Title 32, Title 32

When providing telehealth services, a person licensed under this chapter shall comply with all state and federal confidentiality and privacy laws.

All laws and rules governing professional responsibility, unprofessional conduct and generally accepted standards of practice that apply to a person licensed under this chapter also apply to that licensee while providing telehealth services.

The board shall adopt rules governing telehealth services by persons licensed under this chapter. These rules must establish standards of practice and appropriate restrictions for the various types and forms of telehealth services. Rules adopted pursuant to this section are routi…

This chapter may be known and cited as the "Real Estate Appraisal Licensing and Certification Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 185, §5 (NEW).] 1. Appraisal. "Appraisal" means an analysis, opinion or conclusion prepared by a real estate appraiser related to the nature, quality, va…

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 individ…

Real estate appraisal activity does not include: [PL 1999, c. 185, §5 (NEW).] 1. Salaried employees. Appraisals prepared by a salaried employee of a real estate owner who, in the regular course of employment, makes appraisals of the real estate of the employer or of real estate u…

A person may not bring or maintain any action in the courts of this State for the collection of compensation for the performance of real estate appraisal services without first proving that the person was properly licensed by the board at the time the cause of action arose.

A person who violates section 14003 is subject to the provisions of Title 10, section 8003‑C.

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 9 members appointed by the Governor. Each member must be…

The board may establish guidelines and rules by which this chapter must be administered. Rules adopted pursuant to this chapter are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A. Rules are subject to Title 5, chapter 375, subchapter II. [PL 1999, c. 18…

The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, …

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: [PL 2007, c. 402, Pt. GG, §8 (NEW).…

This section governs the application for licensure under this chapter. [PL 1999, c. 185, §5 (NEW).] 1. Application. The applicant must submit a properly completed application on forms furnished by the board, together with a required fee as set under section 14012‑A. 2. Age. The a…

A licensee shall designate and maintain a principal place of business where real estate appraisal records may be inspected for purposes consistent with this chapter. A nonresident is not required to maintain a place of business in this State if the nonresident maintains an active…

1. Consent to service. 2. Reciprocal agreements. 3. Applicants licensed in another jurisdiction. An applicant who is licensed under the laws of another jurisdiction may be issued a license if: A. [PL 2013, c. 547, §3 (RP); PL 2013, c. 547, §19 (AFF).] B. [PL 2013, c. 547, §3 (RP)…

A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A license may be renewed upon receipt of an application for renewal and payme…

1. Requirement. As a prerequisite to renewal of a license, an applicant must have completed continuing education as set forth by rules adopted by the board. An applicant may not repeat for credit the same continuing education course offering within a license renewal cycle. 2. Pro…

A real estate appraiser licensed under this chapter shall comply with generally accepted standards of professional appraisal practice and generally accepted ethical rules to be observed by a real estate appraiser. Generally accepted standards of professional appraisal practice an…

A temporary license may be issued to a nonresident in accordance with this section. [PL 1999, c. 185, §5 (NEW).] 1. Scope of license. A temporary license authorizes the holder to perform the appraisal of real estate or real property in this State required by a contract. 2. Profes…

1. Scope of license. A certified general real property appraiser license entitles the holder to appraise all types of real property. 2. Professional qualifications. An applicant for a certified general real property appraiser license must meet the licensing requirements establish…

An applicant for a certified general real property appraiser license must pass the appraiser qualifications board's uniform state-certified general real property appraiser examination within 24 months of the date the applicant is eligible to take the examination. An applicant mus…

1. Scope of license. A certified residential real property appraiser license entitles the holder to appraise residential real estate or real property of one to 4 residential units, without regard to value or complexity and to appraise vacant or unimproved land that is to be used …

An applicant for a certified residential real property appraiser license must pass the appraiser qualifications board's uniform state-certified residential real property appraiser examination within 24 months of the date the applicant is eligible to take the examination. An appli…

