All courses must consist of instruction in the subject areas outlined in Guide Note 1 of the AQB Qualification Criteria or any successor Guide Note.

 (d)  Postsecondary education. An applicant for certification as a general real estate appraiser shall satisfy the postsecondary education requirements in the AQB Qualification Criteria.

 (e)  Experience. An applicant’s experience must comply with all of the following:

   (1)  An applicant for certification as a general real estate appraiser shall satisfy the experience requirements in the AQB Qualification Criteria.

   (2)  At least 50% of the total experience requirement must be in the actual preparation of real estate appraisal reports, which includes physical inspections of the interior and exterior of the subject properties, in accordance with §  36.13 (relating to experience options for preparation of appraisal reports; experience logs).

   (3)  Effective January 1, 2008, experience must be acquired after January 30, 1989, and must comply with USPAP. Experience acquired after August 2, 1993, will not be accepted unless the applicant completed 45 classroom hours of appraisal education, including 15 hours on USPAP prior to acquiring the experience. Effective January 1, 2020, experience credit can be obtained only by individuals who possess a license as an appraiser trainee or a certification as a residential real estate appraiser.

   (4)  Acceptable categories of appraisal experience include:

     (i)   Fee and staff appraisals.

     (ii)   Ad valorem tax appraisals, if the applicant can demonstrate that the applicant used techniques to value properties similar to those used by appraisers and that the applicant effectively used the appraisal process.

     (iii)   Review appraisals.

     (iv)   Appraisal analysis (synonymous with an appraisal).

     (v)   Real estate counseling, if the counselor can satisfactorily demonstrate that:

       (A)   The client clearly asked for counseling services.

       (B)   The client was informed that the counselor’s time would be devoted to counseling services, which are separate from other real estate functions such as appraising, sales management and mortgage lending.

       (C)   A file memorandum was prepared on each assignment, indicating the nature of the assignment, recommendations and disposition.

       (D)   Compensation for the counseling services was separate from other real estate services rendered.

     (vi)   Highest and best use analysis.

     (vii)   Feasibility analysis/study.

     (viii)   Real estate experience such as that of an officer of a lending institution, if the experience consists of the actual performance or professional review of real estate appraisals.

     (ix)   Evaluations under FIRREA in accordance with requirements of Federal financial institution regulatory agencies.

     (x)   Case studies or practicum courses that are approved by the AQB Course Approval Program.

Authority

   The provisions of this §  36.12 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 the Real Estate Appraisers Certification Act (63 P.S. § §  457.1—457.19); and sections 3, 4(d) and 12 of the Assessors Certification Act (63 P.S. § §  458.3, 458.4(d) and 458.12).

Source

   The provisions of this §  36.12 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; corrected August 7, 1992, effective July 25, 1992, 22 Pa.B. 4098; amended December 3, 1993, effective December 4, 1993, 23 Pa.B. 5713; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6421; amended August 4, 2000, effective August 5, 2000, 30 Pa.B. 3934; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956; amended October 12, 2012, effective October 13, 2012, 42 Pa.B. 6541; amended November 1, 2019, effective November 2, 2019, 49 Pa.B, 6667. Immediately preceding text appears at serial pages (363997) to (363998), (328749) to (328752), (351309) to (351310) and (363999).

Cross References

   This section cited in 49 Pa. Code § §  36.1 (relating to definitions); 49 Pa. Code §  36.2 (relating to application process); and 49 Pa. Code §  36.13 (relating to experience options for preparation of appraisal reports; experience logs).

§ 36.12a. Qualifications for licensure as appraiser trainee.

 (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.

 (b)  Appraisal classroom hours. An applicant for licensure as an appraiser trainee shall comply with the qualifying educational standards required by the AQB Qualification Criteria.

   (1)  Content of appraisal education.

     (i)   The content of an applicant’s appraisal education must comply with the qualifying education requirements in the AQB Qualification Criteria.

     (ii)   All courses must consist of instruction in the subject areas outlined in Guide Note 1 of the AQB Qualification Criteria or any successor Guide Note.

   (2)  Length of classroom hour and courses; course examination requirement. The length of classroom hours and course requirements must comply with all of the following:

     (i)   The length of classroom hours and courses must comply with the requirements in the AQB Qualification Criteria.

