State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter39

CHAPTER 39 - REAL ESTATE APPRAISERS

 

33-39-101. Short title; license required.

 

 

(a) This act shall be known as the "Certified Real EstateAppraiser Act."

 

(b) Beginning July 1, 1991, it is unlawful for any person todirectly or indirectly engage in, advertise, conduct the business of or act inany capacity as a certified real estate appraiser for compensation within thisstate without first obtaining certification as provided in this act.

 

33-39-102. Definitions.

 

(a) As used in this act:

 

(i) "Appraisal" or "real estate appraisal"means a supportable opinion or conclusion relating to the nature, quality,value or utility of specified interests in, or aspects of, identified realestate;

 

(ii) "Appraisal assignment" means an engagement forwhich an appraiser is employed or retained to act, or would be perceived bythird parties or the public as acting, as a disinterested third party inrendering an unbiased supportable opinion or conclusion relating to the nature,quality, value or utility of specified interests in, or aspects of, identifiedreal estate;

 

(iii) "Appraisal foundation" means the appraisalfoundation incorporated as an Illinois corporation on November 30, 1987;

 

(iv) "Appraisal report" means any communication,written or oral, of an appraisal;

 

(v) "Board" means the certified real estate appraiserboard;

 

(vi) "Commission" means the Wyoming real estatecommission;

 

(vii) "Inactive permittee" means a permittee who hastemporarily surrendered his license to the board, who can no longer function asa certified real estate appraiser, but who may reactivate his permit withouthaving to take an examination. An inactive status permittee may be subject todisciplinary action and activation of an inactive permit may be subject to adenial action;

 

(viii) "Permit" means the document issued by the boardcertifying that the person named thereon has fulfilled all requirementsprerequisite for obtaining a permit to practice as a certified real estate appraiserunder this act;

 

(ix) "Permittee" means any individual who has beenissued a permit under this act to practice as a certified general, residentialor trainee appraiser;

 

(x) "Market analysis" means a price opinion preparedby a real estate licensee for marketing purposes;

 

(xi) "Real estate" means leaseholds, as well as anyother interest or estate in land, whether corporeal, incorporeal, freehold ornonfreehold, and whether the real estate is situated in this state orelsewhere;

 

(xii) "Certified real estate appraiser" means a personwho develops and communicates real estate appraisals and who holds a validpermit issued to him for either general or residential real estate under theprovisions of this act;

 

(xiii) "Responsible permittee" means a person issued apermit to practice as a certified residential or general real estate appraiser,or a trainee;

 

(xiv) "Salaried employee" means any person employed ona salaried basis or paid wages and the employee is subject to income tax andfederal insurance contributions (FICA) withholding;

 

(xv) "Specialized services" means any activity thatfalls outside of the definition of appraisal or appraisal assignment;

 

(xvi) "Uniform standards of professional appraisalpractices" (USPAP) means that edition of the standards of appraisalpractice promulgated by the appraisal foundation as adopted by the board;

 

(xvii) "This act" means W.S. 33-39-101 through33-39-130.

 

33-39-103. Exemptions.

 

Thisact does not apply to any person who does not hold himself out as, or offer toperform services as, a certified real estate appraiser.

 

33-39-104. Board of certified real estate appraisers.

 

 

(a) There is hereby established as an adjunct to the Wyomingreal estate commission the certified real estate appraiser board which shallconsist of five (5) members, one (1) of whom shall be a public member, one (1)of whom shall be a member of the banking industry and three (3) of whom shallbe certified real estate appraisers. The director of the real estate commissionwill serve as an ex officio member.

 

(b) The governor shall appoint the members of the certifiedreal estate appraiser board. The governor may remove any board member asprovided in W.S. 9-1-202. No more than one (1) board member shall be appointedfrom the same county. The members first appointed to the board shall be membersin good standing of a nationally recognized real estate appraisal organizationor have five (5) years of documented experience as a real estate appraiser inWyoming. Thereafter, each real estate appraiser member of the board shall be acertified real estate appraiser. At least two (2) of the appraiser membersshall hold a general certified appraiser permit. The term of each member shallbe three (3) years, except that, of the members first appointed, two (2) shallserve for three (3) years, two (2) shall serve for two (2) years and one (1)shall serve for one (1) year. Upon expiration of their terms, members of theboard shall continue to hold office until the appointment and qualification oftheir successors. No person shall serve as a member of the board for more thantwo (2) consecutive terms. The public member of the board shall not be engagedin the practice of certified real estate appraising. The members of the boardshall annually elect a chairperson from among the members to preside at boardmeetings. A quorum of the board shall be three (3) members.

 

(c) Each member of the board shall receive from the certifiedreal estate appraisal board account for each day actually spent on his officialduties, per diem and mileage allowance as allowed to state employees for theperformance of official duties.

 

(d) The Wyoming attorney general shall render to the boardopinions on all questions of law and shall act as attorney for the board in allactions and proceedings brought by or against it under or pursuant to any ofthe provisions of this act. Fees and expenses of the attorney general arisingout of such duties shall be paid out of the certified real estate appraisal boardaccount.

 

(e) The board through the attorney general may compel theattendance of witnesses and the production of books, documents, records andother papers, to administer oaths and to take testimony and receive evidenceconcerning all matters within its jurisdiction.

 

33-39-105. Powers of the board; rulemaking authority.

 

(a) The board shall:

 

(i) Define by regulation each category of certified real estateappraiser, the type of educational experience, appraisal experience andequivalent experience that will meet the statutory requirements of this act;

 

(ii) Establish examination specifications for each category ofcertified real estate appraiser and provide or procure appropriateexaminations;

 

(iii) Approve or disapprove applications for certification andissue permits to practice;

 

(iv) Define by regulation continuing education requirements forthe renewal of permits;

 

(v) Impose an administrative fine not to exceed two thousandfive hundred dollars ($2,500.00) for each separate offense, censure thepermittee, place the permittee on probation and set the terms of probation,suspend or revoke any permit as provided in this act and the WyomingAdministrative Procedure Act;

 

(vi) Hold meetings, hearings and examinations in places and at timesas it shall designate;

 

(vii) Promote research and conduct studies relative to theprofession of certified real estate appraising and sponsor educationalactivities;

 

(viii) Contract for services necessary to carry out the provisionsof this act;

 

(ix) Promulgate reasonable rules and regulations necessary tocarry out the requirements imposed under Title XI of the Financial InstitutionsReform, Recovery and Enforcement Act of 1989 (FIRREA).

 

33-39-106. Additional powers and duties of the board; disposition offees.

 

(a) The board shall:

 

(i) Receive applications for permits and certification;

 

(ii) Establish the administrative procedures for processingapplications;

 

(iii) Maintain a registry of the names and addresses of peoplecertified and issued a permit to practice under this act;

 

(iv) Retain records and all application materials;

 

(v) Repealed By Laws 2007, Ch. 184, 3.

 

(vi) Issue to each permittee a permit and pocket card in thesize and form as it may approve. The permit and card shall remain the propertyof the state, and, upon suspension or revocation of the permit to practicepursuant to this act, shall be returned immediately to the board;

 

(vii) Require criminal history record background checks onapplicants for permits under this act.

 

(b) All fees collected by the board shall be deposited in thestate treasury. The state treasurer shall deposit the fees to the credit ofthe certified real estate appraiser board account. Disbursements from theaccount shall not exceed the monies credited to it. The real estate commissiondirector shall review and pay appropriate charges against the account forservices provided to the certified real estate appraiser board by the realestate commission or its staff and for payment of costs of the board.

 

(c) The commission may employ employees to assist in thedischarge of the duties imposed upon it by this act subject to the rules andregulations of the human resources division of the department of administrationand information. All files, records and property of the commission shall at alltimes remain in the office. No employee of the commission shall be a paidemployee of any real estate association or group of real estate dealers,brokers or appraisers.

 

33-39-107. Standards of professional certified appraisal practice.

 

Eachcertified real estate appraiser issued a permit to practice under this actshall comply with the standards of professional appraisal practice and ethicalrules specified by the Uniform Standards of Professional Appraisal Practice.

 

33-39-108. Fees.

 

Pursuantto W.S. 33-1-201, the board shall establish fees for examinations, originalpermits, renewals, change of place of business, certifications, change ofcontractual association, duplicate permits and duplicate pocket cards. The feesshall be used to pay the expense of maintaining and operating the office of theboard and the enforcement of this act.

 

33-39-109. Permit process.

 

(a) Any person who desires to engage in the practice ofcertified real estate appraisal in this state or to practice as a certifiedtrainee shall make application, in writing, on forms prescribed by the board.

 

(b) Fees, as fixed by the board, shall accompany allapplications for original permits, renewal permits, examinations and otherapplications authorized under this act.

 

(c) Each applicant for a trainee, certified residential orgeneral permit shall have reached the age of majority.

 

(d) An application for a permit under this act shall beaccompanied by fingerprints and other information necessary for a criminalhistory record background check as provided under W.S. 7-19-201.

