For the purposes of this part, the term "real estate appraiser" means any person who renders or offers to render professional services to persons, groups, or organizations in the act or process of estimating the value of real property and real estate.
(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(i), 53 DCR 4718.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2853.151.
Effect of Amendments
D.C. Law 16-130 substituted "value of real property and real estate" for "value of real estate".
Temporary Amendments of Section
Section 2(j) of D.C. Law 16-101 substituted "real property and real estate" for "real estate".
Section 4(b) of D.C. Law 16-101 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(j) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 16-130, see notes following § 47-2853.06.
(a) The Board shall establish, by rule, the education, experience, and examination requirements that individuals must meet or exceed to obtain licensure, certification, or registration as an appraiser trainee, a licensed residential real property appraiser, a certified residential real property appraiser, or a certified general real property appraiser.
(b) The licensure requirements established by the Board shall meet or exceed any applicable federal requirements that are necessary for the federal financial institution's regulatory agencies to recognize and accept licenses for licensed residential real estate appraisers, certified residential real estate appraisers, and certified general real estate appraisers licensed by the Board. If the federal requirements change and the rules of the Board do not satisfy the minimum federal standards, the federal standards established by the Appraisal Qualifications Board and the Appraisal Standards Board of the Appraisal Foundation when reviewing an application for licensure, certification, or registration shall apply until the Board's rules satisfy minimum federal standards.
(c) The Board shall establish, by rule, the requirements that individuals licensed in jurisdictions other than the District of Columbia as a certified residential real property appraiser or a certified general real property appraiser must satisfy to obtain a temporary license from the Board. The Board's requirements shall comply with applicable federal law, but the Mayor may require the applicant to pay a license fee to the Department and may place restrictions on the temporary license.
(d) The Board shall establish rules governing the supervision of appraiser trainees, the definition and enforcement of standards of professional appraiser practice, and the disposition of complaints from any person or from any federal agency or instrumentality regarding improper appraiser conduct.
(e) The Board shall establish, by rule, continuing education requirements necessary for renewal or reinstatement of any license, certification, or registration that meet or exceed the continuing education requirements established under the authority of federal law.
(f) The Board may establish, by rule, practice requirements or standards. The Board may enforce requirements or standards established under federal law.
(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(j), 53 DCR 4718; Mar. 25, 2009, D.C. Law 17-353, §§ 118, 180, 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2853.152.
Effect of Amendments
D.C. Law 16-130 rewrote section, which had read as follows:
"(a) A person applying for a license to practice as a Residential Real Property Appraiser shall demonstrate to the satisfaction of the Board of Real Estate Appraisers that he or she possesses the knowledge and competence necessary to perform residential real estate appraisals by having satisfactorily completed at least 75 hours of classroom instruction in recognized or approved subjects related to residential real estate appraisals, including subjects covering the Uniform Standards of Professional Appraisal Practice, from a real estate appraisal or real estate related organization, college or university, state or federal agency, or proprietary school recognized by the Appraisal Foundation or the Board of Real Estate Appraisers.
"(b) A person who applies for a certificate to practice as a General Real Property Appraiser shall demonstrate to the satisfaction of the Board of Real Estate Appraisers that he or she possesses the knowledge and competence necessary to perform all types of real estate appraisals by having satisfactorily completed at least 165 hours of classroom instruction in recognized or approved subjects related to real estate appraisals, including subjects covering the Uniform Standards of Professional Appraisal Practice, from a real estate appraisal or real estate related organization, college or university, state or federal agency, or proprietary school recognized by the Appraisal Foundation or the Board of Real Estate Appraisers.
"(c) In addition to the provisions of subsections (a) and (b) of this subsection, an applicant for a license or certificate to practice as a Residential Real Property Appraiser or General Real Property Appraiser shall submit to the Board of Real Estate Appraisers satisfactory evidence, as defined by rule, of at least 2 years of full-time experience in real estate appraising supported by written reports or file memoranda, and satisfactory evidence of additional qualifications as may be required by the Board to render appraisers licensed or certified under the provisions of this subchapter eligible to perform appraisals in connection with federally related transactions."
