GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

 

 

SESSION LAW 2007-506

SENATE BILL 1485

 

 

AN ACT Amending education requirements for real estate appraisers under the north carolina appraisers act, eliminating the category of licensed residential real estate appraiser, and Authorizing the north carolina appraisal board to establish and increase certain fees.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 93E-1-2.1 reads as rewritten:

"§ 93E-1-2.1.  Registration, license, or certificate required of real estate appraisers.

Beginning October 1, 1995, it shall beIt is unlawful for any person in this State to act as a real estate appraiser, to directly or indirectly engage or assume to engage in the business of real estate appraisal, or to advertise or hold himself or herself out as engaging in or conducting the business of real estate appraisal without first obtaining a registration, license, or certificate issued by the Appraisal Board under the provisions of this Chapter. It shall also beis also unlawful, with regard to any real property where any portion of that property is located within this State, for any person to perform any of the acts listed above without first being registered, licensed, or certified by the Appraisal Board under the provisions of this Chapter."

SECTION 2.  G.S. 93E-1-3 reads as rewritten:

"§ 93E-1-3.  When registration, license, or certificate not required.

(a)       No trainee registration, license, or certificate shall be issued under the provisions of this Chapter to a partnership, association, corporation, firm, or group. However, nothing herein shall preclude a registered trainee, State-licensed or State-certifiedtrainee or licensed or certified real estate appraiser from rendering appraisals for or on behalf of a partnership, association, corporation, firm, or group, provided the appraisal report is prepared by a State-licensed or State-certifiedlicensed or certified real estate appraiser or by a registered trainee under the immediate personal direction of, the State-licensed or State-certifiedlicensed or certified real estate appraiser and is reviewed and signed by that State-licensed or State-certifiedlicensed or certified appraiser.

(b)       Repealed by Session Laws 2001-399, s. 1.

(c)       Nothing in this Chapter shall preclude a real estate broker or salesmanlicensed under Chapter 93A of the General Statutes from performing a comparative market analysis as defined in G.S. 93E-1-4, provided the person does not represent himself or herself as being a registered trainee or a State-licensed or State-certifiedlicensed or certified real estate appraiser. A real estate broker or salesperson may perform a comparative market analysis for compensation or other valuable consideration only for prospective or actual brokerage clients or for real property involved in an employee relocation program.

(d)       Nothing in this Chapter shall abridge, infringe upon, or otherwise restrict the right to use the term "certified ad valorem tax appraiser" or any similar term by persons certified by the Department of Revenue to perform ad valorem tax appraisals, provided that the term is not used in a manner that creates the impression of certification by the State to perform real estate appraisals other than ad valorem tax appraisals.

(e)       Nothing in this Chapter shall entitle a registered trainee or a State-licensed or State-certifiedlicensed or certified real estate appraiser to appraise real estate for ad valorem tax purposes unless the person has first been certified by the Department of Revenue pursuant to G.S. 105-294.

(f)        A trainee registration, license, or certificate is not required under this Chapter for:

(1)       Any person, partnership, association, or corporation that performs appraisals of property owned by that person, partnership, association, or corporation for the sole use of that person, partnership, association, or corporation;

(2)       Any court-appointed commissioner who conducts an appraisal pursuant to a judicially ordered evaluation of property;

(3)       Any person to qualify as an expert witness for court or administrative agency testimony, if otherwise qualified;

(4)       A person who appraises standing timber so long as the appraisal does not include a determination of value of any land;

(5)       Any person employed by a lender in the performance of appraisals with respect to which federal regulations do not require a licensed or certified appraiser; and

(6)       A person who performs ad valorem tax appraisals and is certified by the Department of Revenue under G.S. 105-294 or G.S. 105-296;

however, any person who is registered, licensed, or certified under this Chapter and who performs any of the activities set forth in subdivisions (1) through (5) of this subsection must comply with all of the provisions of this Chapter."

