GENERAL PROVISIONS
§ 36.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AQB—The Appraiser Qualifications Board of The Appraisal Foundation— The independent board of The Appraisal Foundation that establishes the minimum education, experience, examination and continuing education requirements for real property appraisers under Title XI of FIRREA (12 U.S.C.A. § § 3331—3356). The term includes any successor organization as designated by the United States Congress or the ASC.
AQB Qualification Criteria—The AQB publication, The Real Property Appraiser Qualification Criteria, establishing the minimum education, experience, examination and continuing education requirements for real property appraisers to obtain a state license or certification. The publication may be accessed at The Appraisal Foundation web site at www.appraisalfoundation.org.
ASC—The Appraisal Subcommittee of the Federal Financial Institutions Examination Council.
Act—The Real Estate Appraisers Certification Act (63 P.S. § § 457.1—457.19).
Ad valorem tax appraisal—Valuation for tax purposes involving the appraisal of real estate, its analysis, opinions and conclusions regarding taxation.
Applicant—A natural person.
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.
Appraisal review—An analysis of a completed appraisal report to determine if it conforms to specific requirements and guidelines and to ensure that the report is consistent and mathematically correct.
Board—The State Board of Certified Real Estate Appraisers within the Bureau of Professional and Occupational Affairs in the Department of State of the Commonwealth.
Certified broker/appraiser—A person who holds a certificate issued under authority of section 6(a)(3) of the act (63 P.S. § 457.6(a)(3)) and who is authorized to perform appraisals of all types of real property in non-Federally-related transactions.
Certified general real estate appraiser—A person who holds a certificate issued under authority of section 6(a)(2) and (e) of the act and § 36.12 (relating to qualifications for certification as general real estate appraiser) and who is authorized to perform appraisals of all types of real property in all transactions, whether Federally-related or non-Federally-related.
Certified real estate appraiser—A certified broker/appraiser, certified residential real estate appraiser or certified general real estate appraiser.
Certified residential real estate appraiser—A person who holds a certificate issued under authority of section 6(a)(1) and (d) of the act and § 36.11 (relating to qualifications for certification as residential real estate appraiser) and who is authorized to perform appraisals of residential properties of one-to-four dwelling units in all transactions, whether Federally-related or non-Federally-related.
Distance education—Except as otherwise required by AQB Qualification Criteria, an educational process based on the geographical separation of the learner and instructor, which provides interaction between the learner and instructor and includes testing. Examples include CD-ROM or DVD-ROM, on-line learning, correspondence courses, video conferencing, and video and remote television courses.
FIRREA—The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Pub.L. No. 101-73, 103 Stat. 183).
Feasibility analysis—A study of the cost-benefit relationship of an economic endeavor.
Federally-related transaction—A real estate-related financial transaction which a Federal financial institution regulatory agency or the Resolution Trust Corporation engages in, contracts for or regulates, and which requires the services of an appraiser.
Highest and best use analysis—A study which represents the reasonable and probable use that results in the highest present value of the land or improved property after considering all legally permissible, physically possible and economically feasible uses.
IDECC—International Distance Education Certification Center.
In good standing—(i) When referring to an individual certified or licensed by the Board to perform appraisals, an individual who is authorized under the act to perform appraisals or to act as a licensed appraiser trainee.
(ii) The term includes an individual who has an active, unrestricted certificate or license, or a certificate or license that is on probation or subject to a restriction ordered by the Board.
(iii) The term does not include an individual who holds a certificate or license that is inactive, expired, suspended or revoked.
Licensed appraiser trainee—A person who holds a license issued under section 6(a.1) of the act and § 36.12a (relating to qualifications for licensure as appraiser trainee) and who is authorized to assist a certified residential real estate appraiser or certified general real estate appraiser in the performance of an appraisal.
Real estate counseling—Providing, for a fee, disinterested and unbiased advice, professional guidance and judgment in the broad field of real estate, involving all segments of the business, including marketing, leasing, managing, planning, financing, appraising, providing testimony and other similar services. Real estate counseling is a specialty area in which the counselor clearly identifies the real estate problem to be solved, determines the most satisfactory solutions and, where appropriate, follows through on the implementation.
Real estate-related financial transaction—A transaction involving the following:(i) Sale, lease, purchase, investment in or exchange of real property, including interests in property or the financing thereof.
(ii) Refinancing of real property or interests in real property.
(iii) Use of real property or interests in property as security for a loan or investment, including mortgage-backed securities.
Review appraiser—A person who performs an appraisal review.
USPAP—The Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal Standards Board of The Appraisal Foundation.
Authority The provisions of this § 36.1 issued under sections 5(2), 6(h) and 10(b) of the Real Estate Appraisers Certification Act (63 P.S. § § 457.5(2), 457.6(h) and 457.10(b)); amended under sections 5(1) and (2), 6, 9(a) and 10(b) and (b.2) of the Real Estate Appraisers Certification Act (63 P.S. § § 457.5(1) and (2), 457.6, 457.9(a) and 457.10(b) and (b.2)); 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 § 36.1 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3864; amended December 3, 1993, effective December 4, 1993, 23 Pa.B. 5713; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3956; amended November 1, 2019, effective November 2, 2019, 49 Pa.B. 6667. Immediately preceding text appears at serial pages (389188) to (389190).
Cross References This section cited in 49 Pa. Code § 36.401 (relating to definitions).
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