     (ii)   Credit toward the classroom hour requirement will be granted only when the applicant successfully completes an examination pertinent to the course and attends at least the minimum length of time, as required by the AQB Qualification Criteria, to receive course credit.

     (iii)   The course examination must comply with the requirements in the AQB Qualification Criteria.

   (3)  Providers of appraisal courses. Credit for the classroom hour requirement may be obtained from the types of providers set forth in the AQB Qualification Criteria subject to all of the following:

     (i)   Credit for the classroom hour requirement may be obtained from accredited colleges or universities and community or junior colleges.

     (ii)   Real estate appraisal or real estate related organizations, State or Federal agencies or commissions, proprietary schools, and other providers are subject to Board approval under §  36.31 (relating to provider registration/appraisal courses).

   (4)  Distance education. Distance education courses must comply with the requirements in the AQB Qualification Criteria. A distance education course is acceptable to meet the classroom hour requirement if the course is approved by the Board and meets all of the following conditions:

     (i)   The course is presented by one of the following:

       (A)   An accredited (Commission on Colleges or a regional accreditation association) college or university that offers distance education programs in other disciplines.

       (B)   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.

     (ii)   The applicant successfully completes a written examination proctored by an official approved by the college, university or other course provider.

     (iii)   The content and classroom hours of the course meet the requirements of paragraphs (1) and (2).

 (c)  Noneligibility for licensure. A certified real estate appraiser is not eligible to be licensed as an appraiser trainee.

 (d)  Limitation on license renewal. An appraiser trainee license may not be biennially renewed more than four times unless the Board, for good cause shown and on a case-by-case basis, should determine that one or more additional renewals is warranted.

Authority

   The provisions of this §  36.12a issued under sections 5(2) and 9 of the Real Estate Appraisers Certification Act (63 P.S. § §  457.5(2) and (457.9(a)); 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 10(b.2)); and section 3 of the Assessors Certification Act (63 P.S. §  458.3).

Source

   The provisions of this §  36.12a adopted July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956; amended November 1, 2019, effective November 2, 2019, 49 Pa.B. 6667. Immediately preceding text appears at serial pages (363999) to (364000) and (351313).

Cross References

   This section cited in 49 Pa. Code §  36.1 (relating to definitions).

§ 36.13. Experience options for preparation of appraisal reports; experience logs.

 (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).

   (2)  On or after September 3, 1998:

     (i)   As a certified broker/appraiser.

     (ii)   As an assistant to a certified residential real estate appraiser or certified general real estate appraiser, provided the experience is acquired before October 1, 2010, and the assistant satisfies the requirements of subsection (b).

     (iii)   As a licensed appraiser trainee assisting a certified residential real estate appraiser or certified general real estate appraiser, provided the trainee satisfies the requirements of subsection (c).

     (iv)   As a certified residential real estate appraiser assisting a 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).

 (b)  For experience acquired before October 1, 2010, an assistant to a certified general real estate appraiser or certified residential real estate appraiser shall comply with all of the following requirements when preparing an appraisal report:

   (1)  The assistant shall perform an inspection of the interior and exterior of the property.

   (2)  The assistant may not arrive at an independent determination of value.

   (3)  The assistant shall comply with USPAP.

   (4)  The assistant shall complete and co-sign a Board-approved appraisal assistant checklist that relates to the assistant’s work on the appraisal report.

   (5)  Unless the appraisal assistant checklist is made part of the appraisal report, the assistant shall co-sign the appraisal report as ‘‘assistant to the certified real estate appraiser’’ or be referenced in the certification section of the appraisal report, or in an addendum to the appraisal report, as having provided significant real property appraisal assistance.

 (c)  A licensed appraiser trainee shall comply with all of the following requirements when preparing an appraisal report for a certified general real estate appraiser or certified residential real estate appraiser:

   (1)  The trainee may not be supervised by more than one residential or general appraiser on each appraisal assignment.

   (2)  The trainee shall perform an inspection of the interior and exterior of the property.

   (3)  The trainee may not arrive at an independent determination of value.

   (4)  The trainee shall comply with USPAP.

   (5)  The trainee shall complete and co-sign a Board-approved appraiser trainee checklist that relates to the trainee’s work on the appraisal report and that is made part of the appraisal report submitted to the client.