SECTION 3.  G.S. 93E-1-3.1 reads as rewritten:

"§ 93E-1-3.1.  Prohibited use of title; permissible use of title.

(a)       It shall be unlawful for any person to assume or use the title "registered trainee", "State-licensed"licensed real estate appraiser", "State-certified"certified real estate appraiser", or any title, designation, or abbreviation likely to create the impression of registration, licensure, or certification as a real estate appraiser, unless the person is registered, licensed, or certified by the Appraisal Board in accordance with the provisions of this Chapter. The Board may adopt for the exclusive use of persons licensed or certified under the provisions of this Chapter, a seal, symbol, or other mark identifying the user as a State-licensed or State-certifiedlicensed or certified real estate appraiser.

(b)       Any person certified as a real estate appraiser by an appraisal trade organization shall retain the right to use the term "certified" or any similar term in identifying the person to the public, provided that:

(1)       In each instance wherein the term is used, the name of the certifying organization or body is prominently and conspicuously displayed immediately adjacent to the term; and

(2)       The use of the term does not create the impression of certification by the State.

This subsection does not entitle any person certified only by a trade organization to conduct an appraisal that requires a State registration, license, or certification.

(c)       The term "registered trainee", "State-licensed"licensed real estate appraiser", "State-certified"certified real estate appraiser", or any similar term shall not be used following or immediately in connection with the name of a partnership, association, corporation, or other firm or group, or in a manner that might create the impression of registration, licensure, or certification as a real estate appraiser under this Chapter."

SECTION 4.  G.S. 93E-1-4 reads as rewritten:

"§ 93E-1-4.  Definitions.

When used in this Chapter, unless the context otherwise requires, the term:

(1)       "Appraisal" or "real estate appraisal" means an analysis, opinion, or conclusion as to the value of identified real estate or specified interests therein performed for compensation or other valuable consideration.

(2)       "Appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased appraisal.

(3)       "Appraisal Board" or "Board" means the North Carolina Appraisal Board established under G.S. 93E-1-5.

(4)       "Appraisal Foundation" or "Foundation" means The Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois.

(5)       "Appraisal report" means any communication, written or oral, of an appraisal.

(6)       "Certificate" means that document issued by the North Carolina Appraisal Board evidencing that the person named therein has satisfied the requirements for certification as a State-certifiedcertified real estate appraiser and bearing a certificate number assigned by the Board.

(7)       "Certificate holder" means a person certified by the Board under the provisions of this Chapter.

(7a)     "Certified general real estate appraiser" means a person who holds a current, valid certificate as a certified general real estate appraiser issued under the provisions of this Chapter.

(7b)     "Certified residential real estate appraiser" means a person who holds a current, valid certificate as a certified residential real estate appraiser issued under the provisions of this Chapter.

(7a)(7c)    "Comparative market analysis" means the analysis of sales of similar recently sold properties in order to derive an indication of the probable sales price of a particular property by a licensed real estate broker or salesperson.broker.

(8)       "License" means that document issued by the North Carolina Appraisal Board evidencing that the person named therein has satisfied the requirements for licensure as a State-licensedlicensed real estate appraiser and bearing a license number assigned by the Board.

(8a)     "Licensed residential real estate appraiser" means a person who holds a current, valid license as a licensed residential real estate appraiser issued under the provisions of this Chapter.

(9)       "Licensee" means a person licensed by the Board under the provisions of this Chapter.

(10)     "Real estate" or "real property" means land, including the air above and ground below and all appurtenances and improvements thereto, as well as any interest or right inherent in the ownership of land.

(11)     "Real estate appraiser" or "appraiser" means a person who for a fee or valuable consideration develops and communicates real estate appraisals or otherwise gives an opinion of the value of real estate or any interest therein.

(12)     "Real estate appraising" means the practice of developing and communicating real estate appraisals.

(13)     "Residential real estate" means any parcel of real estate, improved or unimproved, that is exclusively residential in nature and that includes or is intended to include a residential structure containing not more than four dwelling units and no other improvements except those which are typical residential improvements that support the residential use for the location and property type. A residential unit in a condominium, town house, or cooperative complex, or planned unit development is considered to be residential real estate.

