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PA Bulletin, Doc. No. 96-1789

RULES AND REGULATIONS

STATE BOARD OF CERTIFIED REAL ESTATE
APPRAISERS

[49 PA. CODE CH. 36]

Examination Fees

[26 Pa.B. 5103]

   The State Board of Certified Real Estate Appraisers (Board) amends § 36.6 (relating to fees) pertaining to increased fees for January 1997 and subsequent examinations for certification of real estate appraisers to read as set forth in Annex A.

   Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a), examinations for certification shall be prepared and administered by a professional testing organization under contract to the appropriate board. The Board is under contract with Assessment Systems, Inc. Contract costs for examination services will increase beginning January 1997. This amendment will change fees for examinations to candidates for certification in accordance with the new contract costs.

   Public notice of intention to amend § 36.6 under procedures in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL), has been omitted under section 204(3) of the CDL (45 P. S. § 1204(3)), because the Board finds that these procedures are, under the circumstances, unnecessary. Public comment is unnecesary because section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination. Persons affected by this amendment have been given actual notice of the Board's intention to adopt this amendment in advance of final rulemaking under section 204(2) of the CDL.

Compliance with Executive Order 1996-1

   The Board reviewed this amendment and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1 (relating to regulatory review and promulgation). This amendment addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.

Statutory Authority

   This amendment is adopted under section 812.1 of The Administrative Code of 1929 and sections 5(6) and 9 of the Real Estate Appraisers Certification Act (63 P. S. §§ 457.5(6) and 457.9).

Fiscal Impact and Paperwork Requirements

   This amendment will have no fiscal impact on the Commonwealth or its political subdivisions. Candidates for the certification examination will be required to pay an increased fee to cover contract costs for the examination.

   This amendment will not create new paperwork requirements for the Commonwealth, its political subdivisions or the private sector.

Regulatory Review

   Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), a copy of this amendment was submitted on September 13, 1996, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. At the same time, a copy of this amendment was submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).

   Under section 5(c) of the Regulatory Review Act, this amendment was approved by the House Professional Licensure Committee on October 1, 1996, approved by the Senate Consumer Protection and Professional Committee on September 25, 1996, and approved by IRRC on October 3, 1996.

Additional Information

   Individuals who desire information are invited to submit inquiries to Shirley Klinger, Board Administrator, State Board of Certified Real Estate Appraisers, P. O. Box 2649, Harrisburg, PA 17105-2649. The telephone number of the Board is (717) 783-4866.

Findings

   The Board finds that:

   (1)  Public notice of intention to amend the regulation adopted by this order under the procedures in sections 201 and 202 of the CDL has been omitted under section 204(3) of the CDL because the Board has, for good cause, found that the procedures in sections 201 and 202 of the CDL are, in this circumstance, unnecessary, inasmuch as section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination.

   (2)  Persons affected by the amendment adopted by this order have been given actual notice of the Board's intention to amend the regulation in advance of final rulemaking under section 204(2) of the CDL.

   (3)  The amendment of the regulation of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.

Order

   The Board, acting under its authorizing statute, orders that:

   (a)  The regulations of the Board, 49 Pa. Code Chapter 36, are amended by amending § 36.6 to read as set forth in Annex A.

   (b)  The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.

   (c)  The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect January 2, 1997.

DAVID J. KING,   
Chairperson

   (Editor's Note:  A document amending § 36.6 appears at 26 Pa.B. 5104 (October 26, 1996).)

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 5181 (October 26, 1996).)

   Fiscal Note:  16A-705. No fiscal impact; (8) recommends adoption.

Annex

TITLE 49.  PROFESSIONAL AND
VOCATIONAL STANDARDS

PART I.  DEPARTMENT OF STATE

Subpart A.  PROFESSIONAL AND
OCCUPATIONAL AFFAIRS

CHAPTER 36.  STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS

Subchapter A.  GENERAL PROVISIONS

GENERAL PROVISIONS

§ 36.6.  Fees.

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

   Certification of scores $15
   Verification of certification $10
   Certified Real Estate Appraisers
   Application fee $55
   Examination fee $100
   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 fee $105
   Certified Pennsylvania Evaluators
   Application fee $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 fee $105
   Reciprocity certification fee $25
   Temporary practice registration fee $25
   Examination fee $200
[Pa.B. Doc. No. 96-1789. Filed for public inspection October 25, 1996, 9:00 a.m.]



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