Subchapter C. CERTIFIED PENNSYLVANIA
EVALUATORS


GENERAL PROVISIONS

Sec.


36.201.    Definitions.
36.202.    Certification requirements.
36.203.    Application process.
36.204.    Scope of practice.

QUALIFICATIONS FOR CERTIFICATION


36.221.    Qualifications for certification as a Pennsylvania evaluator.
36.222.    Required courses of study.
36.223.    Providers of appraisal/assessment courses.
36.224.    Distance education courses.
36.225.    [Reserved].

APPROVAL PROCESS—PROVIDERS


36.241.    Provider registration/appraisal or assessment courses.
36.242.    Standards for provider approval.
36.243.    Withdrawal of approval of providers.

CONTINUING EDUCATION


36.261.    Continuing education requirement.
36.262.    Continuing education subject matter.
36.263.    Distance education.
36.264.    Reporting of continuing education credit hours.
36.265.    Use of certificate number and title.

REACTIVATION OF CERTIFICATION


36.271.    Reactivation of lapsed certification.

STANDARDS OF PROFESSIONAL CONDUCT


36.281.    Standards of Professional Conduct.

Authority

   The provisions of this Subchapter C issued under sections 4(d) and 12 of the Assessors Certification Act (63 P. S. § §  458.4(d) and 458.12), unless otherwise noted.

Source

   The provisions of this Subchapter C adopted May 20, 1994, effective immediately and apply retroactively to March 17, 1994, 24 Pa.B. 2616, unless otherwise noted.

GENERAL PROVISIONS


§ 36.201. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Assessors Certification Act (63 P. S. § §  458.1—458.16).

   Ad valorem taxation purposes—The establishment of the value of real property as determined by a government employe or revaluation company personnel on contract with a governmental entity for real estate tax assessment.

   Appraisal assessing profession—The body of individuals who are deemed to be qualified to perform ad valorem tax appraisals.

   Assessor—A person responsible for the valuation of real property for ad valorem taxation purposes.

   Business with which a certified Pennsylvania evaluator is associated—A business in which the certified Pennsylvania evaluator or a member of the certified Pennsylvania evaluator’s immediate family is a director, officer, owner or employe, or has a financial interest.

   Certified Pennsylvania evaluator—An individual who has completed a minimum of 90 hours of basic courses of study covering the appraisal assessing profession and has successfully completed a comprehensive examination covering all phases of the appraisal process and the assessment function established by the assessment statutes of the Commonwealth.

   Conflict of interest—A situation in which a certified Pennsylvania evaluator uses the certified Pennsylvania evaluator’s employment or confidential information received through the course of the employment for the private pecuniary benefit of the certified Pennsylvania evaluator, a member of the certified Pennsylvania evaluator’s immediate family, or a business with which the certified Pennsylvania evaluator or a member of the certified Pennsylvania evaluator’s immediate family is associated.

   Financial interest—A financial interest in a legal entity engaged in business for profit which comprises more than 5% of the equity of the business or more than 5% of the assets of the economic interest in indebtedness.

   Immediate family—A parent, spouse, child, brother, sister, grandparent or grandchild and, when living in the family household (or under a common roof), all other individuals related by blood or marriage.

   Real estate appraisal—A written analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real property, for or in expectation of compensation.

   Real estate tax assessment—A valuation placed on real property for governmental purposes by a government employe or revaluation company personnel on contract with a government.

Authority

   The provisions of this §  36.201 amended under sections 3 and 7(a)(6) of the Assessors Certification Act (63 P. S. § §  458.3 and 458.7(a)(6)).

Source

   The provisions of this §  36.201 amended October 25, 1996, effective October 26, 1996, 26 Pa.B. 5105; amended April 24, 1998, effective April 25, 1998, 28 Pa.B. 1941. Immediately preceding text appears at serial pages (221120) to (221121).

§ 36.202. Certification requirements.

 An assessor employed on or before March 16, 1992, who does not hold the title of ‘‘certified Pennsylvania evaluator,’’ and an assessor employed after March 16, 1992, shall obtain certification as a Pennsylvania evaluator within 3 years from the effective date of employment as an assessor.

