Title 24, Professions and Occupations

§ 4005. Records. The Division shall keep a register of all approved applications for certified real estate appraiser, certified residential real property appraiser, licensed real property appraiser, and real property appraiser trainee, and complete records relating to meetings of…

§ 4006. Powers and duties. (a) The Council on Real Estate Appraisers shall have authority to: (1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administ…

§ 4007. Certificate or license required. (a) No person, partnership, association, or corporation shall hold himself, herself, or itself out to the public in this State as being qualified to act as a real estate appraiser, or advertise, or engage in the practice of appraising or a…

§ 4008. Qualifications of applicant; report to Attorney General; judicial review. (a) An applicant, who is applying for certification or licensure as an appraiser under this chapter, for the relevant certificate, license or registration, shall submit evidence, verified by oath an…

§ 4009. Appraiser trainee; requirements of supervision. (a) Persons, who are presented to the Council by a supervising appraiser for registration as an appraiser trainee, shall provide a statement to the Council that the trainee: (1) Shall perform only those specific functions, w…

§ 4010. Temporary license. (a) A real estate appraiser from another state, who is licensed or certified by the appraiser licensing or certifying agency in such state, may apply for registration to receive temporary licensing or certification privileges in this State by paying all…

§ 4011. Reciprocity. (a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Council, the Council shall grant a license to each applicant, who shall present proof of current licensure in good standing in another stat…

§ 4012. Fees. The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Council, as well as the proportional expenses incurred by the Division in its service on behalf of the Council…

§ 4013. Issuance and renewal of licenses and certification. (a) The Council shall issue a license to each applicant, who meets all of the requirements of this chapter for licensure or certification as an appraiser and who pays the fee established under § 4012 of this title. (b) E…

§ 4014. Grounds for discipline. (a) A practitioner licensed or certified under this chapter shall be subject to disciplinary actions set forth in § 4016 of this title, if, after a hearing, the Council finds that the appraiser: (1) Has employed or knowingly cooperated in fraud or …

§ 4015. Complaints. (a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. (b) When it is determined that an indi…

§ 4016. Disciplinary sanctions. (a) The Council may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 4014 of this title applies to a practitioner regulated by this chapter: (1) Issue a letter of r…

§ 4016A. Counseling; letters of concern. (a) If the Council determines after an investigation that a violation of this chapter or of the rules and regulations enacted pursuant to this chapter warranting formal disciplinary action has not occurred, but that an act or omission of t…

§ 4017. Hearing procedures. (a) If a complaint is filed with the Council pursuant to § 8735 of Title 29, alleging violation of § 4016 of this title, the Council shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing …

§ 4018. Reinstatement of a suspended license; removal from probationary status. (a) As a condition to reinstatement of a suspended license, or removal from probationary status, the Council may reinstate such license if, after a hearing, the Council is satisfied that the licensee …

§ 4019. Exception. (a) This chapter shall not apply to any Delaware licensed real estate salesperson or broker, who prepares a competitive market analysis survey used only for the purpose of listing a property for sale or lease, nor to any individual, who prepares real estate app…

§ 4020. Penalty. A person, not currently licensed as an appraiser under this chapter, when guilty of engaging in the practice of appraising, or using in connection with the person’s name, or otherwise assuming or using any title or description conveying, or tending to convey the …

§ 4021. Criminal background checks of new applicants. An applicant for licensure or certification under § 4008 or § 4009 of this title shall submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following: (1) A report of the indi…

§ 4022. Registration of appraisal management companies. (a) A person shall not directly or indirectly engage or attempt to engage in business as an appraisal management company, directly or indirectly perform or attempt to perform appraisal management services or advertise or hol…

§ 4023. Exemptions from registration. Nothing in this chapter shall apply to: (1) An appraisal management company that is a subsidiary owned and controlled by a financial institution that is subject to direct regulation by an agency of the United States government or of this Stat…

§ 4024. Registration form for appraisal management companies. (a) An applicant for initial and renewal registration as an appraisal management company shall submit to the Council an application on a form prescribed by the Council. (b) An initial registration granted by the Counci…

§ 4025. Owner requirements for appraisal management companies. (a) An appraisal management company applying for registration may not be owned by a person or have any principal of the company who has had any financial, real estate or mortgage lending industry license or certificat…

§ 4026. Appraisal management company controlling person. (a) Each appraisal management company applying to the Council for registration in this State shall designate 1 controlling person that will be the main contact for all communication between the Council and the appraisal man…

§ 4027. Appraisal management company employees. Any employee of an appraisal management company that performs an appraisal review shall have demonstrated knowledge of the Uniform Standards of Professional Appraisal Practice and hold a valid appraiser license or certification in t…

§ 4028. Agreements with independent appraisers; limitations. An appraisal management company registered in this State pursuant to this chapter may not enter into contracts or agreements with an independent appraiser for the performance of real property appraisal services in this …

§ 4029. Annual certification; renewal. (a) Each appraisal management company registered in this State shall certify to the Council on an annual basis at the time of renewal, on a form prescribed by the Council and after paying the appropriate fee, that the appraisal management co…

§ 4030. Disclosure of fees. The appraisal management company shall not prohibit the appraiser from reporting in the appraisal report the fee paid to the appraiser.79 Del. Laws, c. 163, § 2;

§ 4031. Appraiser independence; prohibitions. (a) Any employee, director, officer or agent of an appraisal management company registered pursuant to this chapter shall not influence or attempt to influence the development, reporting or review of an appraisal through coercion, ext…

§ 4032. Payment. Except in cases of breach of contract or substandard performance of services, each appraisal management company shall make payment to an independent appraiser for the completion of an appraisal or valuation assignment within 45 days after the date on which the in…

§ 4033. Appraisal reports; alteration; use. An appraisal management company shall not: (1) Alter, modify, revise or otherwise change a completed appraisal report submitted by an independent appraiser, including removing the signature of the appraiser. (2) Use an appraisal report …

§ 4034. Removal of appraisers from appraiser panels. (a) An appraisal management company shall not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real property appraisal services to an independent appraiser, without notifying the appraise…

§ 4035. Enforcement. The Council may censure an appraisal management company, conditionally or unconditionally suspend or revoke any registration issued under this chapter or impose civil penalties not to exceed $15,000 per violation if, after a hearing, the Council finds that an…

§ 4036. Disciplinary hearing. (a) The Council may conduct disciplinary proceedings in accordance with subchapter III of Chapter 101 of Title 29. (b) The written notice required by subchapter III of Chapter 101 of Title 29 shall be satisfied by personal service on the controlling …

§ 4037. Rule-making authority. The Council shall adopt rules that are reasonably necessary to implement, administer and enforce this subchapter.79 Del. Laws, c. 163, § 2;

§ 4038. Effective date. All appraisal management companies operating in this State as of July 1, 2013, must become registered on or before July 1, 2014.79 Del. Laws, c. 163, § 2;