Title 34 — Title 34

A licensed real estate appraiser shall comply with the current Uniform Standards of Professional Appraisal Practice approved by the board except when performing an evaluation as defined in this article and in the Interagency Appraisal and Evaluation Guidelines published by the fe…

(a) A client or employer may retain or employ a licensed real estate appraiser to act as a disinterested third party in rendering an unbiased estimate of value. In either case, the appraisal and the appraisal report shall comply with this article. (b) For the purposes of this art…

A licensed real estate appraiser may not accept a fee for an appraisal assignment, as defined in Section 34-27A-24, that is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion, or is contingent upon the opinion or valuation reached, or upon the …

(a) All real property appraisers shall prepare written records of appraisal, review, and consulting assignments, including oral testimony and reports, and shall retain the records for a period of five years after preparation or at least two years after final disposition of any ju…

There is established a separate special revenue trust fund in the State Treasury to be known as the Alabama Real Estate Appraisers Board Fund. All receipts collected by the board under this article and any interest earned on funds in the fund shall be deposited in this fund and u…

The Alabama Real Estate Appraisers Board shall be an enumerated board pursuant to Sections 41-20-1 through 41-20-16, and shall be reviewed at the same time as the Alabama Real Estate Commission. History: (Acts 1990, No. 90-639, p. 1175, §30.)

Grounds for Granting or Denying License. It is the intent of the Legislature of the State of Alabama that this article fully comply with the provisions of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub.L. No. 101-73, any amendments thereto and regula…

Assistance with Appraisal; Evaluations. (a) It shall be unlawful for any person, partnership, or corporation, for a fee or other valuable consideration, or with the intention or expectation of receiving or collecting a fee or valuable consideration from another, to do any of the …

There is established the Alabama Real Estate Appraisers Board. The board shall consist of nine members, one of whom shall be a qualified individual from the general public, seven of whom shall be real property appraisers, and, beginning on October 1, 2011, one of whom shall be a …

(a) The board shall act by a majority vote of its members to adopt administrative rules necessary, from time to time, to carry out this article. Rules of the board shall be adopted in compliance with the Alabama Administrative Procedure Act, Chapter 22 of Title 41. (b) The board …

(a) It is unlawful for any person or entity to engage in or attempt to engage in business as an appraisal management company, perform appraisal management services, or advertise or hold itself out as engaging in or conducting business as an appraisal management company without fi…

(a) Application for registration under this article shall be made in writing to the board on forms prescribed by the board and shall include all of the following: (1) The name of the applicant. (2) The business, physical, and email address of the applicant. (3) A telephone number…

(a) An appraisal management company applying for registration in this state may not be owned, in whole or in part, directly or indirectly, by any person who has had an appraiser license or certificate refused, denied, cancelled, surrendered in lieu of revocation, or revoked in an…

An appraisal management company applying for registration in this state shall designate one principal contact for all communication between the board and the appraisal management company. History: (Act 2011-701, p. 2161, §3.)

The board may adopt rules not inconsistent with this article which are reasonably necessary to implement, administer, and enforce this article. The requirements for an appraisal management company may be revised as necessary to comply with the Dodd-Frank Wall Street Reform and Co…

(a) The board shall establish by rule fees to be charged to an appraisal management company in an amount sufficient to sustain administration of this article. The board may also establish late filing fees and other fees deemed necessary by the board for the proper administration …

(a) The board shall issue a unique registration number to each appraisal management company and shall annually publish a list of registered appraisal management companies and their corresponding registration numbers. (b) Each appraisal management company shall include its registr…

An appraisal management company shall do all of the following: (1) Annually certify to the board, on a form prescribed by the board, that the appraisal management company verifies that any person added to the appraiser panel of the appraisal management company, for the purpose of…

(a) Before placing an assignment with an appraiser, an appraisal management company shall require that the appraiser confirm in writing or via electronic means that the appraiser receiving the assignment is a competent appraiser for the performance of the appraisal being assigned…

An appraisal management company may not remove an appraiser from an appraiser panel without: (1) Providing written notice to the appraiser of the reasons for removal. (2) Providing written notice of the nature of any alleged illegal conduct or violation of Uniform Standards of Pr…

(a) The board shall have the authority to set and regulate fees necessary for its operation as a self sustaining board which fees shall be adopted in compliance with the Alabama Administrative Procedure Act, Chapter 22 of Title 41. (b) All fees shall be paid into the Alabama Real…

(a) It is unlawful for any employee, director, officer, or agent of an appraisal management company to influence or attempt to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, compensation, instruction, inducement, intimidati…

