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 board
is 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 by
the 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 estate
appraisers; 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 and
Veterans Administration guaranteed loans; and
(B) sell loans to the Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation.
(3) One (1) member who is not associated with the real estate
business in any way other than as a consumer.
(b) When making appointments under subsection (a), the governor
shall 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 members
to be the chair and another member to be the vice chair.
(b) A member of the board who serves as chair or vice chair
serves until a successor is elected.
(c) A member who serves as chair or vice chair may serve not
more 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 is
required 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Repealed
(Repealed by P.L.57-2007, SEC.9.)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 operation
of program; fee; rules
Sec. 6.5. The board shall submit recommendations to the
commission concerning the following:
(1) Implementation and operation of the real estate appraiser
licensure and certification program under IC 25-34.1-3-8.
(2) Rules governing real estate appraisers licensed and certified
under IC 25-34.1-3-8.
(3) Establishing a fee in an amount necessary to fund the
investigative fund established by section 7.5 of this chapter but
not more than twenty dollars ($20).
(4) Rules governing the administration of the investigative fund
established 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 and
certification.
(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 and
professional licensing agency
Sec. 7.5. (a) The investigative fund is established to provide funds
for administering and enforcing the provisions of this article,
including investigating and taking enforcement action against real
estate fraud and real estate appraisal fraud. The fund shall be
administered by the attorney general and the professional licensing
agency.
(b) The expenses of administering the fund shall be paid from the
money in the fund. The fund consists of:
(1) money from a fee imposed upon licensed or certified
appraisers and real estate brokers and salespersons under
IC 25-34.1-2-7 and IC 25-34.1-3-9.5;
(2) civil penalties deposited in the fund under
IC 24-5-23.5-9(d);
(3) registration fees imposed on appraisal management
companies 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 not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) Except as otherwise provided in this subsection, money in the
fund at the end of a state fiscal year does not revert to the state
general fund. If the total amount in the investigative fund exceeds
seven hundred fifty thousand dollars ($750,000) at the end of a state
fiscal year after payment of all claims and expenses, the amount that
exceeds seven hundred fifty thousand dollars ($750,000) reverts to
the state general fund.
(e) Money in the fund is continually appropriated for use by the
attorney general and the licensing agency to administer and enforce
the provisions of this article and to conduct investigations and take
enforcement action against real estate and appraisal fraud under this
article. The attorney general shall receive five dollars ($5) of each
fee collected under IC 25-34.1-2-7 and IC 25-34.1-3-9.5, and the
licensing 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 shall
enter into a memorandum of understanding to administer and enforce
this article.
(b) The attorney general and the licensing agency shall present the
memorandum of understanding annually to the commission for
review. 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 is
entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Each member of the board is entitled to
reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the department of
administration 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; evidence
of 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 disciplinary
sanction under IC 25-1-11.
(B) A crime that has a direct bearing on the individual's
ability to practice competently.
(C) Fraud or material deception in the course of professional
services or activities.
(D) A crime that indicates the individual has the propensity
to endanger the public.
(2) Have satisfied the requirements established under
IC 25-34.1-3-8(f).
(b) After December 31, 2008, the board shall require each
applicant for initial licensure or certification under this chapter to
submit 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 be
denied licensure or certification under this chapter for any reason set
forth in subsection (a)(1). The applicant shall pay any fees or costs
associated with the fingerprints and background check required
under this subsection. The board may not release the results of a
background check described in this subsection to any private entity.
(c) The board may request evidence of compliance with this
section in accordance with subsection (d). Evidence of compliance
with this section may include any of the following:
(1) Subject to subsections (b) and (d)(2), criminal background
checks, including a national criminal history background check
(as defined in IC 10-13-3-12) by the Federal Bureau of
Investigation.
(2) Credit histories.
(3) Other background checks considered necessary by the
board.
