§ 36.456. Claims against surety or obligor.
(a) The Department may make a claim to a surety or obligor to:
(1) Recover unpaid fees for appraisal services.
(2) Obtain payment for civil penalties, costs of investigation or fees payable to the Commonwealth.
(3) Obtain payment for debts arising out of the performance of appraisal management services in this Commonwealth.
(4) Obtain security as provided in § 36.455(b) (relating to maintenance of surety bond or letter of credit).
(b) The Department, in its discretion, will make a claim to a surety or obligor for a purpose in subsection (a) upon one of the following conditions:
(1) The expiration of the period of appeal from the entry of a final order issued by the Board in a proceeding under 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law) and a determination by the Department based upon a review of its records that all or part of a civil penalty or costs of investigation levied by that order remain unpaid.
(2) The failure of a registrant to satisfy a written agreement with the Board or the Bureau to pay an amount described in subsection (a).
(3) A determination by the Prosecution Division of the Bureau upon a complaint filed with the Bureau that there is probable cause to believe that a registrant owes a sum certain for unpaid fees, civil penalties, costs of investigation, fees payable to this Commonwealth or debts arising out of the performance of appraisal management services in this Commonwealth.
(4) Violation of § 36.455.
(c) The Department will only make a claim to a surety on behalf of third parties to recover unpaid fees for appraisal services or obtain payments for debts arising out of the performance of appraisal management services in this Commonwealth if the activities involved the valuation of real estate in this Commonwealth.
Cross References This section cited in 49 Pa. Code § 36.404 (relating to content of application); 49 Pa. Code § 36.422 (relating to early termination of registration); and 49 Pa. Code § 36.454 (relating to form of letter of credit).
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