This chapter does not apply to a person who appraises real estate as part of the tax assessment process of a municipality.
Nothing in this chapter precludes a person who is not certified as a real estate appraiser from appraising real estate for compensation if the person does not hold out to be a certified appraiser and if appraisal by a certified appraiser is not required by federal law.
A person may not bring an action in a court of this state for compensation for an act done or service rendered as a certified real estate appraiser if the person did not hold a certificate under this chapter at the time that the person performed the act or service or offered to perform the act or service.
There is created in the Department of Commerce, Community, and Economic Development the Board of Certified Real Estate Appraisers. The board is composed of five members appointed by the governor. At least one member shall be a person licensed under this chapter as a general real estate appraiser, at least one member shall be a person licensed under this chapter as a residential real estate appraiser, at least one member shall be an executive in a mortgage banking entity, and at least one member shall represent the public. The board shall elect a chair from among its membership.
The board may exercise its disciplinary powers under AS 08.01.075 if, after hearing, the board finds a certified real estate appraiser has
(1) violated a provision of this chapter or a regulation adopted by the board under this chapter;
(2) been convicted of a crime that involves moral turpitude; or
(3) committed, while acting as a real estate appraiser, an act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit the appraiser or another person or to injure another person.
Article 04. GENERAL PROVISIONS
(a) A person engaged in the practice of real estate appraisal who is employed by or under the direct supervision of a certified real estate appraiser may become a registered trainee by submitting proof to the board that the person has successfully completed the number of classroom hours required by the board in regulation of courses in subjects related to real estate appraisal from an appraisal organization or academic institution approved by the board.
(b) A registered trainee may prepare or assist in the preparation of an appraisal report issued by a certified real estate appraiser if the report is also signed by the certified real estate appraiser and if the certified real estate appraiser accepts full responsibility for the report.
(a) A certified real estate appraiser shall retain for not less than three years copies of all written contracts engaging the appraiser's services for real property appraisal work, and all reports and supporting data assembled and formulated by the appraiser in preparing the reports.
(b) The three-year period specified in (a) of this section for retention of records is applicable to each engagement of the services of the appraiser and commences upon the date of the submittal of the appraisal reports to the client unless, within the three-year period, the appraiser is notified that the appraisal report is involved in litigation, in which case the three-year retention period commences upon the date of the final disposition of the litigation.
(c) All records that a certified appraiser must maintain under (a) of this section shall be made available to the board or department for inspection and copying upon reasonable notice to the appraiser.
A certified real estate appraiser may not
(1) act negligently or incompetently or fail without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
(2) wilfully disregard or violate a provision of this chapter or of a regulation adopted by the board under this chapter;
(3) fail to comply with the Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of the Appraisal Foundation;
(4) accept a fee for an appraisal assignment that is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion or upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment;
(5) knowingly make a false statement, submit false information, or fail to provide complete information in response to a question in an application for certification or for renewal of a certificate; or
(6) violate the confidential nature of government records to which the person gains access through retention as an appraiser by the government agency.
In addition to the powers and duties conferred on the board by AS 08.01, the board shall
(1) establish the examination specifications for certification as a general real estate appraiser, as a residential real estate appraiser, and as an institutional real estate appraiser;
(2) adopt rules of professional conduct to establish and maintain a high standard of integrity in the real estate appraisal profession; and
(3) adopt regulations necessary to carry out the purposes of this chapter, including regulations necessary to comply with the requirements of 12 U.S.C. 3331 - 3351 (Title XI, Financial Institutions Reform, Recovery, and Enforcement Act of 1989); the regulations adopted by the board under AS 08.87.110 , 08.87.120, and 08.87.310 may not be more stringent than the corresponding minimum requirements for receiving approval of the state's program of certification of real estate appraisers under 12 U.S.C. 3331 - 3351 or other federal law.
Article 02. CERTIFICATION
A person is guilty of a class B misdemeanor who
(1) does not hold a certificate issued by the board, whose certificate is suspended or revoked, or whose certificate has lapsed or terminated, and holds out as a certified real estate appraiser in any way, orally or in writing, directly or by implication;
(2) is certified as a residential real estate appraiser and holds out as certified to appraise real estate other than
(A) residential real property of four or fewer units; or
(B) residential real property of 12 or fewer units when a net income capitalization analysis is not required by the terms of the appraisal assignment and a secondary mortgage market form is used; or
(3) is certified as an institutional real estate appraiser and
(A) holds out as certified to appraise real estate other than
(i) residential real property of four or fewer units having a transaction value of less than $1,000,000; or
(ii) commercial property having a transaction value of less than $250,000;
(B) holds out as performing real estate appraisal services for a fee or for the public at large;
(C) accepts a fee for real estate appraisal services other than for services conducted as a full-time employee of a financial institution with offices in the state and other than a salary received as a full-time employee of the financial institution; or
(D) performs a real estate appraisal for other than the portfolio of the financial institution for which the person is employed.