 (d)  A certified residential real estate appraiser shall comply with all of the following requirements when preparing an appraisal report for a certified general real estate appraiser:

   (1)  The residential appraiser shall perform an inspection of the interior and exterior of the property.

   (2)  The residential appraiser may not arrive at an independent determination of value.

   (3)  The residential appraiser shall comply with USPAP.

   (4)  The residential appraiser shall co-sign the appraisal report as set forth in §  36.52 (relating to use of certificate number and title) and ensure that the nature of his significant real property appraisal assistance is specified in the report.

   (5)  Jointly maintain an appraisal experience log with the general real estate appraiser on forms provided by the Board.

 (e)  The licensed appraiser trainee shall jointly maintain an appraisal experience log with the supervisory appraiser on forms provided by the Board. An appraisal experience log must comply with the requirements in the AQB Qualification Criteria.

Authority

   The provisions of this §  36.13 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 the Real Estate Appraisers Certification Act (63 P.S. § §  457.1—457.19); and sections 3, 4(d) and 12 of the Assessors Certification Act (63 P.S. § §  458.3, 458.4(d) and 458.12).

Source

   The provisions of this §  36.13 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; amended July 31, 1992, effective August 1, 1992, 22 Pa.B. 3987; amended April 30, 1993, effective April 31, 1993 and apply retroactively to August 1, 1992, 23 Pa.B. 2118; amended December 3, 1993, effective December 4, 1993, 23 Pa.B. 5634; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956; amended November 1, 2019, effective November 2, 2019, 49 Pa.B. 6667. Immediately preceding text appears at serial pages (351313) to (351315).

Cross References

   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); and 49 Pa. Code §  43b.15 (relating to schedule of civil penalties—certified real estate appraisers—statement of policy).

§ 36.21. [Reserved].


Source

   The provisions of this §  36.21 adopted April 5, 1991, effective April 6, 1991, 21 Pa.B. 1442; reserved July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864. Immediately preceding text appears at serial page (167704).

§ 36.22. [Reserved].


Source

   The provisions of this §  36.22 adopted April 5, 1991, effective April 6, 1991, 21 Pa.B. 1442; amended July 12, 1991, effective July 13, 1991, 21 Pa.B. 3148; reserved July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864. Immediately preceding text appears at serial pages (167704) and (161679) to (161685).

§ 36.23. [Reserved].


Source

   The provisions of this §  36.23 adopted April 5, 1991, effective April 6, 1991, 21 Pa.B. 1442; reserved July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864. Immediately preceding text appears at serial pages (161685) to (161686).

§ 36.24. [Reserved].


Source

   The provisions of this §  36.24 adopted April 5, 1991, effective April 6, 1991, 21 Pa.B. 1442; reserved July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864. Immediately preceding text appears at serial pages (161687) to (161688).

§ 36.25. [Reserved].


Source

   The provisions of this §  36.25 adopted April 5, 1991, effective April 6, 1991, 21 Pa.B. 1442; reserved July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864. Immediately preceding text appears at serial pages (161688) to (161689).

APPROVAL PROCESS—PROVIDERS


§ 36.31. Provider registration/appraisal courses.

 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.

Authority

   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)).

Source

   The provisions of this §  36.31 adopted October 11, 1991, effective October 12, 1991, 21 Pa.B. 4844; amended July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864. Immediately preceding text appears at serial pages (161689) to (161690).

Cross References

   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).

§ 36.32. Standards for providers.

 (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.

 (b)  The provider shall provide adequate facilities and appropriate instructional materials to carry out the courses/continuing education programs.

 (c)  The provider shall insure that the instructors have suitable qualifications and are of good reputation and character.

Authority

   The provisions of this §  36.32 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)).

Source

   The provisions of this §  36.32 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864.

Cross References

   This section cited in 49 Pa. Code §  36.33 (relating to withdrawal of approval of providers); and 49 Pa. Code §  36.241 (relating to provider registration/appraisal or assessment courses).

§ 36.33. Withdrawal of approval of providers.

 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.

Authority

   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)).

Source

   The provisions of this §  36.33 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864.

CONTINUING EDUCATION


§ 36.41. Continuing education requirement.

