Title 43 — Occupations and Professions
99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-23.3-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Agency" means the: a. Board of governors of the federal reserve system; b. Consumer financial protection bureau; c. Farm credit administration; d. Federal deposit insurance corporation; e. National credit union a…
N.D.C.C. § 43-23.3-02 North Dakota real estate appraiser qualifications and ethics board
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1. The governor shall appoint the board. The board must consist of five members. One member must represent the public; one member must be a representative of the financial industry; and three members must be appraisers, at least one of which is experienced in the appraisal of agr…
N.D.C.C. § 43-23.3-03 Powers and duties of the board
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1. The board, or the board's designated representative, shall: a. Define apprentice appraiser, licensed appraiser, certified residential appraiser, and certified general appraiser; determine the type of educational experience, appraisal experience, and equivalent experience that …
N.D.C.C. § 43-23.3-03.1 Public records exception
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Documents obtained by the board as part of the licensing, investigation, or disciplinary process which are deemed confidential under the uniform standards of professional appraisal practices are exempt records as defined in subsection 5 of section 44-04-17.1.
N.D.C.C. § 43-23.3-04 Permit required - Exemptions
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1. Except as provided in this section, a person may not directly or indirectly engage in, advertise, conduct the business of, or act in any capacity as an apprentice, licensed, or certified appraiser without first obtaining a permit as provided in this chapter. 2. An appraiser th…
N.D.C.C. § 43-23.3-04.1 Issuance of permits to applicants licensed or certified by another state
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The board shall issue a permit to an applicant who is licensed or certified in good standing by another state if the other state's requirements to be licensed or certified are at least substantially equivalent to the requirements imposed by this state, and if grounds for denial o…
N.D.C.C. § 43-23.3-05 Permit process
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An individual who desires to engage in the practice of real estate appraisal shall apply for a permit with the board and submit the required fee.
N.D.C.C. § 43-23.3-06 Classes of permits
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The board may issue apprentice, license, and certification permits for appraisers. 1. An apprentice appraiser must meet the minimum requirements established by the board for a permit. An apprentice appraiser may only assist a certified appraiser in the performance of an appraisal…
N.D.C.C. § 43-23.3-07 Examination requirement
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The board shall issue a permit to practice as a licensed, certified residential, or certified general appraiser to an individual who has successfully completed the appropriate national examination as required by the appraisal foundation appraisal qualification board criteria.
N.D.C.C. § 43-23.3-08 Appraisal education requirements
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An applicant for a permit as an apprentice, licensed, certified residential, or certified general appraiser shall successfully complete the education requirements established by the board.
N.D.C.C. § 43-23.3-09 Appraisal experience requirements
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The board may issue a permit to practice as a licensed, certified residential, or certified general appraiser to an individual who possesses the minimum experience requirements established by the board.
N.D.C.C. § 43-23.3-10 Expiration of permit
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Permits expire biennially on December thirty-first. The expiration date of the permit must appear on the permit and no other notice of its expiration need be given to the permittee.
N.D.C.C. § 43-23.3-11 Temporary permit
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1. The board may issue a temporary permit to an applicant who is licensed, or certified in good standing by another state. The board may deny a temporary permit to an applicant whose permit, apprenticeship, license, or certification was revoked, suspended, or otherwise subjected …
N.D.C.C. § 43-23.3-12 Permit renewal
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To renew a permit, the permittee shall apply to the board and pay the required fee. With the application for renewal, the appraiser shall present evidence of having completed the continuing education requirements for renewal. The board may adopt rules to allow permits to be assig…
N.D.C.C. § 43-23.3-13 Principal place of business
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A permittee shall notify the board of the address of the permittee's place of business. Within twenty days of a change in the address of the place of business, the permittee shall give written notification of the change to the board.
N.D.C.C. § 43-23.3-14 Permit number displayed with signature
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A permittee shall place the permittee's permit number adjacent to the permittee's signature on an appraisal report, contract, or other writing used by the permittee in conducting appraisal activities.
N.D.C.C. § 43-23.3-15 Use of designation
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The terms "apprentice appraiser", "licensed appraiser", "certified residential appraiser", "certified general appraiser", and "certified appraiser" may only be used to refer to an individual who holds a permit under this chapter and may not be used following or immediately in con…
N.D.C.C. § 43-23.3-16 Action for fee
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No claim for relief may be instituted in any court of this state for compensation for an act done or service rendered as an apprentice, licensed, or certified appraiser unless the appraiser held a permit to practice under this chapter at the time of offering to perform the act or…
N.D.C.C. § 43-23.3-17 Retention of records
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An apprentice, licensed, or certified appraiser shall comply with the recordkeeping rule as specified in the uniform standards of professional appraisal practice.
N.D.C.C. § 43-23.3-18 Standards of professional appraisal practice - Exception
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An apprentice, licensed, or certified appraiser shall comply with the standards of professional appraisal practice and ethical rules specified by the uniform standards of professional appraisal practice and all other standards and ethical requirements adopted by the appraisal sta…
N.D.C.C. § 43-23.3-18.1 Evaluation by appraiser
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1. An apprentice, licensed, or certified appraiser may provide an evaluation if the evaluation is permitted by law, regulation, or regulatory guidelines. An evaluation performed by an appraiser under this section must be conducted in accordance with federal and state laws and rul…
N.D.C.C. § 43-23.3-19 Continuing education
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The board shall adopt rules for the implementation of continuing education requirements to assure that permit renewal applicants have current knowledge of appraisal theories, practices, and techniques that provide a high degree of service and protection to the public. The rules m…
N.D.C.C. § 43-23.3-20 Fees
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The board may charge apprentice, licensed, and certified permittees and educational providers or promoters reasonable fees to help offset costs of operating the board. The board shall establish the charges by rule.
N.D.C.C. § 43-23.3-21 Disposition of fees
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The board, or its designated representative, shall deposit all fees collected by the board in a separate account. Disbursements from the account may not exceed the moneys credited to it. The board's designated representative shall review and pay appropriate charges against the ac…
N.D.C.C. § 43-23.3-22 Disciplinary proceedings
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1. The board may deny an application for, refuse to renew, suspend, or revoke a permit, impose a monetary fine, or issue a letter of reprimand, when the applicant or permittee has: a. Procured or attempted to procure a permit by knowingly making a false statement, submitting fals…
N.D.C.C. § 43-23.3-23 Penalties
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A person acting or purporting to act as an apprentice, licensed, or certified appraiser without holding a permit to practice is guilty of a class A misdemeanor. An appraiser, apprenticed, licensed, or certified in another state, who engages in, advertises, conducts the business o…
N.D.C.C. § 43-23.3-24 Criminal history record checks
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The board shall require an applicant for a permit, under sections 43-23.3-04.1, 43-23.3-07, 43-23.3-08, and 43-23.3-09, and may require a permittee to submit to a statewide and nationwide criminal history record check. The nationwide criminal history record check must be conducte…