RULES AND REGULATIONS
Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS
[ 49 PA. CODE CH. 36 ]
Deadline to Submit an Application for Certification
[42 Pa.B. 6541]
[Saturday, October 13, 2012]The State Board of Certified Real Estate Appraisers (Board) amends §§ 36.11 and 36.12 (relating to qualifications for certification as residential real estate appraiser; and qualifications for certification as general real estate appraiser) to read as set forth in Annex A.
Background and Purpose
Under section 6 of the Real Estate Appraisers Certification Act (act) (63 P. S. § 457.6), the Board is authorized to issue certificates to real estate appraisers that meet the minimum education and experience requirements established by the Appraiser Qualifications Board under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Pub. L. No. 101-73). The Board amended §§ 36.11 and 36.12 at 37 Pa.B. 3367 (July 21, 2007) to implement new Federally-mandated education criteria for the initial certification of residential real estate appraisers and general appraisers that would take effect in January 2008. At that time, the Board adopted a segmented approach to implementing the new education criteria so that those applicants who completed the less stringent education requirements prior to January 1, 2008, would have until January 1, 2012, to apply for certification. This provision was necessary to minimize potential disruptions to the career plans of applicants who were already taking steps to become certified. Once a candidate completed the educational requirement, he would then obtain an appraiser trainee license for the purpose of completing the experience requirements in §§ 36.11(e) and 36.12(e), that is, 2,500 hours of experience for residential appraisers and 3,000 hours of experience for general appraisers. Because there are not a minimum number of hours of experience that must be acquired in any given year, it can take a candidate many years to obtain the required experience after obtaining the required education before applying for an appraiser certificate. Thus, the Board determined that it should allow applicants up to 4 years to complete the necessary steps to become certified and set forth the January 1, 2012, deadline.
For a number of reasons, including budget constraints reducing the frequency of direct mailings to licensees, the elimination of the Board's annual hard copy newsletter in 2007 and changes in staff, the Board did not notify affected persons of the change in the educational requirements (other than the publication of the final-form rulemaking at 37 Pa.B. 3367) or the impending application deadline of January 1, 2012. After the deadline passed in January, the Board began to receive communications from affected individuals that had failed to meet the January 1, 2012, deadline and further requesting a waiver of the relevant provisions of the Board's regulations.
On February 9, 2012, in a public session, the Board considered these communications from interested persons and determined that the deadline for applying for certification, having met the then-existing educational requirements prior to January 1, 2008, should be extended until January 1, 2013. The Board made this determination in recognition of the fact that the Board had expressed its intentions to notify affected parties during the regulatory review process and failed to do so. At the February meeting, the Board authorized the publication of a statement of policy, extending the deadline. It was subsequently determined that a change to the regulation should be promulgated but that publication as proposed rulemaking was unnecessary under the circumstances for the reasons as follows. Therefore, at its meeting on May 10, 2012, the Board voted to proceed with this final-omitted rulemaking.
Omission of Proposed Rulemaking
Under section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204), known as the Commonwealth Documents Law (CDL), the Board is authorized to omit the procedures for proposed rulemaking in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) if the Board finds that the specified procedures are impracticable, unnecessary or contrary to the public interest.
The Board determined that publication of proposed rulemaking is unnecessary under the circumstances previously stated because applicants are not disadvantaged by an extension of the deadline under which to apply for certification, having met the less stringent educational requirements by January 1, 2008. In addition, the Board will provide actual notice to affected parties of the extension in three ways. The Board will place a notice of this extension on its web site through February 1, 2013. The Board will publish in its electronic newsletter distributed to subscribers a notice of the extension on or before October 1, 2012. The Board will mail a notice by first class mail of the change to each individual who is certified as a licensed appraiser trainee, certified residential real estate appraiser, certified general real estate appraiser or broker appraiser.
Description of Amendments
Sections 36.11 and 36.12 are amended to extend the deadline for applicants who had met the less stringent educational requirements prior to January 1, 2008, to apply for certification as a certified residential real estate appraiser or as a certified general real estate appraiser until January 1, 2013.
Statutory Authority
This final-omitted rulemaking is authorized by section 5(1) and (2) of the act (63 P. S. § 457.5(1) and (2)), which provides the general rulemaking authority of the Board and requires the Board to adopt and revise rules and regulations regarding qualifications of applicants.
Fiscal Impact and Paperwork Requirements
The final-omitted rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The impact on prospective certificateholders in the private sector will be beneficial. In general, the final-omitted rulemaking is expected to tend to reduce paperwork requirements upon the Commonwealth, its political subdivisions and the private sector, including certificateholders.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on August 13, 2012, the Board submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) and the House Professional Licensure Committee (HPLC). On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101—732-506).
Under section 5.1(j.2) of the Regulatory Review Act, on September 19, 2012, the final-omitted rulemaking was deemed approved by the HPLC and the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on September 20, 2012, and approved the final-omitted rulemaking.
Additional Information
For additional information about the final-omitted rulemaking, submit inquiries to Christopher McNally, Counsel, State Board of Certified Real Estate Appraisers, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7200.
Findings
The Board finds that:
(1) Public notice of the Board's intention to amend its regulations under the procedures in sections 201 and 202 of the CDL has been omitted under the authority of section 204 of the CDL because public comment is unnecessary under the circumstances.
(2) The amendment of the Board's regulations in the manner provided in this order is 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 §§ 36.11 and 36.12 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) 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 form and legality as required by law.
(c) 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 upon publication in the Pennsylvania Bulletin.
DANIEL A. BRADLEY,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 42 Pa.B. 6352 (October 6, 2012).)
Fiscal Note: 16A-7019. 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
QUALIFICATIONS FOR CERTIFICATION OR LICENSURE § 36.11. Qualifications for certification as residential real estate appraiser.
* * * * * (b) Appraisal classroom hours. Effective January 1, 2008, an applicant shall submit evidence to the Board of having completed 200 classroom hours in the appraisal curriculum set forth in subsection (c)(2). This requirement does not apply to an applicant who submits an otherwise qualifying application before January 1, 2013, that shows evidence of the applicant's having completed 120 classroom hours of courses related to real estate appraisal, including the 15-hour National USPAP Course or equivalent course approved by the AQB, together with coverage of the topics listed in subsection (c)(1), before January 1, 2008.
* * * * * § 36.12. Qualifications for certification as general real estate appraiser.
* * * * * (b) Appraisal classroom hours. Effective January 1, 2008, an applicant shall submit evidence to the Board of having completed 300 classroom hours in the appraisal curriculum set forth in subsection (c)(2). This requirement does not apply to an applicant who submits an otherwise qualifying application before January 1, 2013, that shows evidence of the applicant's having completed 180 classroom hours of courses related to real estate appraisal, including the 15-hour National USPAP Course or equivalent course approved by the AQB, together with coverage of the topics listed in subsection (c)(1), before January 1, 2008.
* * * * *
[Pa.B. Doc. No. 12-1994. Filed for public inspection October 12, 2012, 9:00 a.m.]
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