(d) The board may request evidence of compliance with this
section 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 or
certification; injunctions; enforcement
Sec. 12. (a) A person who:
(1) performs:
(A) the acts of a licensed real estate appraiser without a
license; or
(B) the acts of a certified real estate appraiser without a
certificate; or
(2) conducts or solicits or accepts enrollment of students for a
course without course approval as required by section 13 of this
chapter;
commits a Class B infraction. When a judgment is entered for an
offense under this section, the court shall add to any fine imposed the
amount of any fee or other compensation earned in the commission
of the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation
for performing acts regulated by this article, a party seeking relief
must allege and prove that at the time the cause of action arose the
party was not in violation of this section.
(c) The attorney general, the board, or the prosecuting attorney of
any county in which a violation occurs may maintain an action in the
name of the state of Indiana to enjoin a person from violating this
section.
(d) In charging any person in a complaint for a judgment or an
injunction for the violation of this section, it is sufficient, without
averring any further or more particular facts, to charge that the
person 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 students
for a real estate appraiser course without course approval.
(e) Each enforcement procedure established in this section and
IC 25-1-7-14 is supplemental to other enforcement procedures
established 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 satisfying
the requirements of the board without approval of the course by the
Appraiser Qualifications Board, under the regulatory oversight of the
Appraisal Subcommittee established under Title XI of the Financial
Institutions Reform, Recovery and Enforcement Act of 1989 (12
U.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 professional
licensing agency may use the investigative fund established by
section 7.5 of this chapter to hire investigators and other employees
to administer and enforce the provisions of this article and to
investigate and prosecute real estate fraud and real estate appraisal
fraud. As added by P.L.145-2003, SEC.13.
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 board
is 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 by
the 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 estate
appraisers; 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 and
Veterans Administration guaranteed loans; and
(B) sell loans to the Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation.
(3) One (1) member who is not associated with the real estate
business in any way other than as a consumer.
(b) When making appointments under subsection (a), the governor
shall 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 members
to be the chair and another member to be the vice chair.
(b) A member of the board who serves as chair or vice chair
serves until a successor is elected.
(c) A member who serves as chair or vice chair may serve not
more 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 is
required 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 operation
of program; fee; rules
Sec. 6.5. The board shall submit recommendations to the
commission concerning the following:
(1) Implementation and operation of the real estate appraiser
licensure and certification program under IC 25-34.1-3-8.
(2) Rules governing real estate appraisers licensed and certified
under IC 25-34.1-3-8.
(3) Establishing a fee in an amount necessary to fund the
investigative fund established by section 7.5 of this chapter but
not more than twenty dollars ($20).
(4) Rules governing the administration of the investigative fund
established 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 and
certification.
(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 and
professional licensing agency
Sec. 7.5. (a) The investigative fund is established to provide funds
for administering and enforcing the provisions of this article,
including investigating and taking enforcement action against real
estate fraud and real estate appraisal fraud. The fund shall be
administered by the attorney general and the professional licensing
agency.
(b) The expenses of administering the fund shall be paid from the
money in the fund. The fund consists of:
(1) money from a fee imposed upon licensed or certified
appraisers and real estate brokers and salespersons under
IC 25-34.1-2-7 and IC 25-34.1-3-9.5;
(2) civil penalties deposited in the fund under
IC 24-5-23.5-9(d);
(3) registration fees imposed on appraisal management
companies 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 not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) Except as otherwise provided in this subsection, money in the
fund at the end of a state fiscal year does not revert to the state
general fund. If the total amount in the investigative fund exceeds
seven hundred fifty thousand dollars ($750,000) at the end of a state
fiscal year after payment of all claims and expenses, the amount that
exceeds seven hundred fifty thousand dollars ($750,000) reverts to
the state general fund.
(e) Money in the fund is continually appropriated for use by the
attorney general and the licensing agency to administer and enforce
the provisions of this article and to conduct investigations and take
enforcement action against real estate and appraisal fraud under this
article. The attorney general shall receive five dollars ($5) of each
fee collected under IC 25-34.1-2-7 and IC 25-34.1-3-9.5, and the
licensing 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 shall
enter into a memorandum of understanding to administer and enforce
this article.
(b) The attorney general and the licensing agency shall present the
memorandum of understanding annually to the commission for
review. 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 is
entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Each member of the board is entitled to
reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the department of
administration 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; evidence
of 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 disciplinary
sanction under IC 25-1-11.
