Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be certified by the Commission to provide certified real estate appraisal services before the individual may provide certified real estate appraisal services in the State.
Notwithstanding subsection (a) of this section, a licensed real estate appraiser who is not certified may:
help a certified real estate appraiser to prepare a certified appraisal report; and
cosign the report.
An individual may be certified by the Commission as a certified real estate appraiser for residential real estate or as a certified real estate appraiser for general real estate as those classifications are permitted under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
To qualify for a certificate for residential or general real estate appraisal, an applicant shall be an individual who meets the requirements of this section.
An applicant shall:
be of good character and reputation;
be at least 18 years old; and
satisfy the minimum real estate appraiser qualifications for residential certification or general certification, as appropriate, established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
An applicant shall have completed:
at least 1,500 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 under 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 residential certification under this section.
An applicant shall pass the examination for a certificate for residential or general real estate appraisal 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 subsection shall specify that service of process on the Secretary of State shall bind the applicant in any action about the provision of certified real estate appraisal services against the applicant in any county of the State.
An applicant shall meet any other requirement that the Commission adopts by regulation.
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.
An applicant shall specify whether the applicant is a holder of a certificate for residential or general real estate appraisal.
An applicant for a certificate shall:
submit to the Commission an application on the form that the Commission provides;
pay to the Commission an application 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 § 16-506.1 of this subtitle, an applicant who otherwise qualifies for a certificate 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 time and place of examination.
To take an examination, an applicant shall pay an examination fee to the Commission or the Commission’s designee in an amount not to exceed the cost of the examination as established by the Commission.
Except as otherwise provided in this subsection, the Commission shall determine the scope and the passing score for examinations given under this subtitle.
The form of an examination shall be written.
An examination shall test knowledge of:
technical terms commonly used in real estate appraising and economic concepts applicable to real estate;
real estate appraisal theory and practice and real estate appraisal process;
standards for the development and communication of real estate appraisals;
standards of conduct that the Commission adopts under § 16-208 of this title;
theories of depreciation, cost estimating, methods of capitalization, the mathematics of real estate appraisal, and other principles that are appropriate for the certificate for which the applicant applies;
basic real estate law; and
misconduct for which disciplinary proceedings may be started against a certified real estate appraiser for residential real estate or a certified real estate appraiser for general real estate.
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 certified to provide certified 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 § 16–505 of this subtitle; and
provides adequate evidence that the applicant:
is certified 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 certificate issued by that state; and
was certified in the other state after meeting, in that state, requirements that are substantially equivalent to or exceed the certification requirements of this State.
On receipt of a complete national and State criminal record report from the Central Repository, the Commission shall grant the appropriate certificate to each applicant who meets the requirements of this subtitle.
The Commission shall issue an appropriate certification document and pocket card to each applicant who has been granted certification under this section.
Subject to paragraph (2) of this subsection, the Commission shall determine the size, form, and content of any certification document or pocket card that the Commission issues.
On each certification document or pocket card that the Commission issues, the Commission shall include:
an expiration date; and
a certification number.
The certified residential and certified general real estate appraiser classifications shall consist of those classifications as established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Unless a certificate is renewed for a 3-year term as provided in this section, the certificate expires on a staggered basis as determined by the Secretary.
The Commission need not give notice to the holder of the expiration date of the certificate.
Not earlier than 120 days and not later than 30 days before a certificate expires, the certificate holder may renew it for an additional 3–year term, if the certificate holder:
otherwise is entitled to hold a certificate;
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 certificate renewal.
To qualify for renewal of a certificate under this subtitle, a holder of a certificate shall provide to the Commission adequate evidence that the holder meets the continuing education requirements established for certification under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
A holder of a certificate may partly satisfy the requirement of subsection (a) of this section if the holder provides to the Commission adequate evidence that the holder:
has completed an educational program that the Commission determines to be equal to that which the Commission approves; or
in an educational program that the Commission approves and that is about real property appraisal theory and practice:
has participated as a teacher, preparer of instructional materials, or in another similar capacity; but
has not participated as a student.
The continuing education courses shall 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.
If feasible, continuing education courses shall be offered at reasonable intervals in each county and in each major geographic area of the larger counties.
On completion of a continuing education course by a certificate holder, the entity that conducted the course or the instructor shall issue to the certificate holder a document of completion that states the number of classroom hours of that course.
The Commission may waive the requirements of this section for a certificate holder if the certificate holder shows good cause for being unable to meet the requirements.
A real estate appraiser has a grace period of 6 months after the certificate of the real estate appraiser expires in which to renew it retroactively, if:
the real estate appraiser is otherwise entitled to have it renewed;
the Commission determines that the real estate appraiser has failed to meet the requirements for renewal through mistake, misunderstanding, or circumstances beyond the control of the real estate appraiser; and
pays the renewal fee to the Commission.
If a real estate appraiser renews a certificate within the 6-month grace period, the term of the renewal shall start the day after the certificate held originally by the real estate appraiser expired.
The Commission shall reinstate the certificate of a real estate appraiser who has failed to renew the certificate during the regular term of the certificate or the grace period, if the real estate appraiser:
applies to the Commission for reinstatement within 3 years after the certificate expires;
meets the requirements of § 16–511 of this subtitle; and
in addition to the renewal fee required under § 16–511 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
If an individual fails to renew a certificate for any reason and applies to the Commission for reinstatement more than 3 years after the certificate has expired, the Commission may:
require the individual to reapply for a certificate under § 16–505 of this subtitle; or
subject to paragraph (2) of this subsection, reinstate the certificate.
The Commission may reinstate a certificate under paragraph (1)(ii) of this subsection only if the individual:
meets the renewal requirements of § 16–511 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 § 16–511 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
A certified real estate appraiser shall place the certificate number assigned by the Commission to the appraiser on each document that refers to the certified status of the appraiser.
On a certified real estate appraiser report, the certificate number shall appear adjacent to the title “certified residential real estate appraiser” or “certified general real estate appraiser”.