PROPOSED RULEMAKING

STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS

[ 49 PA. CODE CH. 36 ]

Biennial License Fee for Licensed Appraiser Trainees

[43 Pa.B. 5827]
[Saturday, October 5, 2013]

 The State Board of Certified Real Estate Appraisers (Board) proposes to amend § 36.6 (relating to fees) to read as set forth in Annex A.

Effective Date

 The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin. It is anticipated that the biennial renewal fees for licensed appraiser trainees will be implemented with the June 30, 2015, biennial renewal.

Statutory Authority

 Section 5(6) of the Real Estate Appraisers Certification Act (act) (63 P. S. § 457.5(6)) authorizes the Board to establish fees for the operation of the Board, including fees for the issuance and renewal of certificates and licenses. Section 9 of the act (63 P. S. § 457.9) provides that fees established under the act shall be fixed by the Board by regulation.

Background and Need for Amendment

 The Board published a final-form rulemaking at 40 Pa.B. 3956 (July 17, 2010) establishing a regulatory scheme for the appraiser trainee license, which was added to the act by the act of July 8, 2008 (P. L. 833, No. 59) and the act of October 9, 2008 (P. L. 1380, No. 103). At that time, the Board established an initial application fee of $75 for the appraiser trainee license. However, although an appraiser trainee license may be renewed biennially up to four times, the Board did not establish a biennial renewal fee for this class of license at that time. The Board corrects that oversight in this proposed rulemaking.

Description of Proposed Amendments

 This rulemaking proposes to amend § 36.6 to establish a biennial renewal fee for licensed appraiser trainees at $150.

Fiscal Impact

 The proposed rulemaking will impact licensed appraiser trainees who elect to renew their licenses. There are currently 435 actively licensed appraiser trainees. Small businesses will be impacted to the extent that they elect to pay the fees on behalf of their licensed employees. The proposed rulemaking should not have other fiscal impact on the private sector, the general public or political subdivisions of this Commonwealth.

Paperwork Requirements

 The proposed rulemaking will require the Board to alter some of its forms to reflect the new fees. However, the proposed rulemaking will not create additional paperwork for the regulated community or for the private sector.

Sunset Date

 The act requires the Board to monitor its revenue and costs on a fiscal year and biennial basis. Therefore, a sunset date has not been assigned.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 20, 2013, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. A copy of this material is available to the public upon request.

 Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.

Public Comment

 Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Christopher K. McNally, Counsel, State Board of Certified Real Estate Appraisers, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference Regulation No. 16A-7020—Fees on comments.

PAUL C. KAUFMAN, 
Chairperson

 Fiscal Note: 16A-7020. No fiscal impact; (8) recommends adoption.

Annex A

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:

*  *  *  *  *

Licensed Appraiser Trainee

Application   $75

Biennial renewal  $150

[Pa.B. Doc. No. 13-1854. Filed for public inspection October 4, 2013, 9:00 a.m.]

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