(14)     "State-certified general real estate appraiser" means a person who holds a current, valid certificate as a State-certified general real estate appraiser issued under the provisions of this Chapter.

(15)     "State-certified residential real estate appraiser" means a person who holds a current, valid certificate as a State-certified residential real estate appraiser issued under the provisions of this Chapter.

(16)     "State-licensed residential real estate appraiser" means a person who holds a current, valid license as a State-licensed residential real estate appraiser issued under the provisions of this Chapter.

(17)     "Temporary appraiser licensure or certification" means the issuance of a temporary license or certificate by the Board to a person licensed or certified in another state who enters this State for the purpose of completing a particular appraisal assignment.

(18)     "Trainee", "registered trainee", or "trainee real estate appraiser" means a person who holds a current, valid registration as a trainee real estate appraiser issued under the provisions of this Chapter.

(19)     "Trainee registration" or "registration as a trainee" means the document issued by the North Carolina Appraisal Board evidencing that the person named therein has satisfied the requirements of registration as a trainee real estate appraiser and bearing a registration number assigned by the Board."

SECTION 5.  G.S. 93E-1-6 reads as rewritten:

"§ 93E-1-6.  Qualifications for State registration, licensure, and certification; applications; application fees; examinations.

(a)       Any person desiring to be registered as a trainee or to obtain licensure as a State-licensedlicensed real estate appraiser or certification as a State-certifiedcertified real estate appraiser shall make written application to the Board on the forms as are prescribed by the Board setting forth the applicant's qualifications for registration, licensure, or certification. Each applicant shall satisfy the following qualification requirements:

(1)       Each applicant for registration as a trainee must demonstrate to the Board that the applicant possesses the knowledge and competence necessary to perform appraisals of real property, by having satisfactorily completed within the five-year period immediately preceding the date application is made, a course approved by the Board of instructionof instruction, approved by the Board, in real estate appraisal principles and practices consisting of at least 90 hours or the minimum requirement as imposed by the federal government, whichever is greater, of classroom instruction in subjects determined by the Board; and by satisfying any additional qualification the Board imposes by rule, not inconsistent with any requirements imposed by the federal government.Appraisal Foundation.

(1a)     Each applicant for licensure as a State-licensedlicensed residential real estate appraiser shall have demonstrated that the applicant possesses the knowledge and competence necessary to perform appraisals of real property by having satisfactorily completed within the five-year period immediately preceding the date application is made a course approved by the Board of instructionof instruction, approved by the Board, in real estate appraisal principles and practices consisting of at least 90 150 hours or the minimum requirement as imposed by the federal government, whichever is greater, of classroom instruction in subjects determined by the Board; shall present evidence satisfactory to the Board of at least 2,000 hours or the minimum requirement as imposed by the federal government,Appraisal Foundation, whichever is greater, of experience in real estate appraising; and shall satisfy the additional qualifications as may be imposed by the Board by rule, not inconsistent with any requirements imposed by the federal government;Appraisal Foundation; or shall possess education or experience which is found by the Board in its discretion to be equivalent to the above requirements.

(2)       Each applicant for certification as a State-certifiedcertified residential real estate appraiser shall have demonstrated that the applicant possesses the knowledge and competence necessary to perform appraisals of real property as the Board may prescribe by having satisfactorily completed, within the five-year period immediately preceding the date the application is made, a course approved by the Board of instructionof instruction, approved by the Board, in real estate appraisal principles and practices consisting of at least 120 200 hours, or the minimum requirement as imposed by the federal government,Appraisal Foundation, whichever is greater, of classroom instruction in subjects determined by the Board; shall present evidence satisfactory to the Board of at least 2,500 hours, or the minimum requirement as imposed by the federal government,Appraisal Foundation, whichever is greater, of experience in real estate appraising within the five-year period immediately preceding the date application is made, and over a period of at least two calendar years; and shall satisfy the additional qualifications criteria as may be imposed by the Board by rule, not inconsistent with any requirements imposed by the federal government;Appraisal Foundation; or shall possess education and experience which is found by the Board in its discretion to be equivalent to the above requirements.