§ 36.203. Application process.

 (a)  Application forms. Application forms for certification as a Pennsylvania evaluator may be obtained from the Administrative Office of the Board, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, (717) 783-4866.

 (b)  Application fee. The application form shall be accompanied by the fee for certification as a Pennsylvania evaluator as set forth in §  36.6 (relating to fees). The application fee is nonrefundable. Payment shall be in the form of a personal check or money order payable to the ‘‘Commonwealth of Pennsylvania.’’

 (c)  Approved applications. An approved application will be valid for 1 year from the date of approval. If an applicant does not pass the certification examination within this 1-year period, the applicant’s application will be considered to have been withdrawn. If the applicant wishes to take the examination after 1 year from the date of approval, a new application, along with the required fee, shall be reviewed on the basis of statutes and regulations in effect at the time the new application is received by the Board.

 (d)  Disapproved applications. An applicant whose application has been disapproved by the Board will be notified in writing of the reasons for the disapproval and will have 1 year from the date of disapproval to correct the deficiencies or to file a request for reconsideration. A request for reconsideration shall give the reason for the applicant’s request, shall be accompanied by documentary materials not previously submitted which the applicant wishes the Board to consider and may include a request for an informal interview with the Board. If a request for reconsideration is denied or an applicant is unable to correct the deficiencies which resulted in disapproval of the application within 1 year from the date of disapproval, a new application, along with the required fee, shall be submitted to the Board. An applicant’s new application will be reviewed on the basis of statutes and regulations in effect at the time that the new application is received by the Board.

Authority

   The provisions of this §  36.203 amended under section 3 of the Assessors Certification Act (63 P. S. §  458.3).

Source

   The provisions of this §  36.203 amended October 25, 1996, effective October 26, 1996, 26 Pa.B. 5104. Immediately preceding text appears at serial page (201937).

§ 36.204. Scope of practice.

 Assessors and revaluation company personnel who receive certification as a Pennsylvania evaluator may perform appraisals of real property only in limited circumstances, that is, for tax assessment/governmental purposes.

Authority

   The provisions of this §  36.204 issued under section 3 of the Assessors Certification Act (63 P. S. §  458.3).

Source

   The provisions of this §  36.204 adopted October 25, 1996, effective October 26, 1996, 26 Pa.B. 5105.

QUALIFICATIONS FOR CERTIFICATION


§ 36.221. Qualifications for certification as a Pennsylvania evaluator.

 (a)  To be considered for certification as a Pennsylvania evaluator, an assessor shall meet the following requirements. The assessor shall:

   (1)  Have a high school diploma or its equivalent, or 2 years of assessing experience.

   (2)  Be 18 years of age or older.

   (3)  Be a resident of this Commonwealth for at least 6 months.

   (4)  Have successfully completed a minimum of 90 classroom hours of courses of study in subjects covering the appraisal assessing profession, including coverage of the topics in §  36.222 (relating to required courses of study).

   (5)  Have successfully completed a comprehensive examination covering all phases of the appraisal process and the assessment function.

 (b)  An applicant for certification as a Pennsylvania evaluator who has demonstrated compliance with the requirements of subsection (a) and §  36.222 will be granted a certificate by the Board. The fee for certification is set forth in §  36.6 (relating to fees).

 (c)  Each certificate holder will be issued a wall certificate indicating initial certification and a registration packet, including a biennial renewal certificate and a wallet-size certification card, both of which show the expiration date of the certificate. Certificates expire on June 30 of each odd-numbered year, regardless of the date of issuance.

 (d)  Certificates are renewable for a 2-year period, beginning July 1 of each odd-numbered year. The fee for biennial renewal of certification is set forth in §  36.6.

§ 36.222. Required courses of study.

 (a)  Courses of study. The applicant for certification as a Pennsylvania evaluator shall submit evidence to the Board of having completed 90 classroom hours of courses in subjects covering the appraisal assessing profession, which include coverage of the following topics:

   (1)  Influence in real estate value.

   (2)  Legal considerations influencing value.

