Title EXC, Executive

§ 160-eeee. Denial of registration. The department may investigate the good character of applicants for a certificate of registration under this article and may deny the issuance of such certificate of registration based upon lack of good moral character which may include, but i…

§ 160-f. Fees. 1. The department shall charge and collect fees not in\nexcess of the following:\n a. An application fee for certification and licensing of two hundred\nfifty dollars.\n b. An examination fee of fifty dollars.\n c. A reexamination fee of fifty dollars.\n d. A fee …

§ 160-ff. Management of the fund; board of directors. 1. There shall be appointed a board of directors of the fund, consisting of eleven directors, six of whom shall be selected by the black car assistance corporation; four of whom shall be chosen by the governor, including one …

§ 160-fff. Membership in the fund. 1. The membership of the fund shall be comprised of all independent livery bases. If the workers' compensation board or local taxi and limousine commission revokes a livery base's authorization to act as an independent livery base, it shall cea…

§ 160-ffff. Expiration of license. A certificate of registration granted by the department pursuant to this article shall be valid for a period of two years from the date upon which it is issued.

§ 160-g. Certification and licensing process. 1. Applications for original certification and recertification, original license and renewal of license, and examinations shall be made in writing to the department on forms approved by the board. 2. The fees, as fixed by the departm…

§ 160-gg. Plan of operation. 1. Within seventy-five days of the effective date of this article, the fund shall file with the department its plan of operation, which shall be designed to assure the fair, reasonable and equitable administration of the fund. The plan of operation a…

§ 160-ggg. Plan of operation. 1. Within seventy-five days of the appointment of the fund's board of directors, the fund shall file with the workers' compensation board and local taxi and limousine commissions its plan of operation, which shall be designed to assure the fair, rea…

§ 160-gggg. Fees. 1. The department shall collect a fee of two hundred fifty dollars for a certificate of registration issued or reissued under the provisions of this article. Additionally, the department shall assess twenty-five dollars for each appraiser added to an appraisal …

§ 160-h. Licenses and certifications. 1. There shall be one class of license for state licensed real estate appraiser assistants, one class of license for state licensed real estate appraisers and two classes of certification for state certified real estate appraisers. The class…

§ 160-hh. Membership in the fund; registration with the department. 1. The membership of the fund shall be composed of all central dispatch facilities. Each central dispatch facility shall be required, as a condition of doing business within this state, to pay the department a t…

§ 160-hhh. Violations; penalties; appeals. 1. Any person that knowingly submits a materially false statement on the affirmation provided for in section eighteen-c of the workers' compensation law shall be guilty of a class A misdemeanor. Any person that commits a second or subse…

§ 160-hhhh. Owner requirements. An appraisal management company applying for a certificate of registration shall not be owned in whole or in part, directly or indirectly, by a person who has had a license, registration or certificate to act as a real estate appraiser denied, rev…

§ 160-i. Examination requirement. An original certification as a state certified real estate appraiser or an original license as a state licensed real estate appraiser shall not be issued to any person who has not demonstrated through a written examination process that he or she…

§ 160-ii. Securing of compensation. 1. Within two hundred ten days of the effective date of this article, the fund shall secure the payment of workers' compensation to all black car operators entitled thereto pursuant to this chapter by either: (a) self-insuring in accordance wi…

§ 160-iii. Insurance premiums. Nothing in this article or in the provisions of the workers' compensation law pertaining to coverage of livery drivers under this article shall be construed as limiting the discretion of the state insurance fund, in providing coverage to the New Yo…

§ 160-iiii. Controlling persons. 1. Each appraisal management company applying for a certificate of registration shall designate one controlling person who shall be the main contact for all communication between the department and the appraisal management company. Such designate…

§ 160-j. Examination prerequisites. 1. Certified general classification. As a prerequisite to taking the examination for certification as a state certified general real estate appraiser, an applicant shall present evidence satisfactory to the board that he or she has fulfilled t…

§ 160-jj. Assessment of fund members; customer surcharges; audit powers of the fund, the board and the fund's insurer. 1. To pay (a) the costs of the insurance purchased pursuant to subdivision three of section one hundred sixty-ii of this article or (b) the benefits due under t…

§ 160-jjjj. Employee requirements. 1. An appraisal management company that applies for a certificate of registration shall not knowingly employ, utilize, or engage, for any real estate appraisal, valuation service or appraisal review assignment, a person who has had a license or…

§ 160-k. Experience requirement. 1. An original certification of a\nstate certified real estate appraiser, or an original license of a state\nlicensed real estate appraiser, shall not be issued to any person who\ndoes not possess the equivalent of two years of appraisal experien…

§ 160-kk. Financial oversight of the fund. No later than May first of each year, the fund shall submit to the governor and legislature certified financial statements prepared in accordance with generally accepted accounting principles by a certified public accountant. The member…

§ 160-kkkk. Restrictions. An appraisal management company that applies for a certificate of registration shall not knowingly: 1. Employ any person in a position in which the person has the responsibility to order appraisals or valuation services or to review completed appraisals…

§ 160-l. Terms of registration. The term of a certificate or license issued under the authority of this article shall be two years from the date of issuance. The expiration date of the certificate or license shall appear on the certificate or license and no other notice of its e…

§ 160-ll. Exemption from taxes. The fund shall be exempt from payment of all fees and taxes levied by this state or any of its subdivisions, except taxes levied on real property.