 

33-39-110. Classes of permits.

 

(a) There shall be three (3) classes of permits for certifiedreal estate appraisers:

 

(i) Certified residential real estate appraiser classificationshall consist of those persons meeting the requirements for a permit relatingto the appraisal of residential real property of one (1) to four (4) units;

 

(ii) Certified general real estate appraiser classificationshall consist of those persons meeting the requirements for a permit relatingto the appraisal of all types of real property;

 

(iii) A real estate appraisal traineeis authorized only to assista certified general or residential appraiser in the performance of an appraisalassignment.

 

(b) A certified real estate appraiser is authorized to performonly those real estate appraisal assignments that are within the scope of hispermit classification.

 

(c) The appraisal report shall include the signature of thepermittee.

 

(d) The application for the original permit, renewal permit andexamination shall specify the classification of the permit being applied for.

 

33-39-111. Examination requirement.

 

 

(a) An original permit as a certified real estate appraisershall be issued to any person who has demonstrated through a writtenexamination process that he possesses the following:

 

(i) Knowledge of technical terms used in or related to realestate appraising, appraisal report writing and economic concepts applicable toreal estate;

 

(ii) Understanding of the principles of land economics, realestate appraisal processes and of problems likely to be encountered ingathering, interpreting and processing of data in carrying out appraisaldisciplines;

 

(iii) Understanding the Uniform Standards of ProfessionalAppraisal Practices as adopted by the board;

 

(iv) Knowledge of theories of depreciation, cost estimating,methods of capitalization and the mathematics of real estate appraisal that areappropriate for the classification of the permit applied for;

 

(v) Knowledge of other principles and procedures as may beappropriate for the respective classifications;

 

(vi) Basic understanding of real estate law; and

 

(vii) Understanding of the types of misconduct for whichdisciplinary proceedings may be initiated against certified real estateappraisers, as set forth in this act and regulations promulgated by the board.

 

33-39-112. Examination prerequisites.

 

(a) General classification. As a prerequisite to taking theexamination for a permit to practice as a certified general real estateappraiser, an applicant shall have successfully completed a minimum of threehundred (300) classroom hours of courses in subjects related to real estateappraisal from a nationally recognized appraisal organization or a college oruniversity approved by the board, which shall include fifteen (15) classroomhours related to standards of professional appraisal practice.

 

(b) Residential classification. As a prerequisite to takingthe examination for a permit to practice as a certified residential real estateappraiser, an applicant shall have successfully completed a minimum of twohundred (200) classroom hours of courses in subjects related to real estateappraisal from a nationally recognized appraisal organization or a college oruniversity approved by the board, which shall include fifteen (15) classroomhours related to standards of professional appraisal practice.

 

(c) Trainee classification. To receive a permit to practice asa certified real estate appraisal trainee, an applicant shall successfullycomplete a minimum of seventy-five (75) classroom hours of education insubjects related to real estate appraisal as approved by the board, which shallinclude fifteen (15) classroom hours related to standards of professionalappraisal practice. No examination is required.

 

33-39-113. Experience requirement.

 

(a) General classification. An original permit to practice asa certified general real estate appraiser shall not be issued to any person whodoes not possess the equivalent of two and one-half (2 ) years of experienceand a minimum of three thousand (3,000) hours in real estate appraisal. Theexperience or its equivalent shall be acquired within a period of five (5)years immediately preceding the filing of the application for a permit.

 

(b) Residential classification. An original permit to practiceas a certified residential real estate appraiser shall not be issued to anyperson who does not possess the equivalent of two (2) years of experience and aminimum of two thousand five hundred (2,500) hours in real estate appraisal.The experience or its equivalent shall be acquired within a period of five (5)years immediately preceding the filing of the application for a permit.

 

(c) Each applicant for a permit shall furnish, under oath, adetailed listing of the real estate appraisal reports or file memoranda foreach year for which experience is claimed by the applicant. Upon request, theapplicant shall make available to the board copies of appraisal reports whichthe applicant has assisted in preparing.

 

33-39-114. Term of permit.

 

Theterm of a permit issued under the authority of this act shall be two (2) yearsfrom the date of issuance. The expiration date of the permit shall appear onthe permit and no other notice of its expiration need be given to its holder.

 

33-39-115. Nonresident permit.

 

(a) Prior to being issued a permit, every nonresident permitteeshall file with the board a designation in writing which appoints the directorof the board to act as his licensed agent upon whom all judicial and otherprocess or legal notices directed to the permittee may be served. Service uponthe agent so designated shall be equivalent to personal service upon thepermittee. Copies of the appointment, certified by the director of the board,shall be received in evidence in any proceeding and shall be given the sameforce and effect as the original. In the written designation the permitteeshall agree that any lawful process against the permittee which is served uponhis appointed agent shall be of the same legal force and validity as if servedupon the permittee, and that the authority of the agent shall continue in forceso long as any liability of the permittee remains outstanding in this state. Upon the receipt of any process or notice, the director shall mail a copy ofthe same by certified mail, return receipt requested, to the last knownbusiness address of the permittee.

 

(b) No permit shall be issued to a nonresident until he hasagreed in writing to abide by all the provisions of this act with respect tohis certified real estate appraisal activities within this state and to submitto the jurisdiction of the board and this state as provided in subsection (a)of this section. The agreement shall be filed with the board and shall remainin force for so long as the nonresident holds a permit issued by this state andthereafter with respect to acts or omissions committed while holding a permitin this state as a nonresident permittee.

 

(c) A nonresident of this state who has complied with theprovisions of subsections (a) and (b) of this section may obtain a permit topractice as a certified real estate appraiser by conforming to all of theprovisions of this act relating to certified real estate appraisers.

 

33-39-116. Nonresident permit by reciprocity.

 

Ifthe board determines that another state has substantially equivalentrequirements and reciprocity exists between the states, an applicant from suchother state may obtain a permit to practice as a certified real estateappraiser in this state.

 

33-39-117. Renewal permit.

 

Toobtain a renewal permit to practice as a certified real estate appraiser, theholder of a current permit shall make application and pay the prescribed fee tothe board. With the application for renewal, the certified real estateappraiser shall present evidence in the form prescribed by the board of havingcompleted the continuing education requirements for renewal as specified inthis act. A trainee is not required to present evidence of continuingeducation to renew the trainee's permit.

 

33-39-118. Basis for denial.

 

Theboard may deny the issuance of a permit as a certified real estate appraiser ortrainee to an applicant on any of the grounds enumerated in this act.

 

33-39-119. Principal place of business; address.

 

Eachcertified real estate appraiser or trainee holding a permit to practice underthis act shall advise the board of the address of his principal place ofbusiness. Whenever a certified real estate appraiser or trainee changes a placeof business, he shall within thirty (30) days give written notification of thechange to the board, and pay the required change of address fee.

 

33-39-120. Repealed By Laws 2007, Ch. 184, 3.

 

 

33-39-121. Use of designation.

 

 

(a) The term "certified real estate appraiser" shallonly be used to refer to individuals who hold permits under this act and maynot be used following or immediately in connection with the name or signatureof a firm, partnership, corporation, or group, or in such manner that it mightbe interpreted as referring to a firm, partnership, corporation, group, oranyone other than an individual holder of the permit.

 

(b) No permit shall be issued under the provisions of this actto a corporation, partnership, firm or group. This subsection shall not beconstrued to prevent a certified real estate appraiser from signing anappraisal report on behalf of a corporation, partnership, firm or group practice.

 

33-39-122. Continuing education.

 

(a) As a prerequisite to renewal of a permit, a certified realestate appraiser shall present evidence satisfactory to the board of having metthe continuing education requirements of this act.

 

(b) The basic continuing education requirement for renewal of apermit shall be the completion by the applicant, during the immediatelypreceding term of the permit, of at least thirty (30) classroom hours ofinstruction in courses or seminars which have received the approval of theboard, which shall include one (1) board approved seven (7) hour national USPAPupdate course.

 

(c) The board shall adopt regulations for implementation of theprovisions of continuing education to assure that persons renewing theirpermits have current knowledge of real estate appraisal theories, practices andtechniques which will provide a high degree of service and protection to thepublic. The regulations shall prescribe the following:

 

(i) Policies and procedures for obtaining board approval ofcourses of instruction;

 

(ii) Standards, policies and procedures to be applied by theboard in evaluating an applicant's claims of equivalency; and

 

(iii) Standards, monitoring methods and systems for recordingattendance to be employed by course sponsors.

 

33-39-123. Disciplinary proceedings.