   (3)  Types of values.

   (4)  Economic principles.

   (5)  Real estate markets and analysis.

   (6)  Valuation process.

   (7)  Property description.

   (8)  Highest and best use analysis.

   (9)  Appraisal statistical concepts.

   (10)  Sales comparison approach.

   (11)  Site value.

   (12)  Cost approach.

   (13)  Income approach, including direct and yield capitalization techniques.

   (14)  Valuation of partial interests.

   (15)  Uniform Standards of Professional Appraisal Practice.

   (16)  Narrative report writing.

   (17)  Assessment law and practice.

   (18)  Mass appraisal systems.

   (19)  Mapping.

 (b)  Length of classroom hour requirement. Credit toward the classroom hour requirement will only be granted if the length of the educational offering is at least 15 hours of instruction, and the applicant successfully completes an examination pertinent to that educational offering. A classroom hour is defined as 50 minutes out of each 60 minute segment.

 (c)  Teaching credit. Credit toward the classroom hour requirement will be awarded to teachers of appraisal or assessment related courses for actual classroom time. Credit will not be given for course repetition.

Cross References

   This section cited in 49 Pa. Code §  36.221 (relating to qualifications for certification as a Pennsylvania evaluator); and 49 Pa. Code §  36.224 (relating to distance education courses).

§ 36.223. Providers of appraisal/assessment courses.

 Credit for the classroom hour requirement may be obtained from accredited colleges, universities, community or junior colleges. Subject to Board approval under §  36.241 (relating to provider registration/appraisal or assessment courses), credit for the classroom hour requirement may also be obtained from real estate appraisal or assessment related organizations, State or Federal agencies or commissions, proprietary schools and other providers.

§ 36.224. Distance education courses.

 A distance education course is acceptable to meet the classroom hour requirement if the course is approved by the Board and meets the following conditions:

   (1)  The course is presented by one of the following:

     (i)   An accredited (Commission on Colleges or a regional accreditation association) college or university that offers distance education programs in other disciplines.

     (ii)   A course provider that has received approval for course design and delivery mechanism from the IDECC and approval for course content from the Board or from the AQB through its Course Approval Program.

   (2)  The applicant successfully completes a written examination proctored by an official approved by the college, university or other course provider.

   (3)  The content and length of the course meet the requirements of §  36.222 (relating to required courses of study).

Authority

   The provisions of this §  36.224 amended under sections 5(2), 6(f) and 10(b) of the Real Estate Appraisers Certification Act (63 P. S. § §  457.5(2),, 457.6(f) and 457.10(b)); and sections 3, 4(d) and 12 of the Assessors Certification Act (63 P. S. § §  458.3, 458.4(d) and 458.12).

Source

   The provisions of this §  36.224 amended Juy 20, 2007, effective July 21, 2007, 37 Pa.B. 3367. Immediately preceding text appears at serial pages (243754) and (253891).

§ 36.225. [Reserved].



Source

   The provisions of this §  36.225 reserved July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367. Immediately preceding text appears at serial page (253891).

APPROVAL PROCESS—PROVIDERS


§ 36.241. Provider registration/appraisal or assessment courses.

 Real estate appraisal or assessment related organizations, State or Federal agencies or commissions, proprietary schools and other providers other than accredited colleges or universities and community or junior colleges, seeking to offer appraisal or assessment related courses for classroom hour credit or continuing education credit shall complete and file with the Board an application for Board approval as a provider of appraisal or assessment related courses. Providers of courses previously approved under § §  36.31 and 36.32 (relating to provider registration/appraisal courses; and standards for providers) need not reapply for approval under this section. Application forms and a list of Board approved providers of appraisal and assessment courses can be obtained from the Administrative Office of the Board, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, (717) 783-4866.

Cross References

   This section cited in 49 Pa. Code §  36.223 (relating to providers of appraisal/assessment courses); and 49 Pa. Code §  36.262 (relating to continuing education subject matter).

§ 36.242. Standards for provider approval.

 (a)  Applicants for provider approval shall:

   (1)  Establish a mechanism measuring the quality of the course/continuing education program being offered.

