CHAPTER 8. REAL ESTATE APPRAISER CERTIFICATION BOARD
IC 25-34.1-8
Chapter 8. Real Estate Appraiser Certification Board
IC 25-34.1-8-1
Creation of board
Sec. 1. The real estate appraiser licensure and certification boardis created.
As added by P.L.186-1990, SEC.14. Amended by P.L.183-1991,SEC.10.
IC 25-34.1-8-2
Qualification of members; appointment
Sec. 2. (a) The board consists of seven (7) members appointed bythe governor as follows:
(1) Five (5) members who are real estate appraisers:
(A) who are licensed or certified under this article;
(B) who have at least five (5) years experience as real estateappraisers; and
(C) at least three (3) of whom are certified appraisers.
(2) One (1) representative who represents lenders qualified to:
(A) make Federal Housing Administration insured loans andVeterans Administration guaranteed loans; and
(B) sell loans to the Federal National Mortgage Associationand the Federal Home Loan Mortgage Corporation.
(3) One (1) member who is not associated with the real estatebusiness in any way other than as a consumer.
(b) When making appointments under subsection (a), the governorshall consider the geographic areas represented on the board.
As added by P.L.186-1990, SEC.14. Amended by P.L.183-1991,SEC.11.
IC 25-34.1-8-3
Term
Sec. 3. Each board member serves for a term of four (4) years.
As added by P.L.186-1990, SEC.14.
IC 25-34.1-8-3.5
Officers
Sec. 3.5. (a) The board shall annually elect one (1) of its membersto be the chair and another member to be the vice chair.
(b) A member of the board who serves as chair or vice chairserves until a successor is elected.
(c) A member who serves as chair or vice chair may serve notmore than two (2) consecutive terms in that capacity.
(d) The chair shall preside at all of the board's meetings.
(e) The vice chair shall:
(1) preside at meetings in the absence of the chair; and
(2) perform other duties as directed by the chair.
As added by P.L.236-1995, SEC.51.
IC 25-34.1-8-4
Quorum
Sec. 4. (a) The board must have a quorum to transact business.
(b) Four (4) members of the board constitute a quorum.
As added by P.L.186-1990, SEC.14.
IC 25-34.1-8-5
Majority vote
Sec. 5. The affirmative vote of four (4) members of the board isrequired for the board to take action.
As added by P.L.186-1990, SEC.14.
IC 25-34.1-8-6
Repealed
(Repealed by P.L.57-2007, SEC.9.)
IC 25-34.1-8-6.5
Recommendations to commission; implementation and operationof program; fee; rules
Sec. 6.5. The board shall submit recommendations to thecommission concerning the following:
(1) Implementation and operation of the real estate appraiserlicensure and certification program under IC 25-34.1-3-8.
(2) Rules governing real estate appraisers licensed and certifiedunder IC 25-34.1-3-8.
(3) Establishing a fee in an amount necessary to fund theinvestigative fund established by section 7.5 of this chapter butnot more than twenty dollars ($20).
(4) Rules governing the administration of the investigative fundestablished by section 7.5 of this chapter.
As added by P.L.57-2007, SEC.5.
IC 25-34.1-8-7
Approval of applications; issuance of licenses and certificates
Sec. 7. The board shall do the following:
(1) Approve and disapprove applications for licensure andcertification.
(2) Issue licenses and certificates.
As added by P.L.186-1990, SEC.14. Amended by P.L.183-1991,SEC.13.
IC 25-34.1-8-7.5
Investigative fund; administration by attorney general andprofessional licensing agency
Sec. 7.5. (a) The investigative fund is established to provide fundsfor administering and enforcing the provisions of this article,including investigating and taking enforcement action against realestate fraud and real estate appraisal fraud. The fund shall beadministered by the attorney general and the professional licensingagency. (b) The expenses of administering the fund shall be paid from themoney in the fund. The fund consists of:
(1) money from a fee imposed upon licensed or certifiedappraisers and real estate brokers and salespersons underIC 25-34.1-2-7 and IC 25-34.1-3-9.5;
(2) civil penalties deposited in the fund underIC 24-5-23.5-9(d);
(3) registration fees imposed on appraisal managementcompanies under IC 25-34.1-11-15; and
(4) civil penalties deposited under IC 25-34.1-11-17.
(c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested.
(d) Except as otherwise provided in this subsection, money in thefund at the end of a state fiscal year does not revert to the stategeneral fund. If the total amount in the investigative fund exceedsseven hundred fifty thousand dollars ($750,000) at the end of a statefiscal year after payment of all claims and expenses, the amount thatexceeds seven hundred fifty thousand dollars ($750,000) reverts tothe state general fund.
(e) Money in the fund is continually appropriated for use by theattorney general and the licensing agency to administer and enforcethe provisions of this article and to conduct investigations and takeenforcement action against real estate and appraisal fraud under thisarticle. The attorney general shall receive five dollars ($5) of eachfee collected under IC 25-34.1-2-7 and IC 25-34.1-3-9.5, and thelicensing agency shall receive any amount that exceeds five dollars($5) of each fee collected under IC 25-34.1-2-7 and IC 25-34.1-3-9.5.
As added by P.L.145-2003, SEC.12. Amended by P.L.87-2006,SEC.6; P.L.57-2007, SEC.6; P.L.52-2009, SEC.13; P.L.77-2010,SEC.1.
