Chapter 402
S.P. 659 - L.D. 1842
PART GG
Sec. GG-1. 32 MRSA §14003, as enacted by PL 1999, c. 185, §5, is amended to read:
Except as provided in section 14004, it is unlawful for a person to prepare, for a fee or other valuable consideration, an appraisal or appraisal report relating to real estate or real property in this State without first obtaining a real estate appraisal license. Only an individual may be licensed under this chapter. This section does not apply to individuals who do not render significant professional assistance in arriving at a real estate appraisal analysis, opinion or conclusion. Nothing in this chapter prohibits any person who is licensed to practice in this State under any other law from engaging in the practice for which that person is licensed.
Sec. GG-2. 32 MRSA §14006, as corrected by RR 2001, c. 1, §42, is amended to read:
A person who violates any provision of this chapter for which a penalty has not been prescribed commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged section 14003 is subject to the provisions of Title 10, section 8003-C. The State may bring action in Superior Court to enjoin a person from violating this chapter, regardless of whether other administrative, civil or criminal proceedings have been or may be instituted.
Sec. GG-3. 32 MRSA §14011, as enacted by PL 1999, c. 185, §5, is amended to read:
1. Establishment.
The Board of Real Estate Appraisers is established within the department pursuant to Title 5, section 12004-A, subsection 9-B and shall carry out the purposes of this Act.
2. Members.
The board consists of 7 members appointed by the Governor. Each member must be a citizen of the United States and a resident of this State. The board consists of:A. Two public members as defined in Title 5, section 12004-A; and
B. Five members who hold valid appraiser licenses, including at least one member who holds a certified general license.
3. Geographic distribution.
The Governor, in making appointments, shall consider the desirability of having a broad geographic distribution of representation.
4. Terms; removal.
Terms of the members of the board are for 3 years. Appointments of members must comply with Title 10, section 8009. Members may be removed by the Governor for cause.
5. Meetings; chair; quorum.
The board shall hold meet at least 4 regular meetings each once a year to conduct its business and to elect a chair. Additional meetings may must be held upon as necessary to conduct the business of the board and may be convened at the call or upon the written request of 2 of the chair or a majority of the board members. A majority of the Four members of the board constitutes constitute a quorum for the transaction of business under this Act.
6. Election of officers.
The board shall annually elect a chair and other officers as it determines necessary.
Sec. GG-4. 32 MRSA §14012, sub-§1, as enacted by PL 1999, c. 185, §5, is repealed.
Sec. GG-5. 32 MRSA §14012, sub-§2, as enacted by PL 1999, c. 185, §5, is repealed.
Sec. GG-6. 32 MRSA §14013, as amended by PL 1999, c. 687, Pt. F, §10, is repealed.
Sec. GG-7. 32 MRSA §14014, as enacted by PL 1999, c. 185, §5, is repealed.
Sec. GG-8. 32 MRSA §14014-A is enacted to read:
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:
1. Lack of trustworthiness.
Lack of trustworthiness and competence to conduct real estate appraisal activity in a manner that safeguards the interests of the public;
2. Misconduct.
The commission of an act or omission in the practice of real estate appraising that constitutes dishonesty, fraud or misrepresentation with the intent to benefit the licensee or another person or with the intent to injure another person;
3. Court judgment.
The entry of a final civil or criminal judgment against a licensee on grounds of fraud, misrepresentation or deceit in the making of an appraisal of real estate;
4. Unauthorized payment.
Payment of a finder's fee or a referral fee to a person who does not have an appraiser license in this State in connection with an appraisal of real estate or real property in this State;
5. Misrepresentation of professional qualifications.
Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;
6. Predetermined appraisal result.
Accepting a fee for performing an independent appraisal service when, in fact, the fee is or was contingent upon the appraiser's reporting a predetermined analysis, opinion or conclusion or is or was contingent upon the analysis, opinion, conclusion or valuation reached or upon the consequences resulting from the appraisal assignment;
7. Lack of diligence.
Failure or refusal, without good cause, to exercise reasonable diligence in developing an appraisal, preparing an appraisal report or communicating an appraisal;
8. Negligence or incompetence.
Negligence or incompetence in developing an appraisal, preparing an appraisal report or communicating an appraisal;
9. Breach of confidentiality.
A violation of the confidential nature of individual, business or governmental records to which a licensee or applicant gained access through employment or engagement as an appraiser;
10. Suspension or revocation of license.
Having had a professional or occupational license suspended or revoked for disciplinary reasons or an application rejected for reasons related to untrustworthiness within 3 years prior to the date of application; and
11. Failure to meet professional qualifications; failure to submit complete application.
Failure to meet the professional qualifications for licensure as provided in this subchapter or failure to submit a complete application within 30 days after being notified of the materials needed to complete the application.
Sec. GG-9. 32 MRSA §14021, sub-§5, as enacted by PL 1999, c. 185, §5, is amended to read:
5. Reputation.
The applicant must have a good reputation for honesty, truthfulness, fair dealing and competency. The recommendation of applicant shall furnish recommendations from at least 3 persons not related to the applicant who have acknowledged before a notary public that they have known the applicant for at least one year immediately preceding the date of the application and by their signature attest that the applicant has such a reputation creates a rebuttable presumption that the applicant meets that qualification.
Sec. GG-10. 32 MRSA §14023, as enacted by PL 1999, c. 185, §5, is repealed.
Sec. GG-11. 32 MRSA §14025, 2nd ¶, as amended by PL 2005, c. 262, Pt. D, §4, is further amended to read:
The board shall deny a renewal license to any applicant whose license has lapsed for more than 90 days , unless the applicant satisfies the provisions governing new applicants under this subchapter, except that the board may waive the education and examination requirements for new applicants , if the renewal application is received, together with a late fee, renewal fee and filing additional late fee as set under section 14012-A, within 2 years from the date of that expiration.
Sec. GG-12. 32 MRSA §14026, as enacted by PL 1999, c. 185, §5, is repealed.
Sec. GG-13. 32 MRSA §14029, as enacted by PL 1999, c. 185, §5, is repealed.