   (2)  Establish criteria for selecting and evaluating faculty which seek to insure that instructors have suitable qualifications and are of good reputation and character.

   (3)  Establish criteria for the evaluation of each course/continuing education program upon completion.

   (4)  Submit a course outline and summary of faculty qualifications for each appraisal or assessment course proposed to be offered.

 (b)  The provider shall provide adequate facilities and appropriate instructional materials to carry out the courses/continuing education programs.

Cross References

   This section cited in 49 Pa. Code §  36.243 (relating to withdrawal of appraisal of providers).

§ 36.243. Withdrawal of approval of providers.

 The Board may, following notice and hearing under 2 Pa.C.S. § §  501—508 (relating to practice and procedure of Commonwealth agencies), withdraw the approval of an approved provider that it finds guilty of one or more of the following:

   (1)  Having acquired the Board’s approval by misrepresentation.

   (2)  Failing to maintain compliance with §  36.242 (relating to standards for provider approval).

   (3)  Otherwise failing to comply with this chapter.

CONTINUING EDUCATION


§ 36.261. Continuing education requirement.

 (a)  Except as provided in subsection (b), a certified Pennsylvania evaluator shall complete 28 classroom hours of continuing education—including at least 4 hours on USPAP and at least 2 hours on the act, this chapter and the policies of the Board—during each biennial renewal period as a condition of renewal of certification for the next biennial renewal period. Effective with renewal of certification for the 2007—2009 biennial renewal period, the USPAP requirement shall be the 7-hour National USPAP Update Course or an equivalent 7-hour course approved by the Board.

 (b)  A certified Pennsylvania evaluator whose initial certification becomes effective between January 1 and June 30 of a biennial renewal year will not be required to furnish proof of continuing education as a condition of biennial renewal of certification in that biennial renewal year.

Authority

   The provisions of this §  36.261 amended sections 5(2), 6(f) and 10(b) of the Real Estate Appraisers Certification Act (63 P. S. § §  457.5(2), 457.6(f) and 457.10(b); and sections 3, 4(d) and 12 of the Assessors Certification Act (63 P. S. § §  458.3, 458.4(d) and 458.12).

Source

   The provisions of this §  36.261 amended March 12, 1999, effective March 13, 1999, 29 Pa.B. 1393; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367. Immediately preceding text appears at serial page (253892).

Cross References

   This section cited in 49 Pa. Code §  36.271 (relating to reactivation of lapsed certification).

§ 36.262. Continuing education subject matter.

 (a)  Continuing education subject matter shall relate to assessment and appraisal practices. The following subjects are acceptable for continuing education:

   (1)  Ad valorem taxation.

   (2)  Arbitration.

   (3)  Business courses related to the practice of real estate appraisal.

   (4)  Development cost-estimating.

   (5)  Ethics and standards of professional practice.

   (6)  Land use planning, zoning and taxation.

   (7)  Management, leasing, brokerage and time sharing.

   (8)  Property development.

   (9)  Real estate appraisal.

   (10)  Real estate financing and investment.

   (11)  Real estate law.

   (12)  Real estate litigation.

   (13)  Real estate appraisal related computer applications.

   (14)  Real estate securities and syndication.

   (15)  Real property exchange.

   (16)  Mass appraisal model building.

   (17)  Mass appraisal model calibration.

   (18)  Assessment administration.

   (19)  Mapping.

 (b)  Credit for the classroom hour requirement will be granted only if the length of the educational offering is at least 2 hours. A classroom hour is defined as 50 minutes out of each 60 minute segment.

 (c)  Credit for the classroom hour requirement may be obtained from accredited colleges or universities and community or junior colleges. Subject to Board approval under §  36.241 (relating to provider registration/appraisal or assessment courses) credit for the classroom hour requirement may also be obtained from real estate appraisal of assessment related organizations, State or Federal agencies or commissions, proprietary schools and other providers.

 (d)  Educational offerings which cover real estate appraisal or assessment related topics other than those listed in subsection (a) will be acceptable for continuing education credit if the applicant can demonstrate to the Board that the topic or program contributed to the applicant’s professional competence.