(B) A crime that has a direct bearing on the individual's
ability to practice competently.
(C) Fraud or material deception in the course of professional
services or activities.
(D) A crime that indicates the individual has the propensity
to endanger the public.
(2) Have satisfied the requirements established under
IC 25-34.1-3-8(f).
(b) After December 31, 2008, the board shall require each
applicant for initial licensure or certification under this chapter to
submit 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 be
denied licensure or certification under this chapter for any reason set
forth in subsection (a)(1). The applicant shall pay any fees or costs
associated with the fingerprints and background check required
under this subsection. The board may not release the results of a
background check described in this subsection to any private entity.
(c) The board may request evidence of compliance with this
section in accordance with subsection (d). Evidence of compliance
with this section may include any of the following:
(1) Subject to subsections (b) and (d)(2), criminal background
checks, including a national criminal history background check
(as defined in IC 10-13-3-12) by the Federal Bureau of
Investigation.
(2) Credit histories.
(3) Other background checks considered necessary by the
board.
(d) The board may request evidence of compliance with this
section 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 or
certification; injunctions; enforcement
Sec. 12. (a) A person who:
(1) performs:
(A) the acts of a licensed real estate appraiser without a
license; or
(B) the acts of a certified real estate appraiser without a
certificate; or
(2) conducts or solicits or accepts enrollment of students for a
course without course approval as required by section 13 of this
chapter;
commits a Class B infraction. When a judgment is entered for an
offense under this section, the court shall add to any fine imposed the
amount of any fee or other compensation earned in the commission
of the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation
for performing acts regulated by this article, a party seeking relief
must allege and prove that at the time the cause of action arose the
party was not in violation of this section.
(c) The attorney general, the board, or the prosecuting attorney of
any county in which a violation occurs may maintain an action in the
name of the state of Indiana to enjoin a person from violating this
section.
(d) In charging any person in a complaint for a judgment or an
injunction for the violation of this section, it is sufficient, without
averring any further or more particular facts, to charge that the
person 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 students
for a real estate appraiser course without course approval.
(e) Each enforcement procedure established in this section and
IC 25-1-7-14 is supplemental to other enforcement procedures
established 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 satisfying
the requirements of the board without approval of the course by the
Appraiser Qualifications Board, under the regulatory oversight of the
Appraisal Subcommittee established under Title XI of the Financial
Institutions Reform, Recovery and Enforcement Act of 1989 (12
U.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 professional
licensing agency may use the investigative fund established by
section 7.5 of this chapter to hire investigators and other employees
to administer and enforce the provisions of this article and to
investigate and prosecute real estate fraud and real estate appraisal
fraud. As added by P.L.145-2003, SEC.13.
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 board
is 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 by
the 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 estate
appraisers; 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 and
Veterans Administration guaranteed loans; and
(B) sell loans to the Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation.
(3) One (1) member who is not associated with the real estate
business in any way other than as a consumer.
(b) When making appointments under subsection (a), the governor
shall 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 members
to be the chair and another member to be the vice chair.
(b) A member of the board who serves as chair or vice chair
serves until a successor is elected.
(c) A member who serves as chair or vice chair may serve not
more 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 is
required 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 operation
of program; fee; rules
Sec. 6.5. The board shall submit recommendations to the
commission concerning the following:
(1) Implementation and operation of the real estate appraiser
licensure and certification program under IC 25-34.1-3-8.
(2) Rules governing real estate appraisers licensed and certified
under IC 25-34.1-3-8.
(3) Establishing a fee in an amount necessary to fund the
investigative fund established by section 7.5 of this chapter but
not more than twenty dollars ($20).
(4) Rules governing the administration of the investigative fund
established 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 and
certification.
(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 and
professional licensing agency
Sec. 7.5. (a) The investigative fund is established to provide funds
for administering and enforcing the provisions of this article,
including investigating and taking enforcement action against real
estate fraud and real estate appraisal fraud. The fund shall be
administered by the attorney general and the professional licensing
agency.