D.C. Law 17-353, in subsec. (b), substituted "registration shall apply until the Board's rules" for "registration until the Board rules".
Temporary Amendments of Section
Section 2(k) of D.C. Law 16-101 amended this section to read as follows:
"§ 47-2853.152. Eligibility requirements.
"(a) The Board shall establish by regulation the education, experience, and examination requirements that individuals must meet or exceed as conditions for obtaining licensure, certification, or registration as an appraiser trainee, a licensed residential real property appraiser, a certified residential real property appraiser, or a certified general real property appraiser.
"(b) The licensure requirements established by the Board shall comply with this part and shall meet or exceed any applicable federal requirements that are necessary in order that the federal financial institution's regulatory agencies recognize and accept licenses for licensed residential real estate appraisers, certified residential real estate appraisers, and certified general real estate appraisers issued by the Board. If the federal requirements change and the Board's regulations do not meet the minimum federal standards, the Board may substitute the federal standards established by the Appraisal Qualifications Board and the Appraisal Standards Board of the Appraisal Foundation when reviewing an application for licensure, certification, or registration until the Board is able to amend its regulations.
"(c) The Board shall establish by regulation the requirements that individuals licensed in jurisdictions other than the District of Columbia as a certified residential real property appraiser or a certified general real property appraiser must satisfy prior to obtaining a temporary license from the Board. The Board's requirements shall comply with applicable federal law, but the Mayor may require the applicant to pay a license fee to the Department and may place restrictions on the validity of the temporary license.
"(d) The Board shall establish by regulation provisions for the supervision of appraiser trainees, provisions for defining and enforcing the standards of professional appraiser practice, and provisions for the disposition of complaints from any person or from any federal agency or instrumentality regarding improper appraiser conduct.
"(e) The Board shall establish continuing education requirements necessary for renewal or reinstatement of any license, certification, or registration that meet or exceed the continuing education requirements established under the authority of federal law.
"(f) By regulation, the Board may establish and enforce practice requirements or standards pursuant to District law and may enforce practice requirements or standards established under the authority of federal law."
Section 4(b) of D.C. Law 16-101 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(k) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 16-130, see notes following § 47-2853.06.
For Law 17-353, see notes following § 47-308.
(a) It shall be unlawful for any person in the District to directly or indirectly engage in, advertise, conduct the business of, or act in any capacity as a licensed or certified real estate appraiser or use any title, designation, or abbreviation likely to create the impression of licensure by the District as a real property appraiser for compensation within the District without first obtaining a license as provided in this subchapter.
(b) Any person certified as a real property or real estate appraiser by an appraisal trade organization shall retain the right to use the term "certified" or any similar term in identifying himself or herself to the public, provided that in each instance that the term is used, the name of the certifying organization or body is prominently and conspicuously displayed immediately adjacent to the term and that the use of the term "certified" does not create the impression of licensure by the District.
(c) Nothing in this subchapter shall abridge, infringe upon, or otherwise restrict the right to use the term "certified assessor" or any similar term by any person certified by the Office of Tax and Revenue to perform ad valorem tax appraisal, provided that the term is not used in a manner that creates the impression of licensure or certification by the District to perform real estate or real property appraisals other than for ad valorem tax purposes.
(d) No license shall be issued under the provisions of this subchapter to a partnership, association, corporation, firm, or group, nor shall the term "certified real estate appraiser" or any similar term be used following or immediately in connection with the name of a partnership, association, corporation, or other firm or group or in a manner that might create the impression of licensure or certification by the District as a real estate appraiser. Nothing in this subsection shall be construed to preclude a licensed real estate appraiser from rendering an appraisal for or on behalf of a partnership, association, corporation, firm, or group, provided that the appraisal report is prepared by, or under the immediate personal direction of the licensed real estate appraiser.