(3)       Each applicant for certification as a State-certifiedcertified general real estate appraiser shall have demonstrated that the applicant possesses the knowledge and competence necessary to perform appraisals of all types of real property by having satisfactorily completed, within the five-year period immediately preceding the date application is made, a course approved by the Board of instructionof instruction, approved by the Board, in general real estate appraisal practices consisting of at least 180 hours 300 hours, or the minimum requirement as imposed by the federal government,Appraisal Foundation, whichever is greater, of classroom instruction in subjects determined by the Board; shall present evidence satisfactory to the Board of at least 3,000 hours or the minimum requirement as imposed by the federal government,Appraisal Foundation, whichever is greater, of experience in real estate appraising within the five-year period immediately preceding the date application is made, and over a period of at least two and one-half calendar years, fifty percent (50%) of which must be in appraising nonresidential real estate; and shall satisfy the additional qualifications criteria as may be imposed by the Board by rule, not inconsistent with any requirements imposed by the federal government;Appraisal Foundation; or the applicant shall possess education or experience which is found by the Board in its discretion to be equivalent to the above requirements.

(4)       Repealed by Session Laws 2001-399, s. 1.

(b)       Each application for registration as a trainee or for State licensure or certification as a real estate appraiser shall be accompanied by a fee of one hundred fifty dollars ($150.00),two hundred dollars ($200.00), plus any additional fee as may be necessary to defray the cost of any competency examination administered by a private testing service.

(c)       Any person who files with the Board an application for State registration, licensure, or certification as a real estate appraiser shall be required to pass an examination to demonstrate the person's competence. The Board shall also make an investigation as it deems necessary into the background of the applicant to determine the applicant's qualifications with due regard to the paramount interest of the public as to the applicant's competency, honesty, truthfulness, and integrity. All applicants shall obtain criminal record reports from one or more reporting services designated by the Board to provide criminal record reports. Applicants are required to pay the designated reporting service for the cost of the reports. In addition, the Board may investigate and consider whether the applicant has had any disciplinary action taken against any other professional license in North Carolina or any other state, or if the applicant has committed or done any act which, if committed or done by any real estate trainee or appraiser, would be grounds under the provisions hereinafter set forth for disciplinary action including the suspension or revocation of registration, licensure, or certification, or whether the applicant has been convicted of or pleaded guilty to any criminal act. If the results of the investigation shall be satisfactory to the Board, and the applicant is otherwise qualified, then the Board shall issue to the applicant a trainee registration, license or certificate authorizing the applicant to act as a registered trainee real estate appraiser, State-licensedlicensed real estate appraiser, or a State-certifiedcertified real estate appraiser in this State.

(d)       If the applicant has not affirmatively demonstrated that the applicant meets the requirements for registration, licensure, or certification, action on the application will be deferred pending a hearing before the Board."

SECTION 6.  Effective January 1, 2008, G.S. 93E-1-6, as amended by Section 5 of this act, reads as rewritten:

"§ 93E-1-6.  Qualifications for registration and certification; applications; application fees; examinations.

(a)       Any person desiring to be registered as a trainee or to obtain certification as a certified real estate appraiser shall make written application to the Board on the forms as are prescribed by the Board setting forth the applicant's qualifications for registration or certification. Each applicant shall satisfy the following qualification requirements:

(1)       Each applicant for registration as a trainee mustshall:

a.         Have obtained a high school diploma or its equivalent; and

b.         demonstrate Demonstrate to the Board that the applicant possesses the knowledge and competence necessary to perform appraisals of real property, by by: (i) having satisfactorily completed within the five-year period immediately preceding the date application is made, a course of instruction, approved by the Board, in real estate appraisal principles and practices consisting of at least 90 hours of classroom instruction in subjects determined by the Board; and by (ii) satisfying any additional qualification the Board imposes by rule, not inconsistent with any requirements imposed by the Appraisal Foundation.