 (e)  Continuing education credit may also be granted—up to 50% of the biennial requirement—for participation, other than as a student, in appraisal or assessment educational processes and programs. Examples of activities for which credit may be granted include teaching, program development, authorship of textbooks or similar activities which the applicant can demonstrate to the Board are equivalent to obtaining continuing education.

Authority

   The provisions of this §  36.262 amended under sections 5(2) and 9(a) of the Real Estate Appraisers Certification Act (63 P. S. § §  457.5(2)); and section 3 of the Assessors Certification Act (63 P. S. §  458.3).

Source

   The provisions of this §  36.262 amended March 12, 1999, effective March 13, 1999, 29 Pa.B. 1393; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956. Immediately preceding text appears at serial pages (328772) and (342163).

Cross References

   This section cited in 49 Pa. Code §  36.263 (relating to distance education).

§ 36.263. Distance education.

 A distance education course is acceptable for continuing education credit if it is approved by the Board and meets the following conditions:

   (1)  The course is presented by one of the following:

     (i)   A course provider that presents the course to an organized group in an instructional setting with a person qualified and available to answer questions, provide information and monitor attendance.

     (ii)   An accredited (Commission on Colleges or a regional accreditation association) college or university that offers distance education programs in other disciplines.

     (iii)   A course provider that has received approval for course design and delivery mechanism from the IDECC and approval for course content from the Board or from the AQB through its Course Approval Program.

   (2)  With regard to a course presented under paragraph (1)(ii) or (iii), the certified Pennsylvania evaluator either successfully completes a written examination proctored by an official approved by the college, university or other course provider or successfully completes the course mechanisms required for course accreditation that evidence the learner’s mastery and fluency of the course content.

   (3)  The content and length of the course meets the requirements of §  36.262 (relating to continuing education subject matter).

Authority

   The provisions of this §  36.263 amended under sections 5(2), 6(f) and 10(b) of the Real Estate Appraisers Certification Act (63 P. S. § §  457.5(2), 457.6(f) and 457.10(b)); and sections 3, 4(d) and 12 of the Assessors Certification Act (63 P. S. § §  458.3, 458.4(d) and 458.12).

Source

   The provisions of this §  36.263 amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367. Immediately preceding text appears at serial page (253894).

§ 36.264. Reporting of continuing education credit hours.

 Certified Pennsylvania evaluators applying for certificate renewal shall provide at the time of biennial renewal, and on forms approved by the Board, a signed statement certifying that continuing education requirements have been met along with information to document their certification.

§ 36.265. Use of certificate number and title.

 (a)  Each certified Pennsylvania evaluator shall place his name, signature and certificate number adjacent to or immediately below the title ‘‘Certified Pennsylvania Evaluator’’ on each written appraisal report prepared for external purposes and used by the certified Pennsylvania evaluator in conducting ad valorem tax appraisal activities.

 (b)  Professional designations may be included adjacent to the signature, if applicable. The following will serve as an example:

 /S/


 John Doe, (Professional Designation, if applicable)  Certified Pennsylvania Evaluator  Certification Number 1234

Cross References

   This section cited in 49 Pa. Code §  43b.15 (relating to schedule of civil penalties—certified real estate appraisers—statement of policy).

REACTIVATION OF CERTIFICATION


§ 36.271. Reactivation of lapsed certification.

 A certified Pennsylvania evaluator whose certification has lapsed for failure to biennially renew certification may apply to the Board for reactivation of certification by paying the renewal fee required under §  36.6 (relating to fees) and providing documentation of having completed 28 hours of continuing education as required under §  36.261 (relating to continuing education requirement) within the 2-year period immediately preceding the date of filing of the reactivation application. A certified Pennsylvania evaluator who performed a valuation of real property for ad valorem tax purposes, or held himself out as a certified Pennsylvania evaluator, during a period when his certification was lapsed shall be subject to disciplinary action by the Board under the act in addition to being required to pay late renewal fees under section 225 of the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. §  1401-225).