(e) Any person who is not licensed or certified under this part may assist a licensed or certified real estate appraiser in the performance of an appraisal if he or she registers with the Board as an appraiser trainee, complies with the registration and practice requirements established by the Board, by rule, and is actively and personally supervised by the licensed or certified real estate appraiser. An appraisal report rendered in connection with the appraisal and drafted by the appraisal trainee shall be reviewed and signed by the licensed or certified real estate appraiser.
(f) It shall be unlawful for any person who performs an appraisal of real estate located in the District to describe or refer to the appraisal by the term "certified" or any similar term unless the person has first been licensed by the Board under the provisions of this subchapter. Nothing in this subchapter shall require a licensed real estate appraiser to render a "certified" real estate appraisal when performing an appraisal assignment. If a licensee or appraiser trainee performs a real estate appraisal that is not represented as being "certified", the appraiser shall clearly inform the person to whom the appraisal report is given and prominently disclose on the appraisal report that the appraisal is not a "certified" real estate appraisal.
(g) Nothing herein shall be construed to prohibit a real estate broker or salesperson, in the ordinary course of business, from giving an opinion of the price of real estate for the purpose of a prospective listing or sale, if the opinion of the price does not refer to or cannot be construed as an appraisal.
(h) Nothing herein shall be construed to prohibit persons who determine the value of items other than real estate from using the term "appraiser" if they do not hold themselves out or imply that they are authorized to appraise real estate or real property.
(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(k), 53 DCR 4718.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2853.153.
Effect of Amendments
D.C. Law 16-130, in subsec. (a), deleted "or certification" following "licensure" and deleted "or certificate" following "license"; in subsec. (b), deleted "or certification" following "licensure" and substituted "real property or real estate" for "real estate" and "and that the use of the term 'certified' does" for "and that the use of the term does"; in subsec. (c), substituted "perform real estate or real property" for "perform real estate"; in subsec. (d), deleted "or certified" following "licensed" and "or certificate" following "license"; rewrote subsec. (e); in subsec. (f), deleted "or certified" following "licensed" and substituted "If a licensee or appraiser trainee" for "If a licensed or certified real estate appraiser"; and, in subsec. (h), substituted "appraise real estate or real property" for "appraise real estate". Prior to amendment, subsec. (e) read as follows:
"(e) Any person who is not licensed or certified under this subchapter may assist a licensed or certified real estate appraiser in the performance of an appraisal, if he or she is actively and personally supervised by the licensed or certified real estate appraiser and that any appraisal report rendered in connection with the appraisal is reviewed and signed by the licensed or certified real estate appraiser."
Temporary Amendments of Section
Section 2(l) of D.C. Law 16-101, in subsec. (a), deleted "or certification" and "or certificate"; in subsec. (b), substituted "real property or real estate" for "real estate", substituted "use of the term 'certified"' for "use of the term", and deleted "or certification"; in subsec. (c), substituted "real estate or real property" for "real estate"; in subsec. (d), deleted "or certificate" and "or certified"; in subsec. (f), deleted "or certified", and substituted "If a licensee or appraiser trainee" for "If a licensed or certified real estate appraiser"; in subsec. (h), substituted "real estate or real property" for "real estate"; and amended subsec. (e) to read as follows:
"(e) Any person who is not licensed or certified under this subchapter may assist a licensed or certified real estate appraiser in the performance of an appraisal, if he or she registers with the Board as a Appraiser Trainee, complies with the registration and practice requirements established by the Board by regulation, and is actively and personally supervised by the licensed or certified real estate appraiser. Any appraisal report rendered in connection with the appraisal and drafted by the appraisal trainee shall be reviewed and signed by the licensed or certified real estate appraiser."
Section 4(b) of D.C. Law 16-101 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(l) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
For temporary (90 day) addition of section, see § 2(m) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 16-130, see notes following § 47-2853.06.
