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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 338 |
REPRESENTATIVES BRITTON-ALLEN-BEATTY-BOYD-DePIERO-FORD-
HARTLEY-HARTNETT-JONES-R.MILLER-OLMAN-PADGETT-PATTON-SCHULER-
SULLIVAN-TERWILLEGER-D.MILLER-WILLIAMS-DISTEL-KRUPINSKI-VERICH-
ROBERTS-BARRETT-SYKES-SMITH
A BILL
To amend section 4763.05 of the Revised Code to require
real estate appraisers initially to complete a course on
federal, state, and municipal fair housing law
in order to be eligible for
certification or licensure as a real estate
appraiser.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4763.05 of the Revised Code be amended to
read as follows:
Sec. 4763.05. (A)(1) A person shall make application for
an initial state-certified general real estate appraiser
certificate, an initial state-certified residential
real estate appraiser certificate, an initial state-licensed
residential real estate
appraiser license, or an initial state-registered real estate
appraiser assistant registration in writing to the superintendent of real
estate
on a form the superintendent prescribes. The application shall
include the address of the applicant's principal place of
business and all other addresses at which the applicant
currently engages in
the business of preparing real estate appraisals and the address
of the applicant's current residence. The superintendent shall
retain the applicant's current residence address in a separate
record which shall not constitute a public record for purposes of
section 149.03 of the Revised Code. The application shall
indicate whether the applicant seeks certification as a general
real estate appraiser or as a residential real estate appraiser,
licensure as a residential real estate
appraiser, or registration as a real estate appraiser assistant
and be accompanied by the prescribed examination and
certification, registration, or licensure fees set forth in
section 4763.09 of
the Revised Code. The application also shall include a pledge,
signed by the applicant, that the applicant will comply with the
standards
set forth in this chapter and a statement that the applicant
understands the
types of misconduct for which disciplinary proceedings may be
initiated against the applicant pursuant to this chapter.
(2) For purposes of providing funding for the real estate
appraiser recovery fund established by section 4763.16 of the
Revised Code, the real estate appraiser board shall levy an
assessment against each person issued an initial certificate,
registration, or
license and against current licensees, registrants, and
certificate holders, as
required by board rule. The assessment is in addition to the
application and examination fees for initial applicants required
by division (A)(1) of this section and the renewal fees required
for current certificate holders, registrants, and licensees.
The
superintendent shall deposit the assessment into the state
treasury to the credit of the real estate appraiser recovery
fund. The assessment for initial certificate holders,
registrants, and
licensees shall be paid prior to the issuance of a certificate,
registration, or
license, and for current certificate holders,
registrants, and licensees, at
the time of renewal.
(B) An applicant for an initial general real estate appraiser
certificate shall possess at least thirty months of experience in real
estate appraisal, or any equivalent experience the board prescribes. An
applicant for a
residential real estate appraiser certificate or residential real
estate appraiser license
shall possess at least two years OF experience in real estate
appraisal, or any equivalent experience the board prescribes. In
addition to any other information required by the board, the
applicant shall furnish, under oath, a detailed listing of the
appraisal reports or file memoranda for each year for which
experience is claimed and, upon request of the superintendent or
the board, shall make available for examination a sample of the
appraisal reports prepared by the applicant in the course of
the applicant's practice.
(C)(1) Except as provided in division (C)(2) of this
section, an applicant for an initial certificate, registration,
or license shall
be at least eighteen years of age, honest, truthful, and of good
reputation and shall present satisfactory evidence to the
superintendent of the following, as
appropriate:
(a) If the applicant is seeking a state-certified general
real estate appraiser certificate, that the applicant has
successfully
completed at least one hundred sixty-five classroom hours
of courses
in subjects related to real estate appraisal, INCLUDING AT LEAST ONE
COURSE DEVOTED EXCLUSIVELY TO FEDERAL, STATE, AND MUNICIPAL FAIR HOUSING
LAW, presented by a
nationally recognized appraisal organization, an institution of
higher education, a proprietary school registered by the state
board of proprietary school registration, a state or federal
commission or agency, or any other organization that represents
the interests of financial institutions or real estate brokers,
appraisers, or agents and that provides appraisal education, plus
fifteen classroom hours related to standards of professional
practice and the provisions of this chapter;
(b) If the applicant is seeking a state-certified residential real estate
appraiser certificate, that the applicant has successfully completed at least
one hundred
five classroom hours of courses in subjects related to real estate
appraisal, INCLUDING AT LEAST ONE COURSE DEVOTED EXCLUSIVELY TO
FEDERAL, STATE, AND MUNICIPAL FAIR HOUSING LAW,
presented by a nationally recognized appraisal organization, an institution of
higher education, a proprietary school registered by the state board of
proprietary school registration, or any other organization that represents the
interests of financial institutions or real estate brokers, appraisers, or
agents and that provides appraisal education, plus fifteen classroom hours
related to standards of professional practice and the provisions of this
chapter;
(c) If the applicant is seeking a state-licensed
residential real estate appraiser license, that the applicant has
successfully completed at least seventy-five classroom
hours of courses
in subjects related to real estate appraisal, INCLUDING AT LEAST ONE
COURSE DEVOTED EXCLUSIVELY TO FEDERAL,
STATE, AND MUNICIPAL FAIR HOUSING LAW,
presented by a
nationally recognized appraisal organization, an institution of
higher education, a proprietary school registered by the state
board of proprietary school registration, a state or federal
commission or agency, or any other organization that represents
the interests of financial institutions or real estate brokers,
appraisers, or agents and that provides appraisal education, plus
fifteen classroom hours related to standards of professional
practice and the provisions of this chapter;
(d) If the applicant is seeking a state-registered real estate
appraiser assistant registration, that the applicant has successfully
completed at least seventy-five classroom
hours of courses in subjects related to real estate appraisal,
INCLUDING AT LEAST ONE COURSE DEVOTED EXCLUSIVELY TO FEDERAL,
STATE, AND MUNICIPAL FAIR HOUSING LAW,
presented by a nationally recognized appraisal
organization, an institution of higher education, a proprietary school
registered by the state board of proprietary school registration, or any other
organization that represents the interests of financial institutions or real
estate brokers, appraisers, or agents, and that provides appraisal education
that included at least fifteen classroom hours of
instruction related to standards of
professional practice and the requirements of this chapter and the rules
adopted under this chapter.