In this chapter,
(1) 'analysis assignment' means an analysis, opinion, or conclusion prepared by a real estate appraiser that relates to the nature, quality, or utility of certified real estate or real property;
(2) 'appraisal' means an analysis, opinion, or conclusion prepared by a real estate appraiser relating to the nature, quality, value, energy efficiency, or utility of specified interests in, or aspects of, identified real estate, and includes a valuation appraisal, an analysis assignment, and a review assignment;
(3) 'appraisal assignment' means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested person rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate;
(4) 'appraisal report' means any communication, written or oral, of an appraisal;
(5) 'board' means the Board of Certified Real Estate Appraisers;
(6) 'department' means the Department of Commerce, Community, and Economic Development;
(7) 'general real estate appraiser' means a real estate appraiser certified to appraise all types of real property;
(8) 'institutional real estate appraiser' means a real estate appraiser employed full-time by a financial institution with offices in the state;
(9) 'real estate' means an identified parcel or tract of land, including improvements, but excluding subsurface natural resource values;
(10) 'real property' means one or more defined interests, benefits, and rights inherent in the ownership of real estate;
(11) 'residential real estate appraiser' means a real estate appraiser certified to appraise residential real property, subject to the limitations of AS 08.87.100 (2);
(12) 'review assignment' means an analysis, opinion, or conclusion prepared by a real estate appraiser that forms an opinion as to the adequacy and appropriateness of a valuation appraisal or an analysis assignment;
(13) 'valuation appraisal' means an analysis, opinion, or conclusion prepared by a real estate appraiser that estimates the value of an identified parcel of real estate, or identified real property at a particular time.
(a) The board may not renew a certificate issued under this chapter unless the person applying for renewal presents evidence satisfactory to the board that the person has, within the two years preceding the application for renewal, attended classroom instruction, as required by the board in regulation, in courses or seminars that have received the approval of the board.
(b) The board may grant credit toward some or all of the requirements of (a) of this section to a person who has
(1) successfully completed a program of study determined by the board to be equivalent for continuing education purposes to a course or seminar approved by the board for continuing education credit; or
(2) participated, other than as a student, in educational programs that related to real estate analysis or real property appraisal theory, practice, or technique, including teaching, program development, and preparation of textbooks, monographs, articles, and other instructional materials.
(c) The board shall adopt regulations on continuing education to ensure that persons applying for renewal of certificates have thorough knowledge of current theories, practices, and techniques of real estate analysis and appraisal. The regulations must provide for
(1) procedures for the sponsor of a course or seminar to apply for board approval for continuing education credit; the regulations must require the sponsor to show that claimed attendance at a course or seminar can be verified; and
(2) procedures for evaluating equivalency claims for applicants for certificate renewal under (b) of this section.
(d) In considering whether to approve courses and seminars under this section, the board shall give special consideration to courses, seminars, and other appraisal education programs developed by or under the auspices of organizations or associations of professional real estate appraisers that are utilized by those organizations or associations for the purposes of awarding real estate appraisal designations or of indicating compliance with the continuing education requirements of the organizations or associations.
(e) An amendment or repeal of a regulation adopted by the board under this section shall not operate to deprive a person holding a certificate under this chapter of credit toward renewal of the person's certificate for a course of instruction or seminar that had been completed by the person before the amendment or repeal of the regulation.
Article 03. PROHIBITED PRACTICES AND DISCIPLINARY PROCEEDINGS
(a) The board shall issue a general real estate appraiser certificate to a person who presents evidence satisfactory to the board that the person
(1) has successfully completed classroom instruction in subjects related to real estate appraisal, as required by the board in regulation, from an appraisal organization or academic institution approved by the board;
(2) has successfully completed classroom instruction related to standards of professional practice as a real estate appraiser, as required by the board in regulation;
(3) successfully completes an examination prescribed by the board;
(4) has not been convicted of a crime involving moral turpitude; and
(5) has paid the required fees.
(b) The board shall issue a residential real estate appraiser certificate to a person who presents evidence satisfactory to the board that the person
(1) meets the requirements of (a)(2) - (5) of this section; and
(2) has successfully completed classroom instruction in subjects related to residential real estate appraisal, as required by the board in regulation, from an appraisal organization or academic institution approved by the board.
(c) Notwithstanding (a) and (b) of this section, the board shall, without requiring the examination specified in (a)(3) of this section, issue a general real estate appraiser or residential real estate appraiser certificate to a person who can, by evidence satisfactory to the board, show that the person
(1) has been certified in another state that has certification requirements substantially equivalent to the requirements established by this chapter and by regulations issued by the board under this chapter, and that provides for certification of nonresidents under conditions similar to those set out in this subsection and without discriminatory costs;
(2) is not the subject of an unresolved complaint or disciplinary action before an authority regulating real estate appraisers or a professional real estate appraisers' association;
(3) has not failed the examination for certification as a real estate appraiser in this state;
(4) has not had certification as a real estate appraiser revoked or suspended in this state or in another jurisdiction;
(5) has submitted proof of continued competency satisfactory to the board;
(6) successfully completes an examination that may be prescribed by the board relating to appraisal matters unique to Alaska; and
(7) has paid the required fees.
(d) A certificate may be issued to a natural person only. A certified real estate appraiser may sign an appraisal report on behalf of a corporation, partnership, firm, or group practice.
(e) The board shall issue an institutional real estate appraiser certificate to a person who presents evidence satisfactory to the board that the person meets the educational and testing requirements of 12 U.S.C. 3331 - 3351 (Title XI, Financial Institutions Reform, Recovery, and Enforcement Act of 1989) as implemented by the board and that the person is a full-time employee of a financial institution with offices in the state. A person receiving certification under this subsection may perform an appraisal only
(1) for and as an employee of a financial institution with offices in the state;
(2) for the financial institution's own portfolio; and
(3) of
(A) commercial property with a transaction value of less than $250,000; or
(B) residential property of four or fewer units having a transaction value of less than $1,000,000.
(f) A certificate issued under (e) of this section terminates when the person certified leaves the full-time employment of the financial institution with offices in the state for whom the person was employed when the certificate was issued.
(g) A person certified under (e) of this section as an institutional real estate appraiser may not perform real estate appraisal services for the general public or for a fee other than the salary the person receives as a full-time employee of a financial institution with offices in the state.
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