RULES AND REGULATIONS
STATE BOARD OF CERTIFIED REAL
ESTATE APPRAISERS
[49 PA. CODE CH. 36]
General Provisions
[26 Pa.B. 5105] The State Board of Certified Real Estate Appraisers (Board) adopts amendments to Chapter 36, Subchapter C (relating to certified Pennsylvania evaluators), to read as set forth in Annex A.
The amendments define two phrases: (1) ''ad valorem taxation purposes'' and (2) ''real estate tax assessment.'' The phrase ''ad valorem taxation purposes'' is used in the statutory definition of ''assessor'' in sections 2 and 8(a) of the Assessors Certification Act (63 P. S. §§ 458.2 and 458.8(a)) (act), within the context of unlawful practices.The phrase ''real estate tax assessment'' appears in the Board's definition of ''ad valorem taxation purposes.''
The Board seeks to clarify with this amendment that assessors and revaluation company personnel who receive certification from the Board as a Pennsylvania evaluator may perform appraisals of real property only in limited circumstances, that is, for tax assessment/governmental purposes.
Notice of proposed rulemaking was published at 25 Pa.B. 5613 (December 9, 1995). 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 offered comments or objections regarding the amendments.
By correspondence dated February 7, 1996, the Independent Regulatory Review Commission (IRRC) offered two recommendations for the Board's consideration. First, IRRC recommended that the Board's definition for ''real estate tax assessment'' be revised to incorporate within the definition valuations placed on real property by contractors. IRRC suggested that the phrase be defined to mean: ''A valuation placed on real property for governmental purposes by a government employe or revaluation company personnel on contract with a government.'' The Board agrees with this suggestion and has revised the definition of ''real estate tax assessment,'' accordingly. Second, IRRC suggested that, in addition to the definitions, the Board add a ''scope'' section to Chapter 36 to clearly define the limitations of appraisal authority of certified Pennsylvania evaluators. IRRC noted that while the preamble explains that the definitions are necessary to appropriately define the scope of appraisal authority of a certified Pennsylvania evaluator, the definitions alone do not make that purpose readily clear. The Board also agrees with this suggestion.
In response to IRRC's latter suggestion, the Board has added § 36.204 to read ''Scope of Practice.'' Under this new section, the Board explains that assessors and revaluation company personnel who receive certification as a certified Pennsylvania evaluator may perform appraisals of real property only in limited circumstances, that is, for tax assessment/governmental purposes.
Finally, in line with the revisions made to the definition of ''real estate tax assessment,'' editorial changes have been made to the definition of ''ad valorem taxation purposes.'' The phrase ''governmental employe'' where it originally appeared in that definition has been changed to ''government employe.'' The word ''property'' has been changed to ''real property.''
Fiscal Impact
The amendments should have no negative fiscal impact upon the Commonwealth, its political subdivisions or the general public.
Paperwork Requirements
The amendments should not result in additional paperwork requirements.
Statutory Authority
The amendments are adopted under the authority of section 3 of the act (63 P. S. § 458.3). Section 3 of the act 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. 5613, to IRRC and to the Chairpersons of the House Committee and the Senate Committee.
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 submitted for the Board's consideration comments and suggestions regarding the amendments. The Board has incorporated IRRC's suggestions into this final rulemaking package.
These final-form regulations were approved by the the House on October 1, 1996, and by the Senate Committee on September 25, 1996. IRRC met on October 3, 1996, and approved the final-form regulations in accordance with section 5(c) of the Regulatory Review Act.
Further Information
Individuals who need information about the regulations 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 amendments 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 § 36.201 and adding § 36.204 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A 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 Annex A 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,
Chairman(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: Fiscal Note 16A-702 remains valid for the final adoption of the subject regulations.
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 C. CERTIFIED PENNSYLVANIA EVALUATORS
GENERAL PROVISIONS § 36.201. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Ad valorem taxation purposes--The establishment of the value of real property as determined by a government employe or revaluation company personnel on contract with a governmental entity for real estate tax assessment.
Appraisal assessing profession--The body of individuals who are deemed to be qualified to perform ad valorem tax appraisals.
Assessor--A person responsible for the valuation of real property for ad valorem taxation purposes.
Certified Pennsylvania evaluator--An individual who has completed a minimum of 90 hours of basic courses of study covering the appraisal assessing profession and has successfully completed a comprehensive examination covering all phases of the appraisal process and the assessment function established by the assessment statutes of the Commonwealth.
Real estate appraisal--A written analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real property, for or in expectation of compensation.
Real estate tax assessment--A valuation placed on real property for governmental purposes by a government employe or revaluation company personnel or contract with a government.
§ 36.204. Scope of practice.
Assessors and revaluation company personnel who receive certification as a Pennsylvania evaluator may perform appraisals of real property only in limited circumstances, that is, for tax assessment/governmental purposes.
[Pa.B. Doc. No. 96-1791. Filed for public inspection October 25, 1996, 9:00 a.m.]
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