 (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.

 (b)  A certified general real estate appraiser, residential real estate appraiser or licensed appraiser trainee whose initial certification or license becomes effective between January 1 and June 30 of a biennial renewal year will not be required to furnish proof of continuing education as a condition of renewal of certification in that biennial renewal year.

Authority

   The provisions of this §  36.41 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 and 10(b) and (b.2) of the Real Estate Appraisers Certification Act (63 P.S. § §  457.5(1) and (2), 457.6 and 457.10(b) and (b.2)); and sections 3, 4(d) and 12 of the Assessors Certification Act (63 P.S. § §  458.3, 458.4(d) and 458.12).

Source

   The provisions of this §  36.41 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; amended March 12, 1999, effective March 13, 1999, 29 Pa.B. 1393; amended June 20, 2003, effective June 21, 2003, 33 Pa.B. 2869; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367; amended November 1, 2019, effective November 2, 2019, 49 Pa.B. 6667. Immediately preceding text appears at serial pages (351674) and (351317).

Cross References

   This section cited in 49 Pa. Code §  36.42 (relating to subject matter and sources of continuing education); and 49 Pa. Code §  36.91 (relating to reactivation of lapsed certification).

§ 36.42. Subject matter and sources of continuing education.

 (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).

Authority

   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).

Source

   The provisions of this §  36.42 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; amended March 12, 1999, effective March 13, 1999, 29 Pa.B. 1393; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956; amended November 1, 2019, effective November 2, 2019, 49 Pa.B. 6667. Immediately preceding text appears at serial pages (351317) to (351318).

Cross References

   This section cited in 49 Pa. Code §  36.43 (relating to distance education).

§ 36.43. Distance education.

 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.

   (2)  With regard to a course presented under paragraph (1)(ii) or (iii), the certified real estate appraiser or the licensed appraiser trainee either successfully completes a written examination proctored by an official approved by the college, university or other course provider or successfully completes the course mechanisms required for course accreditation that evidence the learner’s mastery and fluency of the course content.

   (3)  The content and length of the course meet the requirements of §  36.42 (relating to subject matter and sources of continuing education).

Authority

   The provisions of this §  36.43 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 and 10(b) and (b.2) of the Real Estate Appraisers Certification Act (63 P.S. § §  457.5(1) and (2), 457.6 and 457.10(b) and (b.2)); and sections 3, 4(d) and 12 of the Assessors Certification Act (63 P.S. § §  458.3, 458.4(d) and 458.12).

Source

   The provisions of this §  36.43 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367; amended November 1, 2019, effective November 2, 2019, 49 Pa.B. 6667. Immediately preceding text appears at serial pages (351318) to (351319).

§ 36.44. Reporting of continuing education credit hours.

 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.

Authority

   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)).

Source

   The provisions of this §  36.44 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864.

STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE


§ 36.51. Compliance with USPAP.

 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.

Authority

   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).

Source

   The provisions of this §  36.51 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; amended December 3, 1994, effective December 4, 1994, 24 Pa.B. 5713; amended December 17, 1993, effective December 18, 1993, 23 Pa.B. 5914; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956. Immediately preceding text appears at serial pages (342159) to (342160).

Cross References

   This section cited in 49 Pa. Code §  43b.15 (relating to schedule of civil penalties—certified real estate appraisers—statement of policy).

§ 36.52. Use of certificate number and title.

 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

Authority

   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).

Source

   The provisions of this §  36.52 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956. Immediately preceding text appears at serial page (342160).

Cross References

   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).

§ 36.53. Temporary practice.

 (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.

 (b)  Temporary means no more than three specific appraiser assignments during a period not to exceed 12 consecutive calendar months.

 (c)  Application forms for temporary practice may be obtained from the Administrative Office of the Board, Post Office Box 2649, Harrisburg, Pennsylvania, 17105-2649, (717) 783-4866.

Authority

   The provisions of this §  36.53 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)).

Source

   The provisions of this §  36.53 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; amended December 3, 1993, effective December 4, 1993, 23 Pa.B. 5713. Immediately preceding text appears at serial page (173226).

§ 36.54. Duties of supervisory appraiser.

 (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.