(1a)     Each applicant for licensure as a licensed residential real estate appraiser shall have demonstrated that the applicant possesses the knowledge and competence necessary to perform appraisals of real property by having satisfactorily completed within the five-year period immediately preceding the date application is made a course of instruction, approved by the Board, in real estate appraisal principles and practices consisting of at least 150 hours of classroom instruction in subjects determined by the Board; shall present evidence satisfactory to the Board of at least 2,000 hours or the minimum requirement as imposed by the Appraisal Foundation, whichever is greater, of experience in real estate appraising; and shall satisfy the additional qualifications as may be imposed by the Board by rule, not inconsistent with any requirements imposed by the Appraisal Foundation; or shall possess education or experience which is found by the Board in its discretion to be equivalent to the above requirements.

(2)       Each applicant for certification as a certified residential real estate appraiser shall have demonstrated shall:

a.         Hold an associate's degree or higher from an accredited college, junior college, community college, or university; or have a high school diploma or its equivalent and have successfully completed at least 21 semester credit hours of college courses from an accredited college, junior college, community college, or university in English composition, principles of economics, finance, higher mathematics, such as geometry or algebra, statistics, introduction to computers, and business or real estate law;

b.         Demonstrate that the applicant possesses the knowledge and competence necessary to perform appraisals of real property as the Board may prescribe by having satisfactorily completed, within the five-year period immediately preceding the date the application is made, a course of instruction, approved by the Board, in real estate appraisal principles and practices consisting of at least 200 hours, or the minimum requirement as imposed by the Appraisal Foundation, whichever is greater, of classroom instruction in subjects determined by the Board;shall presenthours;

c.         Present evidence satisfactory to the Board of at least 2,500 hours, or the minimum requirement as imposed by the Appraisal Foundation, whichever is greater, of experience in real estate appraising within the five-year period immediately preceding the date application is made, and over a period of at least two calendar years; and shall satisfy

d.         Satisfy the additional qualifications criteria as may be imposed by the Board by rule, not inconsistent with any requirements imposed by the Appraisal Foundation; or

e.         shall possessPossess education and experience which is found by the Board in its discretion to be equivalent to the above requirements.

(3)       Each applicant for certification as a certified general real estate appraiser shall have demonstratedshall:

a.         Hold a bachelor's degree or higher from an accredited college or university; or have a high school diploma or its equivalent and have successfully completed at least 30 semester credit hours of college courses from an accredited college or university in English composition, macroeconomics and microeconomics, finance, higher mathematics, such as geometry or algebra, statistics, introduction to computers, and business or real estate law and two elective courses in accounting, geography, business management, or real estate;

b.         Demonstrate that the applicant possesses the knowledge and competence necessary to perform appraisals of all types of real property by having satisfactorily completed, within the five-year period immediately preceding the date application is made, a course of instruction, approved by the Board, in general real estate appraisal practices consisting of at least 300 hours, or the minimum requirement as imposed by the Appraisal Foundation, whichever is greater, of classroom instruction in subjects determined by the Board; shall presenthours;

c.         Present evidence satisfactory to the Board of at least 3,000 hours or the minimum requirement as imposed by the Appraisal Foundation, whichever is greater, of experience in real estate appraising within the five-year period immediately preceding the date application is made, and over a period of at least two and one-half calendar years, fifty percent (50%) of which must be in appraising nonresidential real estate; and shall satisfy

d.         Satisfy the additional qualifications criteria as may be imposed by the Board by rule, not inconsistent with any requirements imposed by the Appraisal Foundation; or

e.         the applicant shall possessPossess education or experience which is found by the Board in its discretion to be equivalent to the above requirements.

(4)       Repealed by Session Laws 2001-399, s. 1.

