Current through Register Vol. 54, No. 45, November 9, 2024
Section 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.(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.The provisions of this §36.11 adopted July 24, 1992, effective 7/25/1992, 22 Pa.B. 3864; amended December 3, 1993, effective 12/4/1993, 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 12/24/1994, 24 Pa.B. 6421; amended August 4, 2000, effective 8/5/2000, 30 Pa.B. 3934; amended July 20, 2007, effective 7/21/2007, 37 Pa.B. 3367; amended July 16, 2010, effective 7/17/2010, 40 Pa.B. 3956; amended October 12, 2012, effective 10/13/2012, 42 Pa.B. 6541; amended November 1, 2019, effective 11/2/2019, 49 Pa.B. 6667.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).
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).