 

(a) The board shall upon a written sworn complaint or may uponits own motion investigate the actions of any certified real estate appraiserand may impose an administrative fine not to exceed two thousand five hundreddollars ($2,500.00) for each separate offense, censure the permittee, place thepermittee on probation and set the terms of the probation, suspend or revokeany permit issued under this act for any of the following:

 

(i) Procuring a permit to practice pursuant to this act byknowingly making a false statement, submitting false information, refusing toprovide complete information in response to a question in an application for apermit or through any form of fraud or misrepresentation;

 

(ii) Being convicted of a felony;

 

(iii) Making any substantial misrepresentation, false promises orfalse or fraudulent representation;

 

(iv) Violating any rules or regulations of the board;

 

(v) Being negligent or incompetent, as defined in the UniformStandards of Professional Appraisal Practices, in developing an appraisal, inpreparing an appraisal report or in communicating an appraisal;

 

(vi) Accepting an appraisal assignment when the employment iscontingent upon the certified appraiser reporting a predetermined estimate,analysis or opinion, or where the fee to be paid is contingent upon theopinion, conclusion, or valuation reached, or upon the consequences resultingfrom the appraisal assignment;

 

(vii) Violating the confidential nature of governmental recordsto which he or she gained access through employment or engagement as acertified appraiser by a governmental agency;

 

(viii) Entering into an agreement to perform specialized servicesfor a contingent fee, and failing to clearly state this fact in each writtenand oral report;

 

(ix) Failing to report to the board any civil or criminalproceedings in which the permittee is a party, if the proceeding involvesappraisal services provided by the permittee. The requirement to report to theboard under this paragraph shall include providing the board with a copy of thecomplaint, information or other initial pleading upon receipt and immediatelyproviding the board with a copy of the final judgment, judgment and sentence,settlement agreement or other document reflecting the terms of the finaldisposition of the proceeding.

 

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a permit issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the permitin accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a permit withheld, suspendedor restricted under this subsection.

 

33-39-124. Hearing.

 

Thehearing on any charge of violation of W.S. 33-39-123 shall be at a time andplace prescribed by the board and in accordance with the provisions of theWyoming Administrative Procedure Act.

 

33-39-125. Retention of records.

 

(a) A certified real estate appraiser shall retain, for atleast seven (7) years, originals or true copies of all written contractsengaging his services for real estate appraisal work, and all reports andsupporting data assembled and formulated by the appraiser in preparing thereports.

 

(b) The seven (7) year period for retention of records providedby subsection (a) of this section is applicable to each engagement of theservices of the appraiser and shall commence upon the date of the submittal ofthe appraisal to the client unless, within the seven (7) year period, theappraiser is notified that the appraisal or report is involved in litigation,in which event the seven (7) year period for the retention of records shallcommence upon the date of the final disposition of the litigation.

 

(c) All records required to be maintained under the provisionsof this act shall be made available by the certified real estate appraiser forinspection and copying by the board on reasonable notice to the appraiser.

 

33-39-126. Certified real estate appraiser education account created;initial monies; fees.

 

(a) There is created a certified real estate appraisereducation account which shall be under the direction of the board.

 

(b) Beginning January 1, 1990, every person obtaining orrenewing a trainee or certified real estate appraiser's permit shall pay anadditional fee of twenty dollars ($20.00) which shall be deposited in thecertified appraiser education account.

 

(c) All civil penalties levied under this act shall becollected, paid to the state treasurer and credited as provided in W.S.8-1-109.

 

(d) When the certified appraiser education account balanceexceeds fifty thousand dollars ($50,000.00) the board shall not collect annualfees under this section.

 

(e) The board may use the funds in the education account forthe purposes of raising the standards of practice and the competency ofpermittees by:

 

(i) Promoting the advancement of education and research for thebenefit of those issued permits under this act;

 

(ii) Underwriting educational seminars and all other similarforms of educational projects for the benefit of permittees; and

 

(iii) Contracting for particular education or research projectsto further the purposes of this section.

 

33-39-127. Enjoining violations of chapter.

 

 

(a) Any person who violates or proposes to violate anyprovisions of this act, or any rules and regulations promulgated under thisact, may be restrained or enjoined from the action at any time by an orderissued by the district court. An action may be initiated by the attorneygeneral or the district attorney for the county in which the violation has oris about to occur.

 

(b) Any defendant so enjoined who violates an injunction shallbe punished for contempt of court by a fine of not more than one thousanddollars ($1,000.00) or by imprisonment in the county jail for not more than six(6) months or both.

 

33-39-128. Contested cases; independent hearing officers; appeals.

 

 

(a) The board may contract with independent hearing officers tohear all contested cases arising under this act. The hearing officer shall notbe an employee of the office of the attorney general, or an employee or memberof the board.

 

(b) All hearings shall be conducted pursuant to the WyomingAdministrative Procedure Act. A hearing officer has the power specified inW.S. 16-3-112(b). The hearing officer shall make in each contested case andforward to the board written findings of fact and conclusions of law.

 

(c) Any judicial review of the administrative decision underthe Wyoming Administrative Procedure Act may be in the district court in thecounty where the violation allegedly occurred.

 

33-39-129. Penalties.

 

 

(a) Any person acting or purporting to act as a certified realestate appraiser without first obtaining a permit to practice under this act isguilty of a misdemeanor and upon conviction shall be punished by a fine of notmore than one thousand dollars ($1,000.00) or by imprisonment in the countyjail for a term not to exceed six (6) months or both. Upon conviction of asubsequent violation the person shall be punished by a fine of not more thanone thousand dollars ($1,000.00) or by imprisonment in the county jail for aterm not to exceed one (1) year or both. Charges may be initiated by theoffice of the attorney general with the board as the complainant.

 

(b) If any person receives any money or the equivalent thereofas a fee, commission, compensation or profit by or in consequence of aviolation of any provision of this act, he shall, in addition, be liable to apenalty of not less than the amount of the sum of money so received and notmore than three (3) times the sum so received as may be determined by thecourt, which penalty may be recovered in a court of competent jurisdiction byany person aggrieved.

 

33-39-130. Noncertified person may not maintain action for fee.

 

Noaction or suit shall be instituted, nor recovery be had, in any court of this stateby any person for compensation for any act done or service rendered as acertified real estate appraiser, unless the person held a permit to practiceunder this act at the time of offering to perform any act or service as acertified real estate appraiser or procuring any promise to contract for thepayment of compensation for any contemplated act or service as a certified realestate appraiser.

 

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter39

CHAPTER 39 - REAL ESTATE APPRAISERS

 

33-39-101. Short title; license required.

 

 

(a) This act shall be known as the "Certified Real EstateAppraiser Act."

 

(b) Beginning July 1, 1991, it is unlawful for any person todirectly or indirectly engage in, advertise, conduct the business of or act inany capacity as a certified real estate appraiser for compensation within thisstate without first obtaining certification as provided in this act.

 

33-39-102. Definitions.

 

(a) As used in this act:

 

(i) "Appraisal" or "real estate appraisal"means a supportable opinion or conclusion relating to the nature, quality,value or utility of specified interests in, or aspects of, identified realestate;

 

(ii) "Appraisal assignment" means an engagement forwhich an appraiser is employed or retained to act, or would be perceived bythird parties or the public as acting, as a disinterested third party inrendering an unbiased supportable opinion or conclusion relating to the nature,quality, value or utility of specified interests in, or aspects of, identifiedreal estate;

 

(iii) "Appraisal foundation" means the appraisalfoundation incorporated as an Illinois corporation on November 30, 1987;

 

(iv) "Appraisal report" means any communication,written or oral, of an appraisal;

 

(v) "Board" means the certified real estate appraiserboard;

 

(vi) "Commission" means the Wyoming real estatecommission;

 

(vii) "Inactive permittee" means a permittee who hastemporarily surrendered his license to the board, who can no longer function asa certified real estate appraiser, but who may reactivate his permit withouthaving to take an examination. An inactive status permittee may be subject todisciplinary action and activation of an inactive permit may be subject to adenial action;

 

(viii) "Permit" means the document issued by the boardcertifying that the person named thereon has fulfilled all requirementsprerequisite for obtaining a permit to practice as a certified real estate appraiserunder this act;

 

(ix) "Permittee" means any individual who has beenissued a permit under this act to practice as a certified general, residentialor trainee appraiser;

 

(x) "Market analysis" means a price opinion preparedby a real estate licensee for marketing purposes;

 

(xi) "Real estate" means leaseholds, as well as anyother interest or estate in land, whether corporeal, incorporeal, freehold ornonfreehold, and whether the real estate is situated in this state orelsewhere;

 

(xii) "Certified real estate appraiser" means a personwho develops and communicates real estate appraisals and who holds a validpermit issued to him for either general or residential real estate under theprovisions of this act;

 

(xiii) "Responsible permittee" means a person issued apermit to practice as a certified residential or general real estate appraiser,or a trainee;

 

(xiv) "Salaried employee" means any person employed ona salaried basis or paid wages and the employee is subject to income tax andfederal insurance contributions (FICA) withholding;

 

(xv) "Specialized services" means any activity thatfalls outside of the definition of appraisal or appraisal assignment;

 

(xvi) "Uniform standards of professional appraisalpractices" (USPAP) means that edition of the standards of appraisalpractice promulgated by the appraisal foundation as adopted by the board;

 

(xvii) "This act" means W.S. 33-39-101 through33-39-130.

