PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300. - 11425.]

Part 3 added by Stats. 1990, Ch. 491, Sec. 1.

§§ 11300–11425 · 97 sections

• § 11300 This part may be cited as the Real Estate Appraisers’ Licensing and Certification Law.
• § 11301 (a) There is hereby created within the Department of Consumer Affairs a Bureau of Real Estate Appraisers to administer and enforce this part. (b)…

1. CHAPTER 1. Definitions § 11302 · 1 section

   • § 11302 For the purpose of applying this part, the following terms, unless otherwise expressly indicated, shall mean and have the following definitions: (a)…
2. CHAPTER 2. Administration §§ 11310–11319.2 · 15 sections

   • § 11310 The Governor shall appoint, subject to confirmation by the Senate, the Chief of the Bureau of Real Estate Appraisers who shall, in consultation with the…
   • § 11310.1 Protection of the public shall be the highest priority for the Bureau of Real Estate Appraisers in exercising its licensing, regulatory, and disciplinary…
   • § 11310.3 (a) It is the intent of the Legislature, in enacting this section, to ensure that no one is discriminated against during the appraisal process of a real estate…
   • § 11313 The bureau is under the supervision and control of the Director of Consumer Affairs. The duty of enforcing and administering this part is vested in the chief,…
   • § 11314 The bureau is required to include in its regulations requirements for licensure and discipline of real estate appraisers that ensure protection of the public…
   • § 11315 (a) The director may issue to a licensee, applicant for licensure, person who acts in a capacity that requires a license under this part, course provider,…
   • § 11315.1 (a) The director may issue to a registrant or person who acts in a capacity that requires a certificate of registration under this part, a citation that may…
   • § 11315.3 The suspension, expiration, or forfeiture by operation of law of a license or certificate of registration issued by the office, or its suspension, forfeiture,…
   • § 11315.5 Notwithstanding any other provision of law, the office may, at any time the director deems it to be in the public interest, enter into a settlement of any…
   • § 11316 (a) The director may assess a fine against a licensee, applicant for licensure, person who acts in a capacity that requires a license under this part, course…
   • § 11317 The office shall publish a summary of public disciplinary actions taken by the office, including resignations while under investigation and the violations upon…
   • § 11317.2 (a) (1) In addition to publishing the summary required by Section 11317, the bureau shall provide on the internet information regarding the status of every…
   • § 11318 (a) A licensee, applicant for licensure, course provider, or applicant for course provider accreditation shall report to the office, in writing, the occurrence…
   • § 11319 (a) Notwithstanding any other provision of this code, except as provided in subdivision (b), the Uniform Standards of Professional Appraisal Practice…
   • § 11319.2 (a) A license of a licensee or a certificate of a registrant shall be suspended automatically during any time that the licensee or registrant is incarcerated…
3. CHAPTER 3. Scope of Practice §§ 11320–11328.1 · 10 sections

   • § 11320 No person shall engage in federally related real estate appraisal activity governed by this part or assume or use the title of or any title designation or…
   • § 11320.5 No person or entity shall act in the capacity of an appraisal management company or represent itself to the public as an appraisal management company, either…
   • § 11321 (a) No person other than a state licensed real estate appraiser may assume or use that title or any title, designation, or abbreviation likely to create the…
   • § 11323 No licensee shall engage in any appraisal activity if his or her compensation is dependent on or affected by the value conclusion generated by the appraisal.
   • § 11324 An individual who is not a licensee may assist in the preparation of an appraisal in a federally related transaction under the following conditions: (a) The…
   • § 11325 (a) The director shall adopt regulations which determine the parameters of appraisal work which may be performed by licensed appraisers. (b) Regulations…
   • § 11326 (a) The county assessor shall, upon request, disclose information, furnish abstracts, copies of maps, construction permits, notices of completion, sales…
   • § 11327 The director shall adopt regulations governing the process and procedure of applying for a trainee license, which shall meet, at a minimum, the requirements of…
   • § 11328 To substantiate documentation of appraisal experience, or to facilitate the investigation of illegal or unethical activities by a licensee, applicant, or other…
   • § 11328.1 If the director has a reasonable belief that a registrant, or person or entity acting in a capacity that requires a certificate of registration, has engaged in…
4. CHAPTER 4. Licenses and Certification Application §§ 11340–11347 · 17 sections