(a) There is established a fund designated as the Appraisal Education Fund ("Fund"), which shall be separate from the General Fund of the District of Columbia. All funds obtained from an appraisal education fund fee to be established by the Mayor (which shall be in addition to licensing and renewal fees established by the Mayor) and civil penalties imposed by the Board or the Office of Administrative Hearings pursuant to this part, and all interest earned on those funds, shall be deposited into the Fund without regard to fiscal year limitation pursuant to an act of Congress and used solely to pay the costs of operating and maintaining the Fund. All funds, interest, and other amounts deposited into the Fund shall not be transferred or revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall continually be available for the uses and purposes set forth in this section, subject to authorization by Congress in an appropriations act.
(b)(1) The funds deposited in the Fund shall be used by the Board for the purpose of raising the standards of practice and the competency of licensees by:
(A) Promoting the advancement of education and research for the benefit of any licensee under this part;
(B) Underwriting educational seminars, workshops, and any other similar form of educational project for the benefit of any licensee under this part; and
(C) Contracting for particular education or other projects intended to further the purposes of this part.
(2) The funds deposited in the Fund shall also be used by the Board to defray the expenses to discharge the administrative and regulatory duties as prescribed by this part.
(c) The Board may establish minimum and maximum balances for the Fund, procedures for continuing and discontinuing assessing licensees, and rules for the implementation and operation of the Fund.
(d) If a licensee fails to pay the appraisal education fee within the time prescribed by rule, his or her license shall be automatically suspended. The Board shall send a notice of the suspension, by certified mail, to the address of record within 5 days after the suspension. The license shall be restored only upon the actual receipt by the Mayor of the delinquent fee.
(June 16, 2006, D.C. Law 16-130, § 2(l), 53 DCR 4718.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
Section 2(m) of D.C. Law 16-101 added provisions to read as follows:
"§ 47-2853.154. Appraisal Education Fund.
"(a) There is established a fund designated as the Appraisal Education Fund ("Fund"), which shall be separate from the General Fund of the District of Columbia and shall be used by the Board for the purpose of raising the standards of practice and the competency of licensees and certificate holders by:
"(1) Promoting the advancement of education and research for the benefit of any person issued a license or certificate under this chapter;
"(2) Underwriting educational seminars, workshops, and any other similar form of educational project for the benefit of any person issued a license or certificate under this chapter;
"(3) Contracting for particular education or other projects intended to further the purposes of this chapter; and
"(4) Defraying the expenses to discharge the administrative and regulatory duties as prescribed by this part; provided, that the Fund shall not be used to discharge the administrative and regulatory duties of any other District government agency, board, or commission, and shall be used solely to carry out the functions of this part.
"(b) No revenues deposited into this continuing, nonlapsing fund may be obligated or spent in any year without a Congressional appropriation. Revenues in this continuing, nonlapsing special account that are carried over into a succeeding fiscal year may not be obligated or spent in the succeeding year without a new Congressional appropriation that permits such obligation or expenditure.
"(c) Any person issued or renewing a license under this chapter shall pay, in addition to licensing and renewal fees established by the Mayor, a sum to be established by the Mayor for deposit into the Fund.
"(d) Any civil penalties imposed by the Board or the Office of Administrative Hearings pursuant to this chapter shall be deposited in the Fund.
"(e) The Board may, by regulation, establish minimum and maximum balances for the Fund, procedures for continuing and discontinuing assessing licensees, and other provisions relevant to the operation of the Fund.
"(f) If a licensee fails to pay the amount assessed by the Mayor within the time prescribed by rule, his or her license shall be automatically suspended. The Board shall send a notice of the suspension, by certified mail, to the address of record within 5 days after the suspension. The license shall be restored only upon the actual receipt by the Mayor of the delinquent assessment.
"(g) The Fund shall be continuing. Revenues deposited into the Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this subchapter, subject to authorization by Congress in an appropriations act."
Section 4(b) of D.C. Law 16-101 provides that the act shall expire after 225 days of its having taken effect.
Legislative History of Laws
For Law 16-130, see notes following § 47-2853.06.