 

33-39-103. Exemptions.

 

Thisact does not apply to any person who does not hold himself out as, or offer toperform services as, a certified real estate appraiser.

 

33-39-104. Board of certified real estate appraisers.

 

 

(a) There is hereby established as an adjunct to the Wyomingreal estate commission the certified real estate appraiser board which shallconsist of five (5) members, one (1) of whom shall be a public member, one (1)of whom shall be a member of the banking industry and three (3) of whom shallbe certified real estate appraisers. The director of the real estate commissionwill serve as an ex officio member.

 

(b) The governor shall appoint the members of the certifiedreal estate appraiser board. The governor may remove any board member asprovided in W.S. 9-1-202. No more than one (1) board member shall be appointedfrom the same county. The members first appointed to the board shall be membersin good standing of a nationally recognized real estate appraisal organizationor have five (5) years of documented experience as a real estate appraiser inWyoming. Thereafter, each real estate appraiser member of the board shall be acertified real estate appraiser. At least two (2) of the appraiser membersshall hold a general certified appraiser permit. The term of each member shallbe three (3) years, except that, of the members first appointed, two (2) shallserve for three (3) years, two (2) shall serve for two (2) years and one (1)shall serve for one (1) year. Upon expiration of their terms, members of theboard shall continue to hold office until the appointment and qualification oftheir successors. No person shall serve as a member of the board for more thantwo (2) consecutive terms. The public member of the board shall not be engagedin the practice of certified real estate appraising. The members of the boardshall annually elect a chairperson from among the members to preside at boardmeetings. A quorum of the board shall be three (3) members.

 

(c) Each member of the board shall receive from the certifiedreal estate appraisal board account for each day actually spent on his officialduties, per diem and mileage allowance as allowed to state employees for theperformance of official duties.

 

(d) The Wyoming attorney general shall render to the boardopinions on all questions of law and shall act as attorney for the board in allactions and proceedings brought by or against it under or pursuant to any ofthe provisions of this act. Fees and expenses of the attorney general arisingout of such duties shall be paid out of the certified real estate appraisal boardaccount.

 

(e) The board through the attorney general may compel theattendance of witnesses and the production of books, documents, records andother papers, to administer oaths and to take testimony and receive evidenceconcerning all matters within its jurisdiction.

 

33-39-105. Powers of the board; rulemaking authority.

 

(a) The board shall:

 

(i) Define by regulation each category of certified real estateappraiser, the type of educational experience, appraisal experience andequivalent experience that will meet the statutory requirements of this act;

 

(ii) Establish examination specifications for each category ofcertified real estate appraiser and provide or procure appropriateexaminations;

 

(iii) Approve or disapprove applications for certification andissue permits to practice;

 

(iv) Define by regulation continuing education requirements forthe renewal of permits;

 

(v) Impose an administrative fine not to exceed two thousandfive hundred dollars ($2,500.00) for each separate offense, censure thepermittee, place the permittee on probation and set the terms of probation,suspend or revoke any permit as provided in this act and the WyomingAdministrative Procedure Act;

 

(vi) Hold meetings, hearings and examinations in places and at timesas it shall designate;

 

(vii) Promote research and conduct studies relative to theprofession of certified real estate appraising and sponsor educationalactivities;

 

(viii) Contract for services necessary to carry out the provisionsof this act;

 

(ix) Promulgate reasonable rules and regulations necessary tocarry out the requirements imposed under Title XI of the Financial InstitutionsReform, Recovery and Enforcement Act of 1989 (FIRREA).

 

33-39-106. Additional powers and duties of the board; disposition offees.

 

(a) The board shall:

 

(i) Receive applications for permits and certification;

 

(ii) Establish the administrative procedures for processingapplications;

 

(iii) Maintain a registry of the names and addresses of peoplecertified and issued a permit to practice under this act;

 

(iv) Retain records and all application materials;

 

(v) Repealed By Laws 2007, Ch. 184, 3.

 

(vi) Issue to each permittee a permit and pocket card in thesize and form as it may approve. The permit and card shall remain the propertyof the state, and, upon suspension or revocation of the permit to practicepursuant to this act, shall be returned immediately to the board;

 

(vii) Require criminal history record background checks onapplicants for permits under this act.

 

(b) All fees collected by the board shall be deposited in thestate treasury. The state treasurer shall deposit the fees to the credit ofthe certified real estate appraiser board account. Disbursements from theaccount shall not exceed the monies credited to it. The real estate commissiondirector shall review and pay appropriate charges against the account forservices provided to the certified real estate appraiser board by the realestate commission or its staff and for payment of costs of the board.

 

(c) The commission may employ employees to assist in thedischarge of the duties imposed upon it by this act subject to the rules andregulations of the human resources division of the department of administrationand information. All files, records and property of the commission shall at alltimes remain in the office. No employee of the commission shall be a paidemployee of any real estate association or group of real estate dealers,brokers or appraisers.

 

33-39-107. Standards of professional certified appraisal practice.

 

Eachcertified real estate appraiser issued a permit to practice under this actshall comply with the standards of professional appraisal practice and ethicalrules specified by the Uniform Standards of Professional Appraisal Practice.

 

33-39-108. Fees.

 

Pursuantto W.S. 33-1-201, the board shall establish fees for examinations, originalpermits, renewals, change of place of business, certifications, change ofcontractual association, duplicate permits and duplicate pocket cards. The feesshall be used to pay the expense of maintaining and operating the office of theboard and the enforcement of this act.

 

33-39-109. Permit process.

 

(a) Any person who desires to engage in the practice ofcertified real estate appraisal in this state or to practice as a certifiedtrainee shall make application, in writing, on forms prescribed by the board.

 

(b) Fees, as fixed by the board, shall accompany allapplications for original permits, renewal permits, examinations and otherapplications authorized under this act.

 

(c) Each applicant for a trainee, certified residential orgeneral permit shall have reached the age of majority.

 

(d) An application for a permit under this act shall beaccompanied by fingerprints and other information necessary for a criminalhistory record background check as provided under W.S. 7-19-201.

 

33-39-110. Classes of permits.

 

(a) There shall be three (3) classes of permits for certifiedreal estate appraisers:

 

(i) Certified residential real estate appraiser classificationshall consist of those persons meeting the requirements for a permit relatingto the appraisal of residential real property of one (1) to four (4) units;

 

(ii) Certified general real estate appraiser classificationshall consist of those persons meeting the requirements for a permit relatingto the appraisal of all types of real property;

 

(iii) A real estate appraisal traineeis authorized only to assista certified general or residential appraiser in the performance of an appraisalassignment.

 

(b) A certified real estate appraiser is authorized to performonly those real estate appraisal assignments that are within the scope of hispermit classification.

 

(c) The appraisal report shall include the signature of thepermittee.

 

(d) The application for the original permit, renewal permit andexamination shall specify the classification of the permit being applied for.

 

33-39-111. Examination requirement.

 

 

(a) An original permit as a certified real estate appraisershall be issued to any person who has demonstrated through a writtenexamination process that he possesses the following:

 

(i) Knowledge of technical terms used in or related to realestate appraising, appraisal report writing and economic concepts applicable toreal estate;

 

(ii) Understanding of the principles of land economics, realestate appraisal processes and of problems likely to be encountered ingathering, interpreting and processing of data in carrying out appraisaldisciplines;

 

(iii) Understanding the Uniform Standards of ProfessionalAppraisal Practices as adopted by the board;

 

(iv) Knowledge of theories of depreciation, cost estimating,methods of capitalization and the mathematics of real estate appraisal that areappropriate for the classification of the permit applied for;

 

(v) Knowledge of other principles and procedures as may beappropriate for the respective classifications;

 

(vi) Basic understanding of real estate law; and

 

(vii) Understanding of the types of misconduct for whichdisciplinary proceedings may be initiated against certified real estateappraisers, as set forth in this act and regulations promulgated by the board.

 

33-39-112. Examination prerequisites.

 

(a) General classification. As a prerequisite to taking theexamination for a permit to practice as a certified general real estateappraiser, an applicant shall have successfully completed a minimum of threehundred (300) classroom hours of courses in subjects related to real estateappraisal from a nationally recognized appraisal organization or a college oruniversity approved by the board, which shall include fifteen (15) classroomhours related to standards of professional appraisal practice.

 

(b) Residential classification. As a prerequisite to takingthe examination for a permit to practice as a certified residential real estateappraiser, an applicant shall have successfully completed a minimum of twohundred (200) classroom hours of courses in subjects related to real estateappraisal from a nationally recognized appraisal organization or a college oruniversity approved by the board, which shall include fifteen (15) classroomhours related to standards of professional appraisal practice.

 

(c) Trainee classification. To receive a permit to practice asa certified real estate appraisal trainee, an applicant shall successfullycomplete a minimum of seventy-five (75) classroom hours of education insubjects related to real estate appraisal as approved by the board, which shallinclude fifteen (15) classroom hours related to standards of professionalappraisal practice. No examination is required.