   • § 11340 The director shall adopt regulations governing the process and the procedure of applying for a license that shall include, but not be limited to, necessary…
   • § 11341 A license issued with an effective date of January 1, 2000, or later shall be valid for two years unless otherwise extended or limited by the director.
   • § 11343 (a) Each real estate appraiser license applicant and each controlling person of each applicant for registration as an appraisal management company shall submit…
   • § 11344 (a) Notwithstanding Section 11341, a temporary license may be issued pending the outcome of the fingerprint and background check or as otherwise prescribed by…
   • § 11345 The director shall adopt regulations governing the process and procedure of applying for registration as an appraisal management company. Applications for a…
   • § 11345.05 (a) A registrant shall notify the bureau within 10 business days, on a form developed by the bureau, of any additions, deletions, or changes in the names,…
   • § 11345.1 A certificate of registration as an appraisal management company shall be valid for a period of two years, unless otherwise extended or limited by the director.
   • § 11345.2 (a) An individual shall not act as a controlling person for a registrant if any of the following apply: (1) The individual has entered a plea of guilty or no…
   • § 11345.3 All appraisal management companies shall do all of the following: (a) Ensure that all contracted appraisal panel members possess all required licenses and…
   • § 11345.4 No person or entity acting in the capacity of an appraisal management company shall improperly influence or attempt to improperly influence the development,…
   • § 11345.45 A person or entity may not structure an appraisal assignment for, or a contract with, an employee appraiser or an independent contractor appraiser for the…
   • § 11345.5 For purposes of subdivision (d) of Section 11302 and determining whether, within a 12-month period, an appraisal management company oversees an appraiser panel…
   • § 11345.6 (a) No appraisal management company may alter, modify, or otherwise change a completed appraisal report submitted by an appraiser. (b) No appraisal management…
   • § 11345.7 No person or entity preparing an appraisal or performing appraisal management functions in connection with the origination, modification, or refinancing of a…
   • § 11345.8 A federally regulated appraisal management company operating in California shall report to the bureau the information the bureau is required to submit to the…
   • § 11346 The provisions of this part relating to appraisal management companies shall cease to be operative 60 days after the effective date of a federal law that…
   • § 11347 (a) The bureau may request that a licensee identify their race, ethnicity, sexual orientation, gender, or gender identity. The data may be requested when an…
5. CHAPTER 5. Reciprocity of Licenses and Certification §§ 11350–11352 · 3 sections

   • § 11350 The director shall adopt regulations governing the process and procedure of applying for reciprocity, which shall meet, at a minimum, the requirements of the…
   • § 11351 Temporary practice is not required under this chapter if the appraiser from another state assists in the performance of the appraisal as provided by Section…
   • § 11352 The director shall adopt regulations governing the process and procedure of applying for temporary practice, which shall meet, at a minimum, the requirements…
6. CHAPTER 6. Continuing Education §§ 11360–11361 · 2 sections

   • § 11360 (a) The director shall adopt regulations governing the process and procedures for renewal of a license or restoration of a license to active status that shall…
   • § 11361 The director shall adopt regulations for implementation of this chapter to ensure that persons engaged in appraisal activity have current knowledge of real…
7. CHAPTER 7. Fees §§ 11400–11409 · 9 sections

   • § 11400 (a) Initial application fees shall be paid to the bureau at the time of application. (b) All fees shall be paid by cashier’s check, certified check, or money…
   • § 11401 (a) The fee to take an examination or reexamination for a license shall be set at an amount not to exceed the cost to the bureau as determined by competitive…
   • § 11404 The fee for an original or renewal real estate appraiser license or appraiser trainee license shall not exceed four hundred fifty dollars ($450).
   • § 11405 The fee for an original or renewal certification as a state certified real estate appraiser shall not exceed five hundred twenty-five dollars ($525).
   • § 11406 (a) The director shall by regulation establish fees for approval of basic education and continuing education courses or their equivalent, or for the evaluation…
   • § 11406.5 The director shall, by regulation, establish the fees to be imposed on appraisal management companies. The fees shall be sufficient to cover the costs incurred…
   • § 11407 The director may by regulation prescribe fees lower than the maximum fees established by this chapter if the director determines that lower fees will be…
   • § 11408 (a) An applicant for licensure shall not be eligible to have a license issued unless the applicant notifies the bureau within one year of successful completion…
   • § 11409 (a) Except as otherwise provided by law, any order issued in resolution of a disciplinary proceeding may direct a licensee, applicant for licensure, person who…
8. CHAPTER 8. Real Estate Appraisers Regulation Fund §§ 11410–11420 · 34 sections