Authority

   The provisions of this §  36.271 amended under sections 5(2), 6(f) and 10(b) of the Real Estate Appraisers Certification Act (63 P. S. § §  457.5(2), 457.6(f) and 457.10(b)); and sections 3, 4(d) and 12 of the Assessors Certification Act (63 P. S. § §  458.3, 458.4(d) and 458.12).

Source

   The provisions of this §  36.271 amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367. Immediately preceding text appears at serial pages (253895) and (243755).

Cross References

   This section cited in 49 Pa. Code §  43b.15 (relating to schedule of civil penalties—certified real estate appraisers—statement of policy).

STANDARDS OF PROFESSIONAL CONDUCT


§ 36.281. Standards of Professional Conduct.

   Preamble

 Certified Pennsylvania evaluators shall comply with the act and this subchapter and conform to the standards of professional conduct in this section. Certified Pennsylvania evaluators who fail to adhere to these standards will be subject to professional discipline under section 7(a)(6) of the act (63 P. S. §  458.7(a)(6)).

   Standard 1. General duties.

 Certified Pennsylvania evaluators shall perform their duties in accordance with the general and specific county assessment laws and generally accepted assessment standards. Certified Pennsylvania evaluators shall perform all assessments in accordance with USPAP. Certified Pennsylvania evaluators may obtain a copy of the current edition of USPAP by writing, telephoning or e-mailing the Appraisal Foundation at 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517, (202) 347-7722 or info@appraisalfoundation.org, respectively.

   Standard 2. Public review of assessments and records.

 Certified Pennsylvania evaluators shall make property assessments available for public review and shall make all other records in their custody available for public review unless access to the records is specifically limited or prohibited by law or the information has been obtained on a confidential basis and the law permits the information to be treated confidentially.

   Standard 3. Professional qualifications.

 Certified Pennsylvania evaluators shall use professional designations only when they are properly authorized to do so. Certified Pennsylvania evaluators may not claim qualifications that are false, misleading or deceptive.

   Standard 4. Limitations on activities.

 Certified Pennsylvania evaluators may not perform assessment and appraisal-related assignments that could reasonably be construed as being in conflict with their responsibilities to their jurisdictions, employers or clients, in which they have unrevealed personal interests or biases, or that they are not qualified to perform.

   Standard 5. Contingent fees.

 Certified Pennsylvania evaluators may not perform an assessment or appraisal-related assignment if the employment itself is contingent upon the reporting of a predetermined analysis or opinion, or if the fee to be paid for the performance of the assignment is contingent upon the opinion, conclusion or valuation reached, or upon the consequences resulting from the assignment.

   Standard 6. Advertising and promotion.

 Certified Pennsylvania evaluators may not make false, misleading or deceptive statements or claims in advertising or promotions to solicit assessment and appraisal-related assignments.

   Standard 7. Conflict of interest.

 Certified Pennsylvania evaluators who are government employees may not solicit or perform assessment and appraisal-related assignments that could create conflicts of interest or the appearance of conflicts of interest.

   Standard 8. Reporting of unethical practices.

 Certified Pennsylvania evaluators shall report unethical practices or other similar actions or activities which may discredit or reflect adversely upon the appraisal or assessment profession to the Complaints Office of the Bureau of Professional and Occupational Affairs by telephoning the Complaints Office at (800) 822-2113 or by submitting a written complaint to the Complaints Officer of the Bureau of Professional and Occupational Affairs, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649.

Authority

   The provisions of this §  36.281 issued under sections 3 and 7(a)(2) of the Assessors Certification Act (63 P. S. § §  458.3 and 458.7(a)(6)); amended under sections 5(2), 6(f) and 10(b) of the Real Estate Appraisers Certification Act (63 P. S. § §  457.5(2), 457.6(f) and 457.10(b)); and sections 3, 4(d) and 12 of the Assessors Certification Act (63 P. S. § §  458.3, 458.4(d) and 458.12).

Source

   The provisions of this §  36.281 adopted April 24, 1998, effective April 25, 1998, 28 Pa.B. 1941; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367. Immediately preceding text appears at serial pages (243755) to (243757).



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