 

33-39-113. Experience requirement.

 

(a) General classification. An original permit to practice asa certified general real estate appraiser shall not be issued to any person whodoes not possess the equivalent of two and one-half (2 ) years of experienceand a minimum of three thousand (3,000) hours in real estate appraisal. Theexperience or its equivalent shall be acquired within a period of five (5)years immediately preceding the filing of the application for a permit.

 

(b) Residential classification. An original permit to practiceas a certified residential real estate appraiser shall not be issued to anyperson who does not possess the equivalent of two (2) years of experience and aminimum of two thousand five hundred (2,500) hours in real estate appraisal.The experience or its equivalent shall be acquired within a period of five (5)years immediately preceding the filing of the application for a permit.

 

(c) Each applicant for a permit shall furnish, under oath, adetailed listing of the real estate appraisal reports or file memoranda foreach year for which experience is claimed by the applicant. Upon request, theapplicant shall make available to the board copies of appraisal reports whichthe applicant has assisted in preparing.

 

33-39-114. Term of permit.

 

Theterm of a permit issued under the authority of this act shall be two (2) yearsfrom the date of issuance. The expiration date of the permit shall appear onthe permit and no other notice of its expiration need be given to its holder.

 

33-39-115. Nonresident permit.

 

(a) Prior to being issued a permit, every nonresident permitteeshall file with the board a designation in writing which appoints the directorof the board to act as his licensed agent upon whom all judicial and otherprocess or legal notices directed to the permittee may be served. Service uponthe agent so designated shall be equivalent to personal service upon thepermittee. Copies of the appointment, certified by the director of the board,shall be received in evidence in any proceeding and shall be given the sameforce and effect as the original. In the written designation the permitteeshall agree that any lawful process against the permittee which is served uponhis appointed agent shall be of the same legal force and validity as if servedupon the permittee, and that the authority of the agent shall continue in forceso long as any liability of the permittee remains outstanding in this state. Upon the receipt of any process or notice, the director shall mail a copy ofthe same by certified mail, return receipt requested, to the last knownbusiness address of the permittee.

 

(b) No permit shall be issued to a nonresident until he hasagreed in writing to abide by all the provisions of this act with respect tohis certified real estate appraisal activities within this state and to submitto the jurisdiction of the board and this state as provided in subsection (a)of this section. The agreement shall be filed with the board and shall remainin force for so long as the nonresident holds a permit issued by this state andthereafter with respect to acts or omissions committed while holding a permitin this state as a nonresident permittee.

 

(c) A nonresident of this state who has complied with theprovisions of subsections (a) and (b) of this section may obtain a permit topractice as a certified real estate appraiser by conforming to all of theprovisions of this act relating to certified real estate appraisers.

 

33-39-116. Nonresident permit by reciprocity.

 

Ifthe board determines that another state has substantially equivalentrequirements and reciprocity exists between the states, an applicant from suchother state may obtain a permit to practice as a certified real estateappraiser in this state.

 

33-39-117. Renewal permit.

 

Toobtain a renewal permit to practice as a certified real estate appraiser, theholder of a current permit shall make application and pay the prescribed fee tothe board. With the application for renewal, the certified real estateappraiser shall present evidence in the form prescribed by the board of havingcompleted the continuing education requirements for renewal as specified inthis act. A trainee is not required to present evidence of continuingeducation to renew the trainee's permit.

 

33-39-118. Basis for denial.

 

Theboard may deny the issuance of a permit as a certified real estate appraiser ortrainee to an applicant on any of the grounds enumerated in this act.

 

33-39-119. Principal place of business; address.

 

Eachcertified real estate appraiser or trainee holding a permit to practice underthis act shall advise the board of the address of his principal place ofbusiness. Whenever a certified real estate appraiser or trainee changes a placeof business, he shall within thirty (30) days give written notification of thechange to the board, and pay the required change of address fee.

 

33-39-120. Repealed By Laws 2007, Ch. 184, 3.

 

 

33-39-121. Use of designation.

 

 

(a) The term "certified real estate appraiser" shallonly be used to refer to individuals who hold permits under this act and maynot be used following or immediately in connection with the name or signatureof a firm, partnership, corporation, or group, or in such manner that it mightbe interpreted as referring to a firm, partnership, corporation, group, oranyone other than an individual holder of the permit.

 

(b) No permit shall be issued under the provisions of this actto a corporation, partnership, firm or group. This subsection shall not beconstrued to prevent a certified real estate appraiser from signing anappraisal report on behalf of a corporation, partnership, firm or group practice.

 

33-39-122. Continuing education.

 

(a) As a prerequisite to renewal of a permit, a certified realestate appraiser shall present evidence satisfactory to the board of having metthe continuing education requirements of this act.

 

(b) The basic continuing education requirement for renewal of apermit shall be the completion by the applicant, during the immediatelypreceding term of the permit, of at least thirty (30) classroom hours ofinstruction in courses or seminars which have received the approval of theboard, which shall include one (1) board approved seven (7) hour national USPAPupdate course.

 

(c) The board shall adopt regulations for implementation of theprovisions of continuing education to assure that persons renewing theirpermits have current knowledge of real estate appraisal theories, practices andtechniques which will provide a high degree of service and protection to thepublic. The regulations shall prescribe the following:

 

(i) Policies and procedures for obtaining board approval ofcourses of instruction;

 

(ii) Standards, policies and procedures to be applied by theboard in evaluating an applicant's claims of equivalency; and

 

(iii) Standards, monitoring methods and systems for recordingattendance to be employed by course sponsors.

 

33-39-123. Disciplinary proceedings.

 

(a) The board shall upon a written sworn complaint or may uponits own motion investigate the actions of any certified real estate appraiserand may impose an administrative fine not to exceed two thousand five hundreddollars ($2,500.00) for each separate offense, censure the permittee, place thepermittee on probation and set the terms of the probation, suspend or revokeany permit issued under this act for any of the following:

 

(i) Procuring a permit to practice pursuant to this act byknowingly making a false statement, submitting false information, refusing toprovide complete information in response to a question in an application for apermit or through any form of fraud or misrepresentation;

 

(ii) Being convicted of a felony;

 

(iii) Making any substantial misrepresentation, false promises orfalse or fraudulent representation;

 

(iv) Violating any rules or regulations of the board;

 

(v) Being negligent or incompetent, as defined in the UniformStandards of Professional Appraisal Practices, in developing an appraisal, inpreparing an appraisal report or in communicating an appraisal;

 

(vi) Accepting an appraisal assignment when the employment iscontingent upon the certified appraiser reporting a predetermined estimate,analysis or opinion, or where the fee to be paid is contingent upon theopinion, conclusion, or valuation reached, or upon the consequences resultingfrom the appraisal assignment;

 

(vii) Violating the confidential nature of governmental recordsto which he or she gained access through employment or engagement as acertified appraiser by a governmental agency;

 

(viii) Entering into an agreement to perform specialized servicesfor a contingent fee, and failing to clearly state this fact in each writtenand oral report;

 

(ix) Failing to report to the board any civil or criminalproceedings in which the permittee is a party, if the proceeding involvesappraisal services provided by the permittee. The requirement to report to theboard under this paragraph shall include providing the board with a copy of thecomplaint, information or other initial pleading upon receipt and immediatelyproviding the board with a copy of the final judgment, judgment and sentence,settlement agreement or other document reflecting the terms of the finaldisposition of the proceeding.

 

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a permit issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the permitin accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a permit withheld, suspendedor restricted under this subsection.

 

33-39-124. Hearing.

 

Thehearing on any charge of violation of W.S. 33-39-123 shall be at a time andplace prescribed by the board and in accordance with the provisions of theWyoming Administrative Procedure Act.

 

33-39-125. Retention of records.

 

(a) A certified real estate appraiser shall retain, for atleast seven (7) years, originals or true copies of all written contractsengaging his services for real estate appraisal work, and all reports andsupporting data assembled and formulated by the appraiser in preparing thereports.

 

(b) The seven (7) year period for retention of records providedby subsection (a) of this section is applicable to each engagement of theservices of the appraiser and shall commence upon the date of the submittal ofthe appraisal to the client unless, within the seven (7) year period, theappraiser is notified that the appraisal or report is involved in litigation,in which event the seven (7) year period for the retention of records shallcommence upon the date of the final disposition of the litigation.

 

(c) All records required to be maintained under the provisionsof this act shall be made available by the certified real estate appraiser forinspection and copying by the board on reasonable notice to the appraiser.

 

33-39-126. Certified real estate appraiser education account created;initial monies; fees.

 

(a) There is created a certified real estate appraisereducation account which shall be under the direction of the board.

 

(b) Beginning January 1, 1990, every person obtaining orrenewing a trainee or certified real estate appraiser's permit shall pay anadditional fee of twenty dollars ($20.00) which shall be deposited in thecertified appraiser education account.

 

(c) All civil penalties levied under this act shall becollected, paid to the state treasurer and credited as provided in W.S.8-1-109.