The board may censure, conditionally or unconditionally suspend registration, revoke registration, levy fines, or impose civil penalties not exceeding twenty-five thousand dollars ($25,000) against any appraisal management company that the board determines is attempting to or has…

(a) The board shall conduct adjudicatory proceedings for any violation of this article in accordance with the Administrative Procedure Act. Adjudicatory proceedings shall include, but not be limited to, all of the following due process protections: (1) Before censuring, suspendin…

This article does not apply to: (1) A financial institution that is regulated by a federal financial institution regulatory agency or a department, division, or unit thereof. An appraisal management company that is a wholly owned subsidiary of a financial institution may not be c…

(a) Applications for original license, renewal license, and examinations shall be made in writing to the board on forms approved by the board. (b) Appropriate fees, as fixed by the board pursuant to Section 34-27A-6, shall accompany all applications for original license, renewal …

(a) There shall be five classes of real estate appraisers licensed by the board. The classes may be revised or other classes added if necessary to conform in all respects with the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub.L. No. 101-73 (FIRREA), and…

The Legislature finds and declares that the practice of respiratory therapy in Alabama affects the public health, safety, and welfare of the citizens of Alabama. It, therefore, should be subject to regulation and control, in the public interest to protect the citizenry against th…

Any person who violates this chapter, upon conviction, shall be guilty of a Class B misdemeanor. History: (Act 2004-518, p. 1038, §10.)

Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of any of the following: (1) Any person who is licensed in Alabama or certified by an organization accredited by the National Commission for Certifying Agencies and accep…

(a) The board shall provide notification to all respiratory therapists employed as such or practicing respiratory therapy in Alabama on May 17, 2004. The notification shall summarize the requirements of this chapter and provide information on procedures for obtaining a license. P…

The board shall promulgate rules necessary to implement and administer the provisions of this chapter. Rules shall be issued pursuant to the Administrative Procedure Act. History: (Act 2004-518, p. 1038, §13.)

The board shall be subject to the Alabama Sunset Law, as provided in Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2008, and every four years thereafter, unless continued pursuant to the Alabama Sunse…

As used in this chapter, the following terms shall have the following meanings: (1) BOARD. The Alabama State Board of Respiratory Therapy. (2) DIRECT CLINICAL SUPERVISION. A situation where a licensed respiratory therapist or physician is available for the purpose of communicatio…

(a) Except as provided in Section 34-27B-7, no person shall hold himself or herself out to be, or function as, a respiratory therapist in this state unless licensed in accordance with this chapter. (b) In order to obtain a respiratory therapist license, an applicant shall demonst…

The board shall perform the following functions: (1) Set respiratory therapy licensure fees, including, but not limited to, application, initial, renewal, and reinstatement fees. (2) Establish and publish minimum standards of continuing education of respiratory therapy in accorda…

Members; Terms; Meetings; Expense Reimbursement and Per Diem Allowance. (a)(1) The Alabama State Board of Respiratory Therapy is created to implement and administer this chapter and shall be composed of six members appointed by the Governor. Three of the members shall be respirat…

(a) The purpose of this compact is to facilitate the interstate practice of respiratory therapy with the goal of improving public access to respiratory therapy services by providing respiratory therapists licensed in a member state the ability to practice in other member states. …

As used in this compact, the following terms have the following meanings: (1) ACTIVE MILITARY MEMBER. Any person with a full-time duty status in the Armed Forces of the United States, including members of the National Guard and Reserve. (2) ADVERSE ACTION. Any administrative, civ…

(a) In order to participate in this compact and thereafter continue as a member state, a member state shall do all of the following: (1) Enact a compact that is not materially different from the model compact. (2) License respiratory therapists. (3) Participate in the commission’…

(a) To exercise the compact privilege under the terms and provisions of this compact, the licensee shall do all of the following: (1) Hold and maintain an active home state license as a respiratory therapist. (2) Hold and maintain an active credential from the National Board for …

(a) An active military member or their spouse shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. (b) An active military member and t…

(a) A member state in which a licensee is licensed shall have authority to impose adverse action against the license issued by that member state. (b) A member state may take adverse action based on significant investigative information of a remote state or the home state, so long…

(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the Respiratory Care Interstate Compact Commission. The commission is an instrumentality of the compact member…

(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and the presence of significant investigative information. (b) Notwithstanding any other provision of…

(a) The commission shall adopt reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invali…

(a) Oversight. (1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact. (2) Venue is proper and judicial proceedings by or against the commission shall be …

There is established a separate special trust fund in the State Treasury to be known as the Alabama State Board of Respiratory Therapy Fund. All funds received by the board shall be deposited into the fund and shall be expended only to implement and administer this chapter. No mo…

(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state. (1) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the first seven member states refer…

(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the adoption of rules shall not be const…