§ 160-llll. Recordkeeping. Each appraisal management company shall maintain a detailed record of each service request that it receives and the real estate appraiser that performs such appraisal for the appraisal management company. Records shall be maintained for a period of at …

§ 160-m. Nonresident certification and licensing. 1. Every applicant for certification or licensing under this article who is not a resident of this state shall submit, with the application for certification or license, an irrevocable consent that service of process upon him or …

§ 160-mm. Liability insurance. The fund shall purchase such insurance as is necessary to protect the fund and any director, officer, agent or other representative from liability for their administration of the fund, and shall, to the extent permitted by law, indemnify such direc…

§ 160-mmmm. Appraiser independence; unlawful acts. Each appraisal management company shall ensure that real estate appraisals are conducted independently and free from inappropriate influence and coercion. Notwithstanding any other provision of this article, it shall be unlawful…

§ 160-n. Nonresident certification and licensing by reciprocity. If, in the determination of the board, the certification or licensing process has not been disapproved by the appraisal subcommittee of the federal financial institutions examination council, an applicant who is ce…

§ 160-nn. Regulations. The department shall adopt regulations implementing the provisions of this article, including the conduct and notice of hearings held pursuant to section one hundred sixty-oo of this article.

§ 160-nnnn. Mandatory reporting. An appraisal management company that has a reasonable basis to believe an appraiser within the appraisal management company's appraisal panel is failing to comply with the uniform standards of professional appraisal practice, is violating applica…

§ 160-o. Renewal certificate or license. 1. a. To obtain a\nrecertification as a state certified real estate appraiser, or a renewal\nof license as a state licensed real estate appraiser, the holder of a\ncurrent, valid certificate or license shall make application and pay the\n…

§ 160-oo. Violations; penalties; appeals. 1. (a) If the secretary believes a violation of this article by a fund member may have occurred, the secretary shall notify the local licensing authority of such fact and, upon notice to the fund member, a hearing shall be held by such l…

§ 160-oooo. Unprofessional conduct. 1. Appraisal management companies shall not engage in unprofessional conduct including, but not limited to the following: (a) Requiring an appraiser to modify any aspect of an appraisal report or valuation service report, unless such modificat…

§ 160-p. Basis for denial. The department may, in accordance with the provisions of this article relating to hearings, deny the issuance of a certificate as a state certified real estate appraiser, or license as a state licensed real estate appraiser, or license as a state licen…

§ 160-pppp. Alteration of appraisal reports. An appraisal management company shall not alter, modify, or otherwise change a completed appraisal or valuation service report submitted by an appraiser by removing such appraiser's signature or seal or by adding information to, or re…

§ 160-q. Principal place of business. 1. Each state certified or licensed real estate appraiser and each state licensed real estate appraiser assistant shall advise the department of the address of his or her principal place of business and all other addresses at which he or she…

§ 160-qqqq. Enforcement. The department may revoke or suspend the license of an appraisal management company, or in lieu thereof may impose a fine, per violation, not to exceed twenty-five thousand dollars if the department finds that the licensee has made a material misstatemen…

§ 160-r. Certificate or license. 1. A certificate or license issued under authority of this article shall bear the signature of the executive secretary of the board and a certificate or license number assigned by the department. 2. Each state certified real estate appraiser shal…

§ 160-rrrr. Disciplinary hearings. The department shall, before revoking or suspending any license or imposing any fine or reprimand on the holder thereof, and at least twenty days prior to the date set for the hearing, notify, in writing, the holder of such license of any charg…

§ 160-s. Use of term. 1. The title "state certified real estate appraiser" may only be used to refer to individuals who hold the certificate, and the title "state licensed real estate appraiser" may only be used to refer to individuals who hold the license, and the title "state …

§ 160-ssss. Power to suspend a license. In cases where the health, safety, or welfare of the public is endangered, the department shall have the authority to immediately suspend a license pending a hearing before an administrative law judge.

§ 160-t. Continuing education. 1. As a prerequisite to recertification\nor renewal of license, a certified or licensed real estate appraiser\nshall present evidence satisfactory to the department of having met the\ncontinuing education requirements, if any, pursuant to this arti…

§ 160-tttt. Investigation. The department shall have the power to enforce the provisions of this article and upon complaint of any person, or on its own initiative, to investigate any violation thereof or to investigate the business, business practices and business methods of an…

§ 160-u. Disciplinary proceedings. 1. The rights of any holder under a state certificate as a state certified real estate appraiser, or a license as a state licensed real estate appraiser, may be revoked or suspended, or the holder of the certification or license may be otherwis…

§ 160-uuuu. Rule-making authority. The department may adopt rules not inconsistent with the provisions of this chapter which may be reasonably necessary to implement, administer, and enforce the provisions of this chapter.

§ 160-v. Due process. 1. Before suspending or revoking any certification or license or imposing any fines on a holder of a certification or license, the department shall notify the state certified or licensed real estate appraiser or licensed real estate appraiser assistant in w…

§ 160-vvvv. Violations. 1. Any person or company who fails to obtain a certificate of registration required pursuant to this article shall be guilty of a misdemeanor. 2. Criminal actions for failure to obtain a certificate of registration may also be prosecuted by the attorney g…

§ 160-w. Hearing and judicial review. 1. The hearing on the charges shall be at a time and place prescribed by the department. 2. If the department determined that a state certified or licensed real estate appraiser or licensed real estate appraiser assistant is guilty of a viol…