1. Scope of license. For federally related transactions, a residential real property appraiser license entitles the holder to appraise noncomplex residential property of one to 4 units and complex residential property of one to 4 units as specified in the criteria adopted and pub…

An applicant for a residential real property appraiser license must pass the appraiser qualifications board's licensed residential real property appraiser examination within 24 months of the date the applicant is eligible to take the examination. An applicant must apply for a res…

1. Scope of license. A trainee real property appraiser license entitles the holder to appraise properties pursuant to this section under the supervision of a certified residential real property appraiser or a certified general real property appraiser. The trainee may appraise pro…

1. Scope of practice. A supervisory appraiser is responsible for the training, guidance and direct supervision of a trainee real property appraiser as set forth by rules adopted by the board. 2. Certified level license required. A certified general real property appraiser or cert…

This chapter may be known and cited as "the Appraisal Management Company Licensing Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 475, Pt. D, §1 (REEN).] 1. Appraisal. "Appraisal" has the same meaning as in section 14002, subsection 1. 2. Appraisal assignment. "Appraisal assignment"…

1. License. A person shall obtain a license from the board before: A. Directly or indirectly engaging or attempting to engage in business as an appraisal management company; [PL 2019, c. 501, §14 (AMD).] B. Directly or indirectly performing or attempting to perform appraisal mana…

A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A license may be renewed upon receipt of an application for renewal and payme…

1. Fee established by rule. The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for…

1. License or certification as appraiser. An appraisal management company licensed or applying for or renewing a license under this chapter may not be owned in whole or in part, directly or indirectly, by a person that has had a license or certificate to act as an appraiser refus…

1. Designation of controlling person. An appraisal management company applying to the board for a license or for renewal of a license shall designate one controlling person that will be the main contact for all communication between the board and the appraisal management company.…

An appraisal management company that is licensed or applies for a license or renewal of a license may not: [PL 2017, c. 475, Pt. D, §1 (REEN).] 1. Ordering and reviewing of appraisal services. Knowingly employ any person in a position in which the person has the responsibility to…

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: [PL 2017, c. 475, Pt. D, §1 (REEN).…

For the purpose of determining whether within a 12-month period an appraisal management company oversees an appraiser panel of more than 15 state-certified or state-licensed appraisers in a state or 25 or more certified or licensed appraisers in 2 or more states and therefore qua…

Prior to placing an appraisal assignment with an appraiser on an appraiser panel, an appraisal management company shall verify that the appraiser receiving the appraisal assignment is licensed under chapter 124.

An employee of or independent contractor to an appraisal management company who performs an appraisal review for real property located in this State must be licensed under chapter 124.

1. Operational requirements. An appraisal management company shall: A. Engage only certified or licensed appraisers for federally related transactions in conformity with federally related transaction regulations; [PL 2017, c. 475, Pt. D, §1 (REEN).] B. Establish and comply with p…

An appraisal management company shall compensate appraisers in accordance with the appraisal independence standards established under the federal Truth in Lending Act, 15 United States Code, Section 1639e (2016) and its implementing regulations, 12 Code of Federal Regulations, Se…

When reporting fees to a client, an appraisal management company shall separately indicate the fees paid to an appraiser for the completion of an appraisal service and the fees charged by the appraisal management company to the client for appraisal management services.

1. Prohibitions. An appraisal management company licensed under this chapter or an employee, director, officer or agent of an appraisal management company licensed under this chapter may not: A. Cause or attempt to cause the results of an appraisal service to be based on any fact…

An appraisal management company that has a reasonable basis to believe an appraiser is failing to comply with the Uniform Standards of Professional Appraisal Practice in a manner that materially affects the conclusion of value contained in an appraisal report, is violating applic…

An appraisal management company may not remove an appraiser from its appraiser panel or otherwise refuse to assign requests for real estate appraisal services to an appraiser without notifying the appraiser in writing and identifying the reasons why the appraiser is being removed…