 (b)  A certified residential real estate appraiser or certified general real estate appraiser who utilizes a licensed appraiser trainee shall:

   (1)  Have at least 5 years of experience as a residential real estate or general real estate appraiser.

   (2)  Comply with the supervisory appraiser requirements in the AQB Qualification Criteria.

   (3)  Provide written notification to the Board of the name and address of the licensed appraiser trainee before the trainee begins work for the appraiser.

   (4)  Be a certified residential real estate appraiser or certified general real estate appraiser in this Commonwealth for at least 3 years immediately preceding the supervisory appraiser’s notification to the Board.

   (5)  Be a certified residential real estate appraiser or certified general real estate appraiser in good standing in this Commonwealth.

     (i)   The supervisory appraiser shall be in good standing in this Commonwealth for a period of at least 3 years immediately preceding the supervisory appraiser’s notification to the Board.

     (ii)   The supervisory appraiser shall be in good standing while serving as a supervisor.

   (6)  Have not received from the Board or any jurisdiction any disciplinary action that affects or affected the supervisor’s legal eligibility to engage in appraisal practice within 3 years immediately preceding the supervisory appraiser’s notification to the Board.

   (7)  Prior to supervising a licensed appraiser trainee, 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.

   (8)  Supervise no more than three licensed appraiser trainees at one time.

   (9)  Directly supervise and control the licensed appraiser trainee’s work, assuming total responsibility for the contents of the appraisal report, including all value conclusions.

   (10)  Accompany the licensed appraiser trainee during the physical inspection of the property until the licensed appraiser trainee has logged 300 hours of appraisal experience or until the supervising appraiser determines the licensed appraiser trainee is competent under USPAP to perform the physical inspection unaccompanied, whichever is the longer period.

   (11)  Co-sign a Board-approved appraiser trainee checklist that has been completed by the licensed appraiser trainee, relates to the licensed appraiser trainee’s work on the appraisal report and is made part of the appraisal report submitted to the client.

   (12)  Jointly maintain an appraisal experience log with the licensed appraiser trainee. An appraisal experience log must comply with the requirements in the AQB Qualification Criteria.

   (13)  Provide a current or former licensed appraiser trainee who is applying for appraiser certification with copies of designated appraisal reports requested by the Board to verify the licensed appraiser trainee’s experience.

 (c)  A certified general real estate appraiser who utilizes a certified residential real estate appraiser as an assistant for an appraisal of nonresidential property or an appraisal of residential property of more than four dwelling units shall:

   (1)  Directly supervise and control the residential appraiser’s work, assuming total responsibility for the contents of the appraisal report, including all value conclusions.

   (2)  Accompany the residential appraiser during the physical inspection of the property until the general appraiser determines the residential appraiser is competent under USPAP to perform the physical inspection unaccompanied.

   (3)  Co-sign the appraisal report as set forth in §  36.52 and specify in the appraisal report the nature of the significant real property appraisal assistance rendered by the residential appraiser.

   (4)  Provide the residential appraiser, at the time of application for general appraiser certification, with copies of designated appraisal reports requested by the Board to verify the residential appraiser’s experience.

   (5)  Jointly maintain an appraisal experience log with the general real estate appraiser on forms provided by the Board.

   (6)  Comply with the requirements in the AQB Qualification Criteria.

Authority

   The provisions of this §  36.54 issued 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 section 3, 4(d) and 12 of the Assessors Certification Act (63 P.S. § §  458.3, 458.4(d) and 458.12); amended under the Real Estate Appraisers Certification Act (63 P.S. § §  457.1—457.19).

Source

   The provisions of this §  36.54 adopted July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956; amended November 1, 2019, effective November 2, 2019, 49 Pa.B. 6667. Immediately preceding text appears at serial pages (351321) to (351322).

MISCELLANEOUS PROVISIONS


§ 36.91. Reactivation of lapsed certification.

 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 Update 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).

Authority

   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).

Source

   The provisions of this §  36.91 adopted November 26, 1993, effective November 27, 1993, 23 Pa.B. 5637; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367. Immediately preceding text appears at serial pages (201933) to (201934).

Cross References

   This section cited in 49 Pa. Code §  43b.15 (relating to schedule of civil penalties—certified real estate appraisers—statement of policy).



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