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PA Bulletin, Doc. No. 96-1790

RULES AND REGULATIONS

STATE BOARD OF CERTIFIED REAL
ESTATE APPRAISERS

[49 PA. CODE CH. 36]

General Provisions

[26 Pa.B. 5104]

   The State Board of Certified Real Estate Appraisers (Board), adopts amendments to §§ 36.6 and 36.203 (relating to fees; and application process). The amendments are adopted as proposed at 25 Pa.B. 5614 (December 9, 1995).

   Consistent with the established procedures for certified real estate appraisers, the amendments address how long an approved application for the certified Pennsylvania evaluator examination (which authorizes an applicant to report for the certification examination at leisure) is valid, and how long an applicant (whose application has been disapproved) has to correct the deficiencies. The amendments also delete the reapplication fee of $35 at § 36.6 which is no longer necessary.

   Notice of proposed rulemaking was published at 25 Pa.B. 5614. Publication was followed by a 30-day public comment period during which the Board received no comments from the general public.

   Neither the House Professional Licensure Committee nor the Senate Consumer Protection and Professional Licensure Committee commented or objected to the amendments. By correspondence dated February 7, 1996, the Independent Regulatory Review Commission (IRRC) advised the Board that it had no objections, comments or suggestions to offer on the amendments.

Fiscal Impact

   The amendments should have no negative fiscal impact upon the Commonwealth, its political subdivisions or the general public.

Paperwork Requirements

   The amendments will impose additional paperwork requirements on applicants who fail to report for the certification examination within 1 year from the date of application approval. The amendments will also impose additional paperwork requirements on applicants who fail to correct deficiencies in their applications within 1 year from the date of application disapproval. These applicants will be required to submit a new application form to the Board.

Statutory Authority

   The amendments are proposed under the authority of section 3 of the Assessors Certification Act (act) (63 P. S. § 458.3), which empowers the Board to promulgate rules and regulations consistent with the statutes of the Commonwealth to administer and enforce the provisions of the act.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Board submitted a copy of the notice of proposed rulemaking, published at 25 Pa.B. 5614, to IRRC and to the Chairpersons of the House Professional Licensure Committee and the Senate Committee on Consumer Protection and Professional Licensure.

   Publication of the notice of proposed rulemaking was followed by a 30-day public comment period during which the Board received no written comments from the public. Subsequent to the close of the public comment period, IRRC advised the Board that it had no objections, comments or suggestions to offer on the amendments. Neither the House Committee nor the Senate Committee offered comments or objections regarding the amendments.

   These final-form regulations were approved by the House Committee on October 1, 1996, and by the Senate Committee on September 25, 1996. These amendments were deemed approved under section 5(b.3) of the Regulatory Review Act effective October 4, 1996.

Further Information

   Individuals who need information about the amendments may contact Cheryl Lyne, Board Administrator, State Board of Certified Real Estate Appraisers, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-4866.

Findings

   The Board finds that:

   (1)  Public notice of the Board's intention to adopt the regulations was 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 act.

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 and 36.203 to read as set forth at 25 Pa.B. 5614.

   (b)  The Board shall submit this order and 25 Pa.B. 5614 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 25 Pa.B. 5614 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall be effective upon publication in the Pennsylvania Bulletin.

DAVID J. KING,   
Chairperson

   (Editor's Note:  For the text of a document amending § 36.6 see 26 Pa.B. 5103 (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). The amendment of § 36.6 is incorporated in Annex A of this document.)

   Fiscal Note:  Fiscal Note 16A-703 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 96-1790. Filed for public inspection October 25, 1996, 9:00 a.m.]


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