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PA Bulletin, Doc. No. 00-1318




[49 PA. CODE CH. 36]

Qualifications for Certification

[30 Pa.B. 3934]

   The State Board of Certified Real Estate Appraisers (Board), by this order, amends §§ 36.11 and 36.12 (relating to residential real estate appraiser; and general real estate appraiser) to read as proposed at 29 Pa.B. 5727 (November 6, 1999).

   The amendments (1) reflect revised Federal education and experience requirements for appraiser certification that became effective by operation of law under the Real Estate Appraisers Certification Act (REACA) (63 P. S. §§ 457.1--457.19), on January 1, 1998; (2) adopt the National Uniform Standards of Appraisal Practice as a mandatory course for appraiser certification; (3) track revised scope of practice language that was added to the REACA effective September 3, 1996; and (4) make editorial changes.

Statutory Authority

   Section 5(2) of the REACA (63 P. S. § 457.5(2)), authorizes the Board to adopt regulations necessary to carry out the provisions of the REACA.

Fiscal Impact and Paperwork Requirements

   The amendments will have no fiscal impact on the Commonwealth or its political subdivisions. While the amendments reflect increased education and experience requirements for applicants for residential or general certification, the amendments will have no fiscal impact on those applicants because the increased requirements have already taken effect by operation of law.

   The amendments will not create new paperwork requirements for the Commonwealth, its political subdivision or the private sector. Prior to January 1, 1998, the Board amended its application forms and instructions to reflect the increased education and experience requirements.

Compliance with Executive Order 1996-1

   In accordance with Executive Order 1996-1 (relating to regulatory review and promulgation), the Board solicited preproposal comments from the major trade associations representing the real estate appraising industry in this Commonwealth.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 6, 1999, the Board submitted a copy of proposed rulemaking, published at 29 Pa.B. 5727, following which the Board entertained public comment for 30 days. The Pennsylvania Association of Realtors submitted comments in support of the amendments.

   The amendments were reviewed during proposed rulemaking by the Independent Regulatory Review Commission (IRRC), the Senate Consumer Protection and Professional Licensure Committee, and the House Professional Licensure. None of these bodies recommended changes to the amendments.

   On May 3, 2000, the Board submitted proposed amendments to IRRC and the House and Senate Committees. Under authority of sections 5(g) and 5.1(d) of the Regulatory Review Act (71 P. S. §§ 745.5(g) and 745.5a(d)), the amendments were approved by the House Committee on May 16, 2000, deemed approved by the Senate Committee on May 23, 2000, and deemed approved by IRRC on May 24, 2000.

Additional Information

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


   The Board finds that:

   (1)  Public notice of the Board's intention to amend Chapter 36, by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The amendments adopted by this order are necessary and appropriate for the administration of the REACA.


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

   (a)  The regulations of the Board, 49 Pa. Code Chapter 36, are amended by amending §§ 36.11 and 36.12 to read as set forth at 29 Pa.B. 5727.

   (b)  The Board shall submit this order and 29 Pa.B. 5727 to the Office of Attorney General and the Office of General Counsel for approval as required by law.

   (c)  The Board shall certify this order and 29 Pa.B. 5727 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  The amendments shall take effect upon publication in the Pennsylvania Bulletin.


   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 30 Pa.B. 2965 (June 10, 2000).)

   Fiscal Note:  Fiscal Note 16A-7010 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 00-1318. Filed for public inspection August 4, 2000, 9:00 a.m.]

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