Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Commission to provide real estate appraisal services before the individual may provide real estate appraisal services in the State. This section does not apply to an individual who provides real estate appraisal services that are only incidental real estate appraisal services, including home inspectors and environmental auditors. In addition to subsection (b) of this section, this section does not apply to an individual who provides real estate appraisal services that the Commission defines by regulation to be only incidental real estate appraisal services. This section does not apply to an individual who is licensed to practice any business or occupation in the State while acting within the scope of the license.

To qualify for a real estate appraisal license, an applicant shall be an individual who meets the requirements of this section. An applicant shall be of good character and reputation. An applicant shall be at least 18 years old. An applicant shall satisfy the minimum real estate appraiser qualifications for licensure established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989. An applicant shall have completed: at least 1,000 hours providing real estate appraiser services as a real estate appraiser trainee under the supervision of a certified appraiser; or the Real Property Appraiser Qualification Criteria of the Practical Applications of Real Estate Appraisal program adopted by the Appraisal Foundation Appraiser Qualifications Board authorized under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989. Classroom hours of study required by this section may be conducted by: an accredited university, college, or community or junior college; an approved appraisal society, institute, or association; or another school that the Commission approves. The Commission shall approve all courses of study required under this section. The Commission may not require an applicant to hold a bachelor’s degree or higher to qualify for licensure under this section. Except as otherwise provided in this subtitle, the applicant shall pass an examination given by the Commission or the Commission’s designee under this subtitle. If an applicant is not a resident of the State, the applicant shall submit to the Commission an irrevocable consent, as provided under this subsection. The consent required under this section shall specify that service of process on the Secretary shall bind the applicant in any action about the provision of real estate appraisal services brought against the applicant in any county of the State. The Commission shall adopt additional requirements under this section if necessary to comply with the minimum real estate appraiser qualifications established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989. The Commission may monitor and review any course of study approved under this section.

An applicant for a license shall: submit to the Commission an application on the form that the Commission provides; pay to the Commission a fee set by the Commission; apply to the Central Repository for a national and State criminal history records check on a form approved by the Director of the Central Repository; submit to the Central Repository a complete set of legible fingerprints taken at any designated State or local law enforcement office in the State or other agency or location approved by the Secretary of Public Safety and Correctional Services; pay the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and pay the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to the State criminal history records. The Central Repository shall provide to the Commission: the national and State criminal history records of each applicant requiring a criminal history records check under subsection (a) of this section and a printed statement listing any convictions and pleas of guilty or nolo contendere to any criminal charge; and an acknowledged receipt of the application for a criminal history records check by an applicant requiring a criminal history records check. Information obtained by the Commission from the Central Repository under this section shall be confidential and may be disseminated only to the individual who is the subject of the criminal history records check.

Except as otherwise provided in § 16-304.1 of this subtitle, an applicant who otherwise qualifies for a license is entitled to be examined as provided in this section. The Commission periodically shall give examinations to qualified applicants at the times and places that the Commission determines. The Commission shall give each qualified applicant notice of the times and places that the Commission determines. To take an examination, an applicant shall pay an examination fee to the Commission or the Commission’s designee in an amount established by the Commission not to exceed the cost of the examination. Except as otherwise provided in this subsection, the Commission shall determine the subjects, scope, form, and the passing score for examinations given under this subtitle. The Commission shall structure the examinations for a real estate appraisal license to test the knowledge of an applicant of real estate appraisal theory and practice and the standards of conduct that the Commission adopts under § 16-208 of this title.

The Commission may use a testing service to administer the examinations given under this subtitle. If the Commission uses a testing service, the testing service, subject to the requirements set by the Commission, may: set the time and place of examinations; give qualified applicants notice of the time and place of examinations; and furnish any other information that the Commission may require the testing service to provide.

Subject to the provisions of this section, the Commission may waive the examination requirements of this subtitle for an individual who is licensed to provide real estate appraisal services in another state. The Commission may grant a waiver under this section only if the applicant: pays to the Commission the application fee set by the Commission under § 16–303 of this subtitle; and provides adequate evidence that the applicant: is licensed by a state that is in compliance with Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as determined by the Appraisal Subcommittee of the federal Financial Institutions Examinations Council; holds a valid license issued by that state; and became licensed in the other state after meeting, in that state, requirements that are substantially equivalent to or exceed the licensing requirements of this State.

On receipt of a complete national and State criminal record report from the Central Repository, the Commission shall grant a license to each applicant who meets the requirements of this subtitle. The Commission shall issue a license document and pocket card to each applicant who has been granted a license under this section. Subject to paragraph (2) of this subsection, the Commission shall determine the size, form, and content of any license document or pocket card that the Commission issues. The Commission shall include an expiration date on each license document that the Commission issues.

While a license is in effect, it authorizes the licensee to provide real estate appraisal services.

Unless a license is renewed for a 3-year term as provided in this section, the license expires on a staggered basis as determined by the Secretary. At least 1 month before the license expires, the Commission shall mail or electronically transmit to the licensee: a renewal application form; and a notice that states: the date on which the current license expires; and the amount of the renewal fee. If an electronic transmission under paragraph (1) of this subsection is returned to the Commission as undeliverable, the Commission shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Commission received the notice that the electronic transmission was undeliverable. Before a license expires, the licensee periodically may renew it for an additional 3–year term, if the licensee: otherwise is entitled to be licensed; pays to the Commission a renewal fee set by the Commission; and submits to the Commission: a renewal application on the form that the Commission provides; and adequate evidence of compliance with the continuing education requirements set under this subtitle for license renewal.

To qualify for renewal of a license under this subtitle, a licensee shall provide to the Commission adequate evidence that the licensee meets the minimum continuing education requirements established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

The Commission shall reinstate the license of a real estate appraiser who has failed to renew the license, if the real estate appraiser: applies to the Commission for reinstatement within 3 years after the license expires; meets the requirements of § 16–308 of this subtitle; and in addition to the renewal fee required under § 16–308 of this subtitle, pays to the Commission a reinstatement fee set by the Commission. If an individual fails to renew a license for any reason and applies to the Commission for reinstatement more than 3 years after the license has expired, the Commission may: require the individual to reapply for a license under § 16–302 of this subtitle; or subject to paragraph (2) of this subsection, reinstate the license. The Commission may reinstate a license under paragraph (1)(ii) of this subsection only if the individual: meets the renewal requirements of § 16–308 of this subtitle; if required by the Commission, states the reasons why reinstatement should be granted; and in addition to the renewal fee required under § 16–308 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.

The Commission shall: transmit to the Appraisal Subcommittee of the Federal Financial Institutions Examinations Council a roster of State certified and licensed appraisers as required by § 1109(a)(1) of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and collect and transmit to the appropriate federal authority those fees required by § 1109(a)(2) of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989. There is a Federal Appraisal Fee Fund within the Commission. The Fund is a special account to be used to disburse money to the appropriate federal authority under subsection (a)(2) of this section.

A licensed real estate appraiser shall: maintain a principal place of business; and in that principal place of business, display conspicuously the license issued under this subtitle. Each licensee promptly shall give the Commission written notice of any change of name or address from that which appears on the current license. On receipt of notice, the Commission shall issue to the licensee a new license for the unexpired term. A licensee who is not a resident of the State may not be required to maintain a place of business in this State if the licensee maintains an active place of business in another state.

A licensed real estate appraiser may provide real estate appraisal services through a professional corporation in accordance with the Maryland Professional Service Corporation Act.