§ 62.2. Experience and fitness requirements for licensing.

 (a)  In addition to the requirements in sections 3, 4, 8 and 11 of the act (63 P. S. § §  853, 854, 858 and 861), to qualify to take the examination required for appraisers, an applicant shall establish competency to fulfill the responsibility of being an appraiser.

   (1)  Competency may be demonstrated by providing written documentation of one of the following:

     (i)   A minimum of 6 months continuous experience within the previous 3 years at an occupation, such as body repair, that directly involves the estimation of physical damage to motor vehicles.

     (ii)   Successful completion of education or training related to appraising motor vehicle physical damage taken within the previous 3 years.

   (2)  The applicant shall provide additional information relating to experience, education or training to the Commissioner or a designee upon request.

 (b)  An application for a license may be denied for any of the following:

   (1)  The applicant has provided incorrect, misleading or incomplete answers to interrogatories on forms incidental to applying for a license.

   (2)  The applicant has been denied a license or has had an existing license revoked, suspended or not renewed by the Department or a regulatory authority in another state, territory or possession of the United States, or in the District of Columbia, or the Canadian provinces.

   (3)  The applicant does not possess the professional competence and trustworthiness required to engage in conducting motor vehicle appraisals.

   (4)  An applicant has pleaded guilty, entered a plea of nolo contendere or has been found guilty of a felony in a court of competent jurisdiction, or has pleaded guilty, entered a plea of nolo contendere or been found guilty of criminal conduct which relates to the applicant’s suitability to conduct motor vehicle appraisals.

     (i)   Examples of criminal violations which the Department may consider related to the applicant’s suitability to engage in the business of an appraiser include: unlawful practices, embezzlement, obtaining money under false pretenses, conspiracy to defraud, bribery or corrupt influence, perjury or false swearing, unlicensed activity or a criminal offense involving moral turpitude or harm to another.

     (ii)   Examples of violations or incidents which the Department will not consider related to the applicant’s suitability to engage in the business of an appraiser are all summary offenses, records of arrests if there is no conviction of a crime based on the arrest, convictions which have been annulled or expunged or convictions for which the applicant has received a pardon from the Governor.

   (5)  If applicable, applicants shall also comply with the insurance-related provisions in sections 320 and 603(a) of the Violent Crime Control and Law Enforcement Act of 1994 (18 U.S.C.A. § §  1033 and 1034).

   (6)  The applicant has unpaid any overdue amounts, including, fees and civil penalties, owing to the Department.

Authority

   The provisions of this §  62.2 amended under sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S. § §  66, 186, 411 and 412); section 320 of The Insurance Department Act of 1921 (40 P. S. §  443); and the Motor Vehicle Physical Damage Appraiser Act (63 P. S. § §  851—863).

Source

   The provisions of this §  62.2 amended October 22, 1999, effective October 23, 1999, 29 Pa.B. 5511. Immediately preceding text appears at serial pages (254586) to (254587).



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