 

(d) When the certified appraiser education account balanceexceeds fifty thousand dollars ($50,000.00) the board shall not collect annualfees under this section.

 

(e) The board may use the funds in the education account forthe purposes of raising the standards of practice and the competency ofpermittees by:

 

(i) Promoting the advancement of education and research for thebenefit of those issued permits under this act;

 

(ii) Underwriting educational seminars and all other similarforms of educational projects for the benefit of permittees; and

 

(iii) Contracting for particular education or research projectsto further the purposes of this section.

 

33-39-127. Enjoining violations of chapter.

 

 

(a) Any person who violates or proposes to violate anyprovisions of this act, or any rules and regulations promulgated under thisact, may be restrained or enjoined from the action at any time by an orderissued by the district court. An action may be initiated by the attorneygeneral or the district attorney for the county in which the violation has oris about to occur.

 

(b) Any defendant so enjoined who violates an injunction shallbe punished for contempt of court by a fine of not more than one thousanddollars ($1,000.00) or by imprisonment in the county jail for not more than six(6) months or both.

 

33-39-128. Contested cases; independent hearing officers; appeals.

 

 

(a) The board may contract with independent hearing officers tohear all contested cases arising under this act. The hearing officer shall notbe an employee of the office of the attorney general, or an employee or memberof the board.

 

(b) All hearings shall be conducted pursuant to the WyomingAdministrative Procedure Act. A hearing officer has the power specified inW.S. 16-3-112(b). The hearing officer shall make in each contested case andforward to the board written findings of fact and conclusions of law.

 

(c) Any judicial review of the administrative decision underthe Wyoming Administrative Procedure Act may be in the district court in thecounty where the violation allegedly occurred.

 

33-39-129. Penalties.

 

 

(a) Any person acting or purporting to act as a certified realestate appraiser without first obtaining a permit to practice under this act isguilty of a misdemeanor and upon conviction shall be punished by a fine of notmore than one thousand dollars ($1,000.00) or by imprisonment in the countyjail for a term not to exceed six (6) months or both. Upon conviction of asubsequent violation the person shall be punished by a fine of not more thanone thousand dollars ($1,000.00) or by imprisonment in the county jail for aterm not to exceed one (1) year or both. Charges may be initiated by theoffice of the attorney general with the board as the complainant.

 

(b) If any person receives any money or the equivalent thereofas a fee, commission, compensation or profit by or in consequence of aviolation of any provision of this act, he shall, in addition, be liable to apenalty of not less than the amount of the sum of money so received and notmore than three (3) times the sum so received as may be determined by thecourt, which penalty may be recovered in a court of competent jurisdiction byany person aggrieved.

 

33-39-130. Noncertified person may not maintain action for fee.

 

Noaction or suit shall be instituted, nor recovery be had, in any court of this stateby any person for compensation for any act done or service rendered as acertified real estate appraiser, unless the person held a permit to practiceunder this act at the time of offering to perform any act or service as acertified real estate appraiser or procuring any promise to contract for thepayment of compensation for any contemplated act or service as a certified realestate appraiser.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter39

CHAPTER 39 - REAL ESTATE APPRAISERS

 

33-39-101. Short title; license required.

 

 

(a) This act shall be known as the "Certified Real EstateAppraiser Act."

 

(b) Beginning July 1, 1991, it is unlawful for any person todirectly or indirectly engage in, advertise, conduct the business of or act inany capacity as a certified real estate appraiser for compensation within thisstate without first obtaining certification as provided in this act.

 

33-39-102. Definitions.

 

(a) As used in this act:

 

(i) "Appraisal" or "real estate appraisal"means a supportable opinion or conclusion relating to the nature, quality,value or utility of specified interests in, or aspects of, identified realestate;

 

(ii) "Appraisal assignment" means an engagement forwhich an appraiser is employed or retained to act, or would be perceived bythird parties or the public as acting, as a disinterested third party inrendering an unbiased supportable opinion or conclusion relating to the nature,quality, value or utility of specified interests in, or aspects of, identifiedreal estate;

 

(iii) "Appraisal foundation" means the appraisalfoundation incorporated as an Illinois corporation on November 30, 1987;

 

(iv) "Appraisal report" means any communication,written or oral, of an appraisal;

 

(v) "Board" means the certified real estate appraiserboard;

 

(vi) "Commission" means the Wyoming real estatecommission;

 

(vii) "Inactive permittee" means a permittee who hastemporarily surrendered his license to the board, who can no longer function asa certified real estate appraiser, but who may reactivate his permit withouthaving to take an examination. An inactive status permittee may be subject todisciplinary action and activation of an inactive permit may be subject to adenial action;

 

(viii) "Permit" means the document issued by the boardcertifying that the person named thereon has fulfilled all requirementsprerequisite for obtaining a permit to practice as a certified real estate appraiserunder this act;

 

(ix) "Permittee" means any individual who has beenissued a permit under this act to practice as a certified general, residentialor trainee appraiser;

 

(x) "Market analysis" means a price opinion preparedby a real estate licensee for marketing purposes;

 

(xi) "Real estate" means leaseholds, as well as anyother interest or estate in land, whether corporeal, incorporeal, freehold ornonfreehold, and whether the real estate is situated in this state orelsewhere;

 

(xii) "Certified real estate appraiser" means a personwho develops and communicates real estate appraisals and who holds a validpermit issued to him for either general or residential real estate under theprovisions of this act;

 

(xiii) "Responsible permittee" means a person issued apermit to practice as a certified residential or general real estate appraiser,or a trainee;

 

(xiv) "Salaried employee" means any person employed ona salaried basis or paid wages and the employee is subject to income tax andfederal insurance contributions (FICA) withholding;

 

(xv) "Specialized services" means any activity thatfalls outside of the definition of appraisal or appraisal assignment;

 

(xvi) "Uniform standards of professional appraisalpractices" (USPAP) means that edition of the standards of appraisalpractice promulgated by the appraisal foundation as adopted by the board;

 

(xvii) "This act" means W.S. 33-39-101 through33-39-130.

 

33-39-103. Exemptions.

 

Thisact does not apply to any person who does not hold himself out as, or offer toperform services as, a certified real estate appraiser.

 

33-39-104. Board of certified real estate appraisers.

 

 

(a) There is hereby established as an adjunct to the Wyomingreal estate commission the certified real estate appraiser board which shallconsist of five (5) members, one (1) of whom shall be a public member, one (1)of whom shall be a member of the banking industry and three (3) of whom shallbe certified real estate appraisers. The director of the real estate commissionwill serve as an ex officio member.

 

(b) The governor shall appoint the members of the certifiedreal estate appraiser board. The governor may remove any board member asprovided in W.S. 9-1-202. No more than one (1) board member shall be appointedfrom the same county. The members first appointed to the board shall be membersin good standing of a nationally recognized real estate appraisal organizationor have five (5) years of documented experience as a real estate appraiser inWyoming. Thereafter, each real estate appraiser member of the board shall be acertified real estate appraiser. At least two (2) of the appraiser membersshall hold a general certified appraiser permit. The term of each member shallbe three (3) years, except that, of the members first appointed, two (2) shallserve for three (3) years, two (2) shall serve for two (2) years and one (1)shall serve for one (1) year. Upon expiration of their terms, members of theboard shall continue to hold office until the appointment and qualification oftheir successors. No person shall serve as a member of the board for more thantwo (2) consecutive terms. The public member of the board shall not be engagedin the practice of certified real estate appraising. The members of the boardshall annually elect a chairperson from among the members to preside at boardmeetings. A quorum of the board shall be three (3) members.

 

(c) Each member of the board shall receive from the certifiedreal estate appraisal board account for each day actually spent on his officialduties, per diem and mileage allowance as allowed to state employees for theperformance of official duties.

 

(d) The Wyoming attorney general shall render to the boardopinions on all questions of law and shall act as attorney for the board in allactions and proceedings brought by or against it under or pursuant to any ofthe provisions of this act. Fees and expenses of the attorney general arisingout of such duties shall be paid out of the certified real estate appraisal boardaccount.

 

(e) The board through the attorney general may compel theattendance of witnesses and the production of books, documents, records andother papers, to administer oaths and to take testimony and receive evidenceconcerning all matters within its jurisdiction.

 

33-39-105. Powers of the board; rulemaking authority.

 

(a) The board shall:

 

(i) Define by regulation each category of certified real estateappraiser, the type of educational experience, appraisal experience andequivalent experience that will meet the statutory requirements of this act;

 

(ii) Establish examination specifications for each category ofcertified real estate appraiser and provide or procure appropriateexaminations;

 

(iii) Approve or disapprove applications for certification andissue permits to practice;

 

(iv) Define by regulation continuing education requirements forthe renewal of permits;

 

(v) Impose an administrative fine not to exceed two thousandfive hundred dollars ($2,500.00) for each separate offense, censure thepermittee, place the permittee on probation and set the terms of probation,suspend or revoke any permit as provided in this act and the WyomingAdministrative Procedure Act;

 

(vi) Hold meetings, hearings and examinations in places and at timesas it shall designate;

 

(vii) Promote research and conduct studies relative to theprofession of certified real estate appraising and sponsor educationalactivities;

 

(viii) Contract for services necessary to carry out the provisionsof this act;

 

(ix) Promulgate reasonable rules and regulations necessary tocarry out the requirements imposed under Title XI of the Financial InstitutionsReform, Recovery and Enforcement Act of 1989 (FIRREA).

