11301.

 There is hereby created within the Business, Transportation and Housing Agency an Office of Real Estate Appraisers to administer and enforce this part.

11302.

 For the purpose of applying this part, the following terms, unless otherwise expressly indicated, shall mean and have the following definitions:

(a)  “Agency” means the Business, Transportation and Housing Agency.

(b)  “Appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion in a federally related transaction as to the market value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.

The term “appraisal” does not include an opinion given by a real estate licensee or engineer or land surveyor in the ordinary course of his or her business in connection with a function for which a license is required under Chapter 7 (commencing with Section 6700) or Chapter 15 (commencing with Section 8700) of Division 3, or Chapter 3 (commencing with Section 10130) or Chapter 7 (commencing with Section 10500) and the opinion shall not be referred to as an appraisal. This part does not apply to a probate referee acting pursuant to Sections 400 to 408, inclusive, of the Probate Code unless the appraised transaction is federally related.

(c)  “Appraisal Foundation” means the Appraisal Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987.

(d)  “Appraisal Subcommittee” means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

(e)  “Certificate” means a certificate issued by the office authorizing the person to whom it is issued to act within this state as a state certified real estate appraiser.

(f)  “Certification” means the procedures and requirements a person shall comply with in order to qualify for issuance of a certificate and includes the issuance of the certificate.

(g)  “Committee” means the Real Estate Appraisers’ Advisory Committee.

(h)  “Director” means the Director of the Office of Real Estate Appraisers.

(i)  “Federal financial institutions regulatory agency” means the Federal Reserve Board, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Office of Thrift