(b)       Each application for registration as a trainee or for licensure or certification as a real estate appraiser shall be accompanied by a fee of two hundred dollars ($200.00), plus any additional fee as may be necessary to defray the cost of any competency examination administered by a private testing service.

(c)       Any person who files with the Board an application for State registration, licensure,registration or certification as a real estate appraiser shall be required to pass an examination to demonstrate the person's competence. The Board shall also make an investigation as it deems necessary into the background of the applicant to determine the applicant's qualifications with due regard to the paramount interest of the public as to the applicant's competency, honesty, truthfulness, and integrity. All applicants shall obtain criminal record reports from one or more reporting services designated by the Board to provide criminal record reports. Applicants are required to pay the designated reporting service for the cost of the reports. In addition, the Board may investigate and consider whether the applicant has had any disciplinary action taken against any other professional license in North Carolina or any other state, or if the applicant has committed or done any act which, if committed or done by any real estate trainee or appraiser, would be grounds under the provisions hereinafter set forth for disciplinary action including the suspension or revocation of registration, licensure, or certification, or whether the applicant has been convicted of or pleaded guilty to any criminal act. If the results of the investigation shall be satisfactory to the Board, and the applicant is otherwise qualified, then the Board shall issue to the applicant a trainee registration, licenseregistration or certificate authorizing the applicant to act as a registered trainee real estate appraiser, State-licensed real estate appraiser, or a State-certifiedappraiser or certified real estate appraiser in this State.

(d)       If the applicant has not affirmatively demonstrated that the applicant meets the requirements for registration, licensure,registration or certification, action on the application will be deferred pending a hearing before the Board."

SECTION 7.  G.S. 93E-1-6.1 reads as rewritten:

"§ 93E-1-6.1.  Trainee supervision.

All trainees shall perform all real estate appraisal-related activities under the immediate, active, and personal supervision of a State-licensed or State-certifiedlicensed or certified real estate appraiser. All appraisal reports must be signed by the State-licensed or State-certified appraiser who supervised the trainee. By signing the appraisal report, the State-licensed or State-certified appraiser accepts shared responsibility, with the trainee, for the content of and conclusions in the report."

SECTION 8.  G.S. 93E-1-7 reads as rewritten:

"§ 93E-1-7.  Registration, license and certificate renewal; renewal fees; continuing education; reinstatement; replacement registrations, licenses and certificates; registration, licensure, and certification history; address changes.

(a)       Trainee registrations, licenses, and certificates issued under this Chapter shall expire on the 30th day of June of every year and shall become invalid after that date unless renewed prior to the expiration date by filing an application with and paying to the Executive Director of the Board the fee of two hundred dollars ($200.00). As a prerequisite to the renewal of a trainee registration or a real estate appraiser license or certificate, the trainee registration holder, the licensee, or the certificate holder must satisfy any continuing education requirements that may be prescribed by the Board under subsection (b) of this section. The members of the General Assembly are exempt from this requirement and any education program regarding trainee supervision during their term of office. The Board may adopt rules establishing a system of trainee registration, license, and certificate renewal in which trainee registrations, licenses, and certificates expire annually with varying expiration dates.

(b)       The Board may by rule require, as a prerequisite to trainee registration, license, or certificate renewal, the completion of Board-approved education courses in subject matters determined by the Board, or courses determined by the Board to be equivalent to the instruction, not inconsistent with any requirements of federal authorities.

(b1)     Course sponsors shall pay to the Board a fee of five dollars ($5.00) for each licensee completing an approved continuing education course conducted by the sponsor.

(b2)     The Board shall not charge a course application fee, a course renewal fee, or any other fee for a continuing education course offered by a North Carolina college, university, junior college, or community or technical college accredited by the Southern Association of Colleges and Schools or an agency of the federal, State, or local government.