IC 25-34.1-8-7.7
Memorandum of understanding
Sec. 7.7. (a) The attorney general and the licensing agency shallenter into a memorandum of understanding to administer and enforcethis article.
(b) The attorney general and the licensing agency shall present thememorandum of understanding annually to the commission forreview.
As added by P.L.87-2006, SEC.7.
IC 25-34.1-8-8
Repealed
(Repealed by P.L.183-1991, SEC.19.)
IC 25-34.1-8-9
Per diem; travel and other expenses
Sec. 9. Each member of the board who is not a state employee isentitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Each member of the board is entitled toreimbursement for travel expenses and other expenses actuallyincurred in connection with the member's duties, as provided in thestate travel policies and procedures established by the department ofadministration and approved by the budget agency.
As added by P.L.186-1990, SEC.14. Amended by P.L.3-2008,SEC.203.
IC 25-34.1-8-10
Qualification of applicants; criminal background checks; evidenceof compliance
Sec. 10. (a) To be licensed or certified as a real estate appraiser,an individual must meet the following conditions:
(1) Not have a conviction for any of the following:
(A) An act that would constitute a ground for disciplinarysanction under IC 25-1-11.
(B) A crime that has a direct bearing on the individual'sability to practice competently.
(C) Fraud or material deception in the course of professionalservices or activities.
(D) A crime that indicates the individual has the propensityto endanger the public.
(2) Have satisfied the requirements established underIC 25-34.1-3-8(f).
(b) After December 31, 2008, the board shall require eachapplicant for initial licensure or certification under this chapter tosubmit fingerprints for a national criminal history background check(as defined in IC 10-13-3-12) by the Federal Bureau of Investigation,for use by the board in determining whether the applicant should bedenied licensure or certification under this chapter for any reason setforth in subsection (a)(1). The applicant shall pay any fees or costsassociated with the fingerprints and background check requiredunder this subsection. The board may not release the results of abackground check described in this subsection to any private entity.
(c) The board may request evidence of compliance with thissection in accordance with subsection (d). Evidence of compliancewith this section may include any of the following:
(1) Subject to subsections (b) and (d)(2), criminal backgroundchecks, including a national criminal history background check(as defined in IC 10-13-3-12) by the Federal Bureau ofInvestigation.
(2) Credit histories.
(3) Other background checks considered necessary by theboard.
(d) The board may request evidence of compliance with thissection at any of the following times:
(1) The time of application for an initial license or certificate.
(2) The time of renewal of a license or certificate.
(3) Any other time considered necessary by the board.
(e) The commission, upon recommendation of the board, shall
adopt rules under IC 4-22-2 to implement this section.
As added by P.L.183-1991, SEC.14. Amended by P.L.214-1993,SEC.85; P.L.182-1996, SEC.3; P.L.145-2008, SEC.30.
IC 25-34.1-8-11
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-34.1-8-12
Real estate appraisal practice or education without license orcertification; injunctions; enforcement
Sec. 12. (a) A person who:
(1) performs:
(A) the acts of a licensed real estate appraiser without alicense; or
(B) the acts of a certified real estate appraiser without acertificate; or
(2) conducts or solicits or accepts enrollment of students for acourse without course approval as required by section 13 of thischapter;
commits a Class B infraction. When a judgment is entered for anoffense under this section, the court shall add to any fine imposed theamount of any fee or other compensation earned in the commissionof the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensationfor performing acts regulated by this article, a party seeking reliefmust allege and prove that at the time the cause of action arose theparty was not in violation of this section.
(c) The attorney general, the board, or the prosecuting attorney ofany county in which a violation occurs may maintain an action in thename of the state of Indiana to enjoin a person from violating thissection.
(d) In charging any person in a complaint for a judgment or aninjunction for the violation of this section, it is sufficient, withoutaverring any further or more particular facts, to charge that theperson upon a certain day and in a certain county:
(1) acted as:
(A) a certified real estate appraiser without a certificate; or
(B) a licensed real estate appraiser without a license; or
(2) conducted, or solicited or accepted enrollment of studentsfor a real estate appraiser course without course approval.
(e) Each enforcement procedure established in this section andIC 25-1-7-14 is supplemental to other enforcement proceduresestablished in this section.
As added by P.L.183-1991, SEC.16. Amended by P.L.57-2007,SEC.7; P.L.3-2008, SEC.204; P.L.84-2010, SEC.72.
IC 25-34.1-8-13
Real estate appraiser courses; approval
Sec. 13. A person may not conduct, solicit, or accept student
enrollment for a real estate appraiser course represented as satisfyingthe requirements of the board without approval of the course by theAppraiser Qualifications Board, under the regulatory oversight of theAppraisal Subcommittee established under Title XI of the FinancialInstitutions Reform, Recovery and Enforcement Act of 1989 (12U.S.C. 3331 et seq.).
As added by P.L.183-1991, SEC.17. Amended by P.L.57-2007,SEC.8.
IC 25-34.1-8-14
Repealed
(Repealed by P.L.57-2007, SEC.9.)
IC 25-34.1-8-15
Use of investigative fund
Sec. 15. The office of the attorney general and the professionallicensing agency may use the investigative fund established bysection 7.5 of this chapter to hire investigators and other employeesto administer and enforce the provisions of this article and toinvestigate and prosecute real estate fraud and real estate appraisalfraud.
As added by P.L.145-2003, SEC.13.