(2) Each person who files an application for an initial
certificate or license within one year of the date established by
the board as the first date on which applications will be
accepted under this section, which date shall be no later than
September 1, 1990, and who, at the time of filing that
application, does not satisfy the educational requirements for
the certification or licensure sought of either division
(C)(1)(a) or (b) of this section is exempt from those educational
requirements for the term of the initial certification or
licensure. In applying for a renewal certificate or license
pursuant to section 4763.06 of the Revised Code, a certificate
holder or licensee who was exempted from the educational
requirements of division (C)(1)(a) or (b) of this section when
applying for the initial certificate or license shall
present
satisfactory evidence to the superintendent that the certificate
holder or licensee has completed
the educational requirements for the certification or licensure
to be renewed of one of those divisions before the renewal
certificate or license may be issued.
(D) An applicant for an initial general real estate appraiser or
residential real estate appraiser certificate or residential real
estate appraiser license
shall take and successfully complete a written examination in
order to qualify for the certificate or license. The examination
shall require the applicant to demonstrate all of the following:
(1) Appropriate knowledge of technical terms commonly used
in or related to real estate appraising, appraisal report
writing, and the economic concepts applicable to real estate;
(2) Understanding of the principles of land economics,
real estate appraisal processes, and problems likely to be
encountered in gathering, interpreting, and processing of data in
carrying out appraisal disciplines;
(3) Understanding of the standards for the development and
communication of real estate appraisals as provided in this
chapter and the rules adopted thereunder;
(4) Knowledge of theories of depreciation, cost
estimating, methods of capitalization, direct sales comparison,
and the mathematics of real estate appraisal that are appropriate
for the certification or licensure for which the applicant has
applied;
(5) Knowledge of other principles and procedures as
appropriate for the certification or license;
(6) Basic understanding of real estate law;
(7) Understanding of the types of misconduct for which
disciplinary proceedings may be initiated against a certificate
holder and licensee.
(E)(1) A nonresident, natural person of this state who
has complied with this section may obtain a certificate,
registration, or
license. The board shall adopt rules relating to the
certification, registration, and licensure of a nonresident
applicant whose
state of residence the board determines to have certification,
registration, or
licensure requirements that are substantially similar to those
set forth in this chapter and the rules adopted thereunder.
(2) A nonresident appraiser may apply for, and the board
may issue, a temporary certificate or license if the board
determines that the state in which the nonresident appraiser is
licensed or certified has licensing or certification requirements
that are substantially similar to the certification or licensure
requirements set forth in this chapter and the rules adopted
thereunder.
The board shall adopt rules relating to the temporary
certification and licensure of nonresident appraisers. Each
temporary certificate and license issued by the board shall
identify the location of the real estate property to be appraised
and shall not authorize appraisal of more than one real estate
property located in this state. The board shall not issue more
than two temporary certificates or licenses in any one calendar
year to any one applicant.
(3) In addition to any other information required to be
submitted with the nonresident applicant's or appraiser's
application for a certificate, registration,
license, or
temporary certificate or license, each nonresident applicant or
appraiser shall submit a statement consenting to the service of
process upon the nonresident applicant or appraiser by means
of delivering that process to the
secretary of state if, in an action against the applicant,
certificate holder, registrant, or licensee arising from the
applicant's,
certificate holder's, registrant's, or licensee's activities as a
certificate
holder, registrant, or licensee, the plaintiff, in the exercise
of due
diligence, cannot effect personal service upon the applicant,
certificate holder, registrant, or licensee.
(F) The superintendent shall not issue a certificate, registration,
temporary certificate or license, or license to a corporation,
partnership, or association. This prohibition shall not be
construed to prevent a certificate holder or licensee from
signing an appraisal report on behalf of a corporation,
partnership, or association.
(G) Every person licensed, registered, or certified under this
chapter
shall notify the superintendent, on a form provided by the
superintendent, of a change in the address of the licensee's,
registrant's, or certificate holder's principal place of business or
residence within thirty days of the change. If a licensee's, registrant's, or
certificate holder's
license,
registration, or certificate is
revoked or not renewed, the licensee, registrant, or
certificate holder
immediately shall return the annual and any renewal
certificate,
registration, or license to the superintendent.
(H) The superintendent shall not issue a certificate, registration,
temporary certificate or license, or license to any person who
does not meet applicable minimum criteria for state certification,
registration, or licensure prescribed by federal law or rule.
Section 2. That existing section 4763.05 of the Revised Code is
hereby repealed.
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