(c)       All trainee registrations, licenses, and certificates reinstated after the expiration dates shall be subject to a late filing fee of five dollars ($5.00)ten dollars ($10.00) per month for each month or part thereof that the trainee registration, license, or certificate is lapsed, not to exceed sixty dollars ($60.00).one hundred twenty dollars ($120.00). The late filing fee shall be in addition to the required renewal fee. In the event a trainee, licensee, or certificate holder fails to reinstate the trainee registration, license, or certificate within 12 months after the expiration date thereof, the Board may, in its discretion, consider the person as not having been previously registered, licensed, or certified, and thereby subject to the provisions of this Chapter relating to the issuance of an original trainee registration, license, or certificate, including the examination requirements set forth herein. Applications to reinstate trainee registrations, licenses, or certificates expired for 12 or more months shall be accompanied by the fee required for an original trainee registration, license, or certificate.

(d)       Replacement trainee registrations, licenses, and certificates may be issued by the Board upon payment of five dollars ($5.00)ten dollars ($10.00) by the trainee, licensee, or certificate holder. Certification by the Board of the trainee registration history or the licensure or certification history of a person registered, licensed, or certified under this Chapter shall be made only after the payment of a fee of ten dollars ($10.00) to the Board."

SECTION 9.  G.S. 93E-1-8 reads as rewritten:

"§ 93E-1-8.  Education program approval and fees.

(a)       The Board may by rule prescribe minimum standards for the approval and renewal of approval of schools and other course sponsors and their instructors to conduct appraiser prelicensing and precertification courses required by G.S. 93E-1-6(a). Such standards may address subject matter, program structuring, instructional materials, requirements for satisfactory course completion, instructors' qualifications, and other related matters relevant to the provision of such courses in a manner that best serves the public interest. The standards may require that schools and course sponsors obtain approval for the content of prelicensing and precertification courses from the Appraiser Qualifications Board of the Appraisal Foundation as part of the application process with the Appraisal Board and pay any fees directly to the Appraiser Qualifications Board as required by the Appraiser Qualifications Board for the approval.

(b)       The Board may by rule set nonrefundable fees chargeable to private real estate appraisal schools or course sponsors, including appraisal trade organizations, for the approval and annual renewal of approval of their prelicensing and precertification courses required by G.S. 93E-1-6(a), or equivalent courses. Such The fees shall be forty dollars ($40.00)one hundred dollars ($100.00) per course for approval and twenty dollars ($20.00) per course for renewal of approval of private school courses, and three hundred dollars ($300.00) per course for approval and fifty dollars ($50.00) per course for renewal of approval for course sponsors, including appraisal trade organizations.approval. No fees shall be charged for the approval or renewal of approval to conduct appraiser prelicensing or precertification courses where such courses are offered by a North Carolina college, university, junior college, or community or technical college accredited by the Southern Association of Colleges and Schools, or an agency of the federal, State, or local government.

(c)       The Board may by rule prescribe minimum standards for the approval and annual renewal of approval of schools and other course sponsors and their instructors to conduct appraiser continuing education courses. Such standards may address subject matter, instructional materials, requirements for satisfactory course completion, minimum course length, instructors' qualifications, and other related matters relevant to the provision of such courses in a manner that best serves the public interest.

(d)       Nonrefundable fees of one hundred dollars ($100.00) per course may be charged to schools and course sponsors for the approval to conduct appraiser continuing education courses and fifty dollars ($50.00) per course for renewal of approval. However, no fees shall be charged for the approval or renewal of approval to conduct appraiser continuing education courses where such courses are offered by a North Carolina college, university, junior college, or community or technical college accredited by the Southern Association of Colleges and Schools, or by an agency of the federal, State, or local government. A nonrefundable fee of fifty dollars ($50.00) per course may be charged to current or former licensees or certificate holders requesting approval by the Board of a course for continuing education credit when approval of such course has not been previously obtained by the offering school or course sponsor."