   • § 11410 The Real Estate Appraisers Regulation Fund is hereby created in the State Treasury to consist of moneys raised by fees and assessments imposed pursuant to this…
   • § 11411 There shall be separate accounts in the Real Estate Appraisers Regulation Fund for purposes of administration and for purposes of recovery. These accounts…
   • § 11411.5 As used in this chapter, the following definitions apply: (a) “Application” means an application for payment from the Recovery Account filed with the bureau…
   • § 11412 (a) On or before January 1, 2002, the director shall determine the number of complaint cases containing judicial findings of fraud that may be eligible for…
   • § 11412.2 (a) In addition to the amount paid into the Recovery Account as set forth in Section 11411, the director may authorize a transfer from the Administration…
   • § 11413 (a) (1) When an aggrieved person obtains either (A) a final judgment in a court of competent jurisdiction, including, but not limited to, a criminal…
   • § 11413.1 (a) The claimant shall serve a copy of the notice prescribed in subdivision (e) together with a copy of the application upon the judgment debtor by personal…
   • § 11413.2 (a) For all applications and documents submitted electronically to the bureau, the claimant or claimant’s attorney shall submit the application and supporting…
   • § 11413.3 (a) The response by a judgment debtor shall contain a verification that a copy of the response was sent to the claimant or, if the claimant is represented by…
   • § 11413.4 (a) A judgment debtor who has filed a response objecting to payment to a claimant from the Recovery Account may submit a written argument setting forth in…
   • § 11414 (a) If the bureau determines that the application as submitted by the claimant fails to comply substantially with the requirements of Section 11413 or with the…
   • § 11414.1 (a) An application for payment from the Recovery Account shall be made on a form prescribed by the bureau, shall contain the items specified by subdivision (c)…
   • § 11414.2 Except as provided in Section 11414.1, an application for payment from the Recovery Account is “substantially complete” within the meaning of subdivision (b)…
   • § 11415 (a) The bureau shall render a final written decision on the application within 180 days after a completed application has been received unless the claimant…
   • § 11415.1 (a) If the bureau mailed one or more itemized lists of deficiencies to a claimant as provided by subdivision (a) of Section 11414, and if, after an…
   • § 11416 (a) In its consideration and investigation of an application, the bureau shall have recourse to all appropriate means of investigation and discovery available…
   • § 11417 (a) The bureau shall give notice of a decision rendered with respect to the application to the claimant and to a judgment debtor pursuant to Section 11413.1.…
   • § 11417.1 (a) If the decision of the bureau is to make a payment out of the Recovery Account and the judgment debtor files a writ of mandamus as provided in subdivision…
   • § 11417.2 If, at any time prior to the rendering of a decision on an application, the bureau makes a preliminary determination that the aggregate valid applications of…
   • § 11417.3 (a) A claimant against whom the bureau has rendered a decision denying an application pursuant to Section 11413 may, within six months after the mailing of the…
   • § 11417.4 After initial service of the application on the bureau and the judgment debtor by the claimant as provided by subdivision (b) of Sections 11413 and…
   • § 11417.5 (a) The bureau and the judgment debtor shall each have 30 days after being served with the application in which to file a written response. The court shall…
   • § 11417.6 (a) Whenever the court proceeds upon an application under Section 11417.3, it shall order payment out of the Recovery Account only upon a determination that…
   • § 11417.7 The judgment debtor may defend an action against the Recovery Account on their own behalf and shall have recourse to all appropriate means of defense and…
   • § 11418 Notwithstanding any other provision of this chapter and regardless of the number of persons aggrieved or real estate appraisals involved in a transaction or…
   • § 11418.1 If the amount of liability of the Recovery Account as provided for in Section 11418 is insufficient to pay in full the valid claims of all aggrieved persons by…
   • § 11418.2 If the bureau pays from the Recovery Account any amount in settlement of a claim or toward satisfaction of a judgment against a licensed appraiser, the license…
   • § 11418.3 If, at any time, the money deposited in the Recovery Account is insufficient to satisfy any authorized claim or portion thereof, the bureau shall, when…
   • § 11418.4 Any sums received by the bureau pursuant to any provisions of this chapter shall be deposited in the State Treasury and credited to the Recovery Account.
   • § 11419 A person or the agent of any person shall not file with the bureau any notice, statement, or other document required under this chapter that is false or untrue…
   • § 11419.1 When the bureau has paid from the Recovery Account any sum to the judgment creditor, the bureau shall be subrogated to all of the rights of the judgment…
   • § 11419.2 The failure of an aggrieved person to comply with this chapter shall constitute a waiver of any rights hereunder.
   • § 11419.3 Nothing in this chapter limits the authority of the bureau to take disciplinary action against a licensee for a violation of this part or of the rules and…
   • § 11420 This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed.
9. CHAPTER 9. Miscellaneous §§ 11422–11425 · 4 sections

   • § 11422 The bureau shall, on or before February 1, 1994, and at least annually thereafter, transmit to the appraisal subcommittee specified in subdivision (g) of…
   • § 11423 (a) For purposes of this section: (1) “Applicant” means a person who has made a written request for an extension of credit which is proposed to be secured by…
   • § 11424 (a) Licensees shall not base, either partially or completely, their analysis or opinion of market value on the basis of race, color, religion (creed), gender,…
   • § 11425 (a) The bureau shall conduct a one-time study on the feasibility of mandatory licensing for real estate appraisers in California. The bureau shall report its…