 

33-39-106. Additional powers and duties of the board; disposition offees.

 

(a) The board shall:

 

(i) Receive applications for permits and certification;

 

(ii) Establish the administrative procedures for processingapplications;

 

(iii) Maintain a registry of the names and addresses of peoplecertified and issued a permit to practice under this act;

 

(iv) Retain records and all application materials;

 

(v) Repealed By Laws 2007, Ch. 184, 3.

 

(vi) Issue to each permittee a permit and pocket card in thesize and form as it may approve. The permit and card shall remain the propertyof the state, and, upon suspension or revocation of the permit to practicepursuant to this act, shall be returned immediately to the board;

 

(vii) Require criminal history record background checks onapplicants for permits under this act.

 

(b) All fees collected by the board shall be deposited in thestate treasury. The state treasurer shall deposit the fees to the credit ofthe certified real estate appraiser board account. Disbursements from theaccount shall not exceed the monies credited to it. The real estate commissiondirector shall review and pay appropriate charges against the account forservices provided to the certified real estate appraiser board by the realestate commission or its staff and for payment of costs of the board.

 

(c) The commission may employ employees to assist in thedischarge of the duties imposed upon it by this act subject to the rules andregulations of the human resources division of the department of administrationand information. All files, records and property of the commission shall at alltimes remain in the office. No employee of the commission shall be a paidemployee of any real estate association or group of real estate dealers,brokers or appraisers.

 

33-39-107. Standards of professional certified appraisal practice.

 

Eachcertified real estate appraiser issued a permit to practice under this actshall comply with the standards of professional appraisal practice and ethicalrules specified by the Uniform Standards of Professional Appraisal Practice.

 

33-39-108. Fees.

 

Pursuantto W.S. 33-1-201, the board shall establish fees for examinations, originalpermits, renewals, change of place of business, certifications, change ofcontractual association, duplicate permits and duplicate pocket cards. The feesshall be used to pay the expense of maintaining and operating the office of theboard and the enforcement of this act.

 

33-39-109. Permit process.

 

(a) Any person who desires to engage in the practice ofcertified real estate appraisal in this state or to practice as a certifiedtrainee shall make application, in writing, on forms prescribed by the board.

 

(b) Fees, as fixed by the board, shall accompany allapplications for original permits, renewal permits, examinations and otherapplications authorized under this act.

 

(c) Each applicant for a trainee, certified residential orgeneral permit shall have reached the age of majority.

 

(d) An application for a permit under this act shall beaccompanied by fingerprints and other information necessary for a criminalhistory record background check as provided under W.S. 7-19-201.

 

33-39-110. Classes of permits.

 

(a) There shall be three (3) classes of permits for certifiedreal estate appraisers:

 

(i) Certified residential real estate appraiser classificationshall consist of those persons meeting the requirements for a permit relatingto the appraisal of residential real property of one (1) to four (4) units;

 

(ii) Certified general real estate appraiser classificationshall consist of those persons meeting the requirements for a permit relatingto the appraisal of all types of real property;

 

(iii) A real estate appraisal traineeis authorized only to assista certified general or residential appraiser in the performance of an appraisalassignment.

 

(b) A certified real estate appraiser is authorized to performonly those real estate appraisal assignments that are within the scope of hispermit classification.

 

(c) The appraisal report shall include the signature of thepermittee.

 

(d) The application for the original permit, renewal permit andexamination shall specify the classification of the permit being applied for.

 

33-39-111. Examination requirement.

 

 

(a) An original permit as a certified real estate appraisershall be issued to any person who has demonstrated through a writtenexamination process that he possesses the following:

 

(i) Knowledge of technical terms used in or related to realestate appraising, appraisal report writing and economic concepts applicable toreal estate;

 

(ii) Understanding of the principles of land economics, realestate appraisal processes and of problems likely to be encountered ingathering, interpreting and processing of data in carrying out appraisaldisciplines;

 

(iii) Understanding the Uniform Standards of ProfessionalAppraisal Practices as adopted by the board;

 

(iv) Knowledge of theories of depreciation, cost estimating,methods of capitalization and the mathematics of real estate appraisal that areappropriate for the classification of the permit applied for;

 

(v) Knowledge of other principles and procedures as may beappropriate for the respective classifications;

 

(vi) Basic understanding of real estate law; and

 

(vii) Understanding of the types of misconduct for whichdisciplinary proceedings may be initiated against certified real estateappraisers, as set forth in this act and regulations promulgated by the board.

 

33-39-112. Examination prerequisites.

 

(a) General classification. As a prerequisite to taking theexamination for a permit to practice as a certified general real estateappraiser, an applicant shall have successfully completed a minimum of threehundred (300) classroom hours of courses in subjects related to real estateappraisal from a nationally recognized appraisal organization or a college oruniversity approved by the board, which shall include fifteen (15) classroomhours related to standards of professional appraisal practice.

 

(b) Residential classification. As a prerequisite to takingthe examination for a permit to practice as a certified residential real estateappraiser, an applicant shall have successfully completed a minimum of twohundred (200) classroom hours of courses in subjects related to real estateappraisal from a nationally recognized appraisal organization or a college oruniversity approved by the board, which shall include fifteen (15) classroomhours related to standards of professional appraisal practice.

 

(c) Trainee classification. To receive a permit to practice asa certified real estate appraisal trainee, an applicant shall successfullycomplete a minimum of seventy-five (75) classroom hours of education insubjects related to real estate appraisal as approved by the board, which shallinclude fifteen (15) classroom hours related to standards of professionalappraisal practice. No examination is required.

 

33-39-113. Experience requirement.

 

(a) General classification. An original permit to practice asa certified general real estate appraiser shall not be issued to any person whodoes not possess the equivalent of two and one-half (2 ) years of experienceand a minimum of three thousand (3,000) hours in real estate appraisal. Theexperience or its equivalent shall be acquired within a period of five (5)years immediately preceding the filing of the application for a permit.

 

(b) Residential classification. An original permit to practiceas a certified residential real estate appraiser shall not be issued to anyperson who does not possess the equivalent of two (2) years of experience and aminimum of two thousand five hundred (2,500) hours in real estate appraisal.The experience or its equivalent shall be acquired within a period of five (5)years immediately preceding the filing of the application for a permit.

 

(c) Each applicant for a permit shall furnish, under oath, adetailed listing of the real estate appraisal reports or file memoranda foreach year for which experience is claimed by the applicant. Upon request, theapplicant shall make available to the board copies of appraisal reports whichthe applicant has assisted in preparing.

 

33-39-114. Term of permit.

 

Theterm of a permit issued under the authority of this act shall be two (2) yearsfrom the date of issuance. The expiration date of the permit shall appear onthe permit and no other notice of its expiration need be given to its holder.

 

33-39-115. Nonresident permit.

 

(a) Prior to being issued a permit, every nonresident permitteeshall file with the board a designation in writing which appoints the directorof the board to act as his licensed agent upon whom all judicial and otherprocess or legal notices directed to the permittee may be served. Service uponthe agent so designated shall be equivalent to personal service upon thepermittee. Copies of the appointment, certified by the director of the board,shall be received in evidence in any proceeding and shall be given the sameforce and effect as the original. In the written designation the permitteeshall agree that any lawful process against the permittee which is served uponhis appointed agent shall be of the same legal force and validity as if servedupon the permittee, and that the authority of the agent shall continue in forceso long as any liability of the permittee remains outstanding in this state. Upon the receipt of any process or notice, the director shall mail a copy ofthe same by certified mail, return receipt requested, to the last knownbusiness address of the permittee.

 

(b) No permit shall be issued to a nonresident until he hasagreed in writing to abide by all the provisions of this act with respect tohis certified real estate appraisal activities within this state and to submitto the jurisdiction of the board and this state as provided in subsection (a)of this section. The agreement shall be filed with the board and shall remainin force for so long as the nonresident holds a permit issued by this state andthereafter with respect to acts or omissions committed while holding a permitin this state as a nonresident permittee.

 

(c) A nonresident of this state who has complied with theprovisions of subsections (a) and (b) of this section may obtain a permit topractice as a certified real estate appraiser by conforming to all of theprovisions of this act relating to certified real estate appraisers.

 

33-39-116. Nonresident permit by reciprocity.

 

Ifthe board determines that another state has substantially equivalentrequirements and reciprocity exists between the states, an applicant from suchother state may obtain a permit to practice as a certified real estateappraiser in this state.

 

33-39-117. Renewal permit.