(b) The expenses of administering the fund shall be paid from the
money in the fund. The fund consists of:
(1) money from a fee imposed upon licensed or certified
appraisers and real estate brokers and salespersons under
IC 25-34.1-2-7 and IC 25-34.1-3-9.5;
(2) civil penalties deposited in the fund under
IC 24-5-23.5-9(d);
(3) registration fees imposed on appraisal management
companies 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 not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) Except as otherwise provided in this subsection, money in the
fund at the end of a state fiscal year does not revert to the state
general fund. If the total amount in the investigative fund exceeds
seven hundred fifty thousand dollars ($750,000) at the end of a state
fiscal year after payment of all claims and expenses, the amount that
exceeds seven hundred fifty thousand dollars ($750,000) reverts to
the state general fund.
(e) Money in the fund is continually appropriated for use by the
attorney general and the licensing agency to administer and enforce
the provisions of this article and to conduct investigations and take
enforcement action against real estate and appraisal fraud under this
article. The attorney general shall receive five dollars ($5) of each
fee collected under IC 25-34.1-2-7 and IC 25-34.1-3-9.5, and the
licensing 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 shall
enter into a memorandum of understanding to administer and enforce
this article.
(b) The attorney general and the licensing agency shall present the
memorandum of understanding annually to the commission for
review. 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 is
entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Each member of the board is entitled to
reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the department of
administration 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; evidence
of 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 disciplinary
sanction under IC 25-1-11.
(B) A crime that has a direct bearing on the individual's
ability to practice competently.
(C) Fraud or material deception in the course of professional
services or activities.
(D) A crime that indicates the individual has the propensity
to endanger the public.
(2) Have satisfied the requirements established under
IC 25-34.1-3-8(f).
(b) After December 31, 2008, the board shall require each
applicant for initial licensure or certification under this chapter to
submit 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 be
denied licensure or certification under this chapter for any reason set
forth in subsection (a)(1). The applicant shall pay any fees or costs
associated with the fingerprints and background check required
under this subsection. The board may not release the results of a
background check described in this subsection to any private entity.
(c) The board may request evidence of compliance with this
section in accordance with subsection (d). Evidence of compliance
with this section may include any of the following:
(1) Subject to subsections (b) and (d)(2), criminal background
checks, including a national criminal history background check
(as defined in IC 10-13-3-12) by the Federal Bureau of
Investigation.
(2) Credit histories.
(3) Other background checks considered necessary by the
board.
(d) The board may request evidence of compliance with this
section 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 or
certification; injunctions; enforcement
Sec. 12. (a) A person who:
(1) performs:
(A) the acts of a licensed real estate appraiser without a
license; or
(B) the acts of a certified real estate appraiser without a
certificate; or
(2) conducts or solicits or accepts enrollment of students for a
course without course approval as required by section 13 of this
chapter;
commits a Class B infraction. When a judgment is entered for an
offense under this section, the court shall add to any fine imposed the
amount of any fee or other compensation earned in the commission
of the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation
for performing acts regulated by this article, a party seeking relief
must allege and prove that at the time the cause of action arose the
party was not in violation of this section.
(c) The attorney general, the board, or the prosecuting attorney of
any county in which a violation occurs may maintain an action in the
name of the state of Indiana to enjoin a person from violating this
section.
(d) In charging any person in a complaint for a judgment or an
injunction for the violation of this section, it is sufficient, without
averring any further or more particular facts, to charge that the
person 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 students
for a real estate appraiser course without course approval.
(e) Each enforcement procedure established in this section and
IC 25-1-7-14 is supplemental to other enforcement procedures
established 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 satisfying
the requirements of the board without approval of the course by the
Appraiser Qualifications Board, under the regulatory oversight of the
Appraisal Subcommittee established under Title XI of the Financial
Institutions Reform, Recovery and Enforcement Act of 1989 (12
U.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 professional
licensing agency may use the investigative fund established by
section 7.5 of this chapter to hire investigators and other employees
to administer and enforce the provisions of this article and to
investigate and prosecute real estate fraud and real estate appraisal
fraud. As added by P.L.145-2003, SEC.13.