SECTION 10.  G.S. 93E-1-12(a) reads as rewritten:

"(a)      The Board may take disciplinary action against registered trainees and State-licensed or State-certified real estate appraisers. Upon its own motion or the complaint of any person, the Board may investigate the actions of any person registered as a trainee or licensed or certified as a real estate appraiser under this Chapter, any person who performs appraisals without an appropriate registration, license, or certificate, or any person who holds himself or herself out to be registered as a trainee or licensed or certified as a real estate appraiser when the person holds no registration, license, or certificate. If the Board finds probable cause to believe that a person registered as a trainee or licensed or certified as a real estate appraiser under this Chapter has violated any of the provisions of this Chapter, the Board may hold a hearing on the allegations of misconduct.

The Board may suspend or revoke the registration, license, or certificate granted to any person under the provisions of this Chapter or reprimand any registered trainee, licensee, or certificate holder if, following a hearing or by consent, the Board finds the registered trainee, licensee, or certificate holder to have:

(1)       Procured registration, licensure, or certification pursuant to this Chapter by making a false or fraudulent representation;

(2)       Made any willful or negligent misrepresentation or any willful or negligent omission of material fact;

(3)       Accepted an appraisal assignment when the employment is contingent upon the appraiser reporting a predetermined result, analysis, or opinion, or when the fee to be paid for the performance of the appraisal assignment is contingent upon the opinion, conclusion, or valuation reached or upon consequences resulting from the appraisal assignment;

(4)       Acted or held himself or herself out as a registered trainee or a State-licensed or State-certifiedlicensed or certified real estate appraiser when not so registered, licensed, or certified;

(5)       Failed as a State-licensed or State-certifiedlicensed or certified real estate appraiser to actively and personally supervise any person not licensed or certified under this Chapter who assists the State-licensed or State-certifiedlicensed or certified real estate appraiser in performing real estate appraisals;

(6)       Failed to make available to the Board for its inspection without prior notice, originals or true copies of all written contracts engaging the person's services to appraise real property, and all reports and supporting data assembled and formulated by the appraiser in preparing the reports;

(7)       Paid a fee or valuable consideration to any person for acts or services performed in violation of this Chapter;

(8)       Acted as a real estate appraiser in an unworthy or incompetent manner as to endanger the interest of the public;

(9)       Violated any of the standards of practice for real estate appraisers or any other rule promulgated by the Board;

(10)     Performed any other act which constitutes improper, fraudulent, or other dishonest conduct; or

(11)     Violated any of the provisions of this Chapter.

The Executive Director of the Board shall transmit a certified copy of all final orders of the Board suspending or revoking registrations, licenses, or certificates issued under this Chapter to the clerk of superior court of the county in which the licensee or certificate holder maintains the person's principal place of business. The clerk shall enter these orders upon the judgment docket of the county."

SECTION 11.  G.S. 93E-1-12(c) reads as rewritten:

"(c)      When a person registered as a trainee or licensed or certified as a real estate appraiser under this Chapter is accused of any act, omission, or misconduct which would subject the person to disciplinary action, the registered trainee, licensee, or certificate holder, with the consent and approval of the Board, may surrender his or her registration, license, or certificate and all the rights and privileges pertaining to it for a period of time established by the Board.Board of at least five years. A person who surrenders his or her registration, license, or certificate shall not thereafter be eligible for or submit any application for registration, licensure, or certification as a real estate appraiser during the period that the registration, license, or certificate is surrendered."

SECTION 12.  After January 1, 2008, the North Carolina Appraisal Board will no longer issue a license for a licensed residential real estate appraiser. Any individual holding a license as a licensed residential real estate appraiser on that date shall be allowed to maintain the license so long as it is properly renewed in accordance with G.S. 93E-1-7.


SECTION 13.  Section 6 of this act becomes effective January 1, 2008, and applies to any person applying under this section on or after that date.  The remainder of this act becomes effective October 1, 2007, and applies to applicants for registration, licensure, or certification under this act and to persons whose registration, license, or certification is renewed under this act on or after October 1, 2007.

In the General Assembly read three times and ratified this the 2nd day of August, 2007.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 1:04 p.m. this 30th day of August, 2007