 

Toobtain a renewal permit to practice as a certified real estate appraiser, theholder of a current permit shall make application and pay the prescribed fee tothe board. With the application for renewal, the certified real estateappraiser shall present evidence in the form prescribed by the board of havingcompleted the continuing education requirements for renewal as specified inthis act. A trainee is not required to present evidence of continuingeducation to renew the trainee's permit.

 

33-39-118. Basis for denial.

 

Theboard may deny the issuance of a permit as a certified real estate appraiser ortrainee to an applicant on any of the grounds enumerated in this act.

 

33-39-119. Principal place of business; address.

 

Eachcertified real estate appraiser or trainee holding a permit to practice underthis act shall advise the board of the address of his principal place ofbusiness. Whenever a certified real estate appraiser or trainee changes a placeof business, he shall within thirty (30) days give written notification of thechange to the board, and pay the required change of address fee.

 

33-39-120. Repealed By Laws 2007, Ch. 184, 3.

 

 

33-39-121. Use of designation.

 

 

(a) The term "certified real estate appraiser" shallonly be used to refer to individuals who hold permits under this act and maynot be used following or immediately in connection with the name or signatureof a firm, partnership, corporation, or group, or in such manner that it mightbe interpreted as referring to a firm, partnership, corporation, group, oranyone other than an individual holder of the permit.

 

(b) No permit shall be issued under the provisions of this actto a corporation, partnership, firm or group. This subsection shall not beconstrued to prevent a certified real estate appraiser from signing anappraisal report on behalf of a corporation, partnership, firm or group practice.

 

33-39-122. Continuing education.

 

(a) As a prerequisite to renewal of a permit, a certified realestate appraiser shall present evidence satisfactory to the board of having metthe continuing education requirements of this act.

 

(b) The basic continuing education requirement for renewal of apermit shall be the completion by the applicant, during the immediatelypreceding term of the permit, of at least thirty (30) classroom hours ofinstruction in courses or seminars which have received the approval of theboard, which shall include one (1) board approved seven (7) hour national USPAPupdate course.

 

(c) The board shall adopt regulations for implementation of theprovisions of continuing education to assure that persons renewing theirpermits have current knowledge of real estate appraisal theories, practices andtechniques which will provide a high degree of service and protection to thepublic. The regulations shall prescribe the following:

 

(i) Policies and procedures for obtaining board approval ofcourses of instruction;

 

(ii) Standards, policies and procedures to be applied by theboard in evaluating an applicant's claims of equivalency; and

 

(iii) Standards, monitoring methods and systems for recordingattendance to be employed by course sponsors.

 

33-39-123. Disciplinary proceedings.

 

(a) The board shall upon a written sworn complaint or may uponits own motion investigate the actions of any certified real estate appraiserand may impose an administrative fine not to exceed two thousand five hundreddollars ($2,500.00) for each separate offense, censure the permittee, place thepermittee on probation and set the terms of the probation, suspend or revokeany permit issued under this act for any of the following:

 

(i) Procuring a permit to practice pursuant to this act byknowingly making a false statement, submitting false information, refusing toprovide complete information in response to a question in an application for apermit or through any form of fraud or misrepresentation;

 

(ii) Being convicted of a felony;

 

(iii) Making any substantial misrepresentation, false promises orfalse or fraudulent representation;

 

(iv) Violating any rules or regulations of the board;

 

(v) Being negligent or incompetent, as defined in the UniformStandards of Professional Appraisal Practices, in developing an appraisal, inpreparing an appraisal report or in communicating an appraisal;

 

(vi) Accepting an appraisal assignment when the employment iscontingent upon the certified appraiser reporting a predetermined estimate,analysis or opinion, or where the fee to be paid is contingent upon theopinion, conclusion, or valuation reached, or upon the consequences resultingfrom the appraisal assignment;

 

(vii) Violating the confidential nature of governmental recordsto which he or she gained access through employment or engagement as acertified appraiser by a governmental agency;

 

(viii) Entering into an agreement to perform specialized servicesfor a contingent fee, and failing to clearly state this fact in each writtenand oral report;

 

(ix) Failing to report to the board any civil or criminalproceedings in which the permittee is a party, if the proceeding involvesappraisal services provided by the permittee. The requirement to report to theboard under this paragraph shall include providing the board with a copy of thecomplaint, information or other initial pleading upon receipt and immediatelyproviding the board with a copy of the final judgment, judgment and sentence,settlement agreement or other document reflecting the terms of the finaldisposition of the proceeding.

 

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a permit issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the permitin accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a permit withheld, suspendedor restricted under this subsection.

 

33-39-124. Hearing.

 

Thehearing on any charge of violation of W.S. 33-39-123 shall be at a time andplace prescribed by the board and in accordance with the provisions of theWyoming Administrative Procedure Act.

 

33-39-125. Retention of records.

 

(a) A certified real estate appraiser shall retain, for atleast seven (7) years, originals or true copies of all written contractsengaging his services for real estate appraisal work, and all reports andsupporting data assembled and formulated by the appraiser in preparing thereports.

 

(b) The seven (7) year period for retention of records providedby subsection (a) of this section is applicable to each engagement of theservices of the appraiser and shall commence upon the date of the submittal ofthe appraisal to the client unless, within the seven (7) year period, theappraiser is notified that the appraisal or report is involved in litigation,in which event the seven (7) year period for the retention of records shallcommence upon the date of the final disposition of the litigation.

 

(c) All records required to be maintained under the provisionsof this act shall be made available by the certified real estate appraiser forinspection and copying by the board on reasonable notice to the appraiser.

 

33-39-126. Certified real estate appraiser education account created;initial monies; fees.

 

(a) There is created a certified real estate appraisereducation account which shall be under the direction of the board.

 

(b) Beginning January 1, 1990, every person obtaining orrenewing a trainee or certified real estate appraiser's permit shall pay anadditional fee of twenty dollars ($20.00) which shall be deposited in thecertified appraiser education account.

 

(c) All civil penalties levied under this act shall becollected, paid to the state treasurer and credited as provided in W.S.8-1-109.

 

(d) When the certified appraiser education account balanceexceeds fifty thousand dollars ($50,000.00) the board shall not collect annualfees under this section.

 

(e) The board may use the funds in the education account forthe purposes of raising the standards of practice and the competency ofpermittees by:

 

(i) Promoting the advancement of education and research for thebenefit of those issued permits under this act;

 

(ii) Underwriting educational seminars and all other similarforms of educational projects for the benefit of permittees; and

 

(iii) Contracting for particular education or research projectsto further the purposes of this section.

 

33-39-127. Enjoining violations of chapter.

 

 

(a) Any person who violates or proposes to violate anyprovisions of this act, or any rules and regulations promulgated under thisact, may be restrained or enjoined from the action at any time by an orderissued by the district court. An action may be initiated by the attorneygeneral or the district attorney for the county in which the violation has oris about to occur.

 

(b) Any defendant so enjoined who violates an injunction shallbe punished for contempt of court by a fine of not more than one thousanddollars ($1,000.00) or by imprisonment in the county jail for not more than six(6) months or both.

 

33-39-128. Contested cases; independent hearing officers; appeals.

 

 

(a) The board may contract with independent hearing officers tohear all contested cases arising under this act. The hearing officer shall notbe an employee of the office of the attorney general, or an employee or memberof the board.

 

(b) All hearings shall be conducted pursuant to the WyomingAdministrative Procedure Act. A hearing officer has the power specified inW.S. 16-3-112(b). The hearing officer shall make in each contested case andforward to the board written findings of fact and conclusions of law.

 

(c) Any judicial review of the administrative decision underthe Wyoming Administrative Procedure Act may be in the district court in thecounty where the violation allegedly occurred.

 

33-39-129. Penalties.

 

 

(a) Any person acting or purporting to act as a certified realestate appraiser without first obtaining a permit to practice under this act isguilty of a misdemeanor and upon conviction shall be punished by a fine of notmore than one thousand dollars ($1,000.00) or by imprisonment in the countyjail for a term not to exceed six (6) months or both. Upon conviction of asubsequent violation the person shall be punished by a fine of not more thanone thousand dollars ($1,000.00) or by imprisonment in the county jail for aterm not to exceed one (1) year or both. Charges may be initiated by theoffice of the attorney general with the board as the complainant.

 

(b) If any person receives any money or the equivalent thereofas a fee, commission, compensation or profit by or in consequence of aviolation of any provision of this act, he shall, in addition, be liable to apenalty of not less than the amount of the sum of money so received and notmore than three (3) times the sum so received as may be determined by thecourt, which penalty may be recovered in a court of competent jurisdiction byany person aggrieved.

 

33-39-130. Noncertified person may not maintain action for fee.

 

Noaction or suit shall be instituted, nor recovery be had, in any court of this stateby any person for compensation for any act done or service rendered as acertified real estate appraiser, unless the person held a permit to practiceunder this act at the time of offering to perform any act or service as acertified real estate appraiser or procuring any promise to contract for thepayment of compensation for any contemplated act or service as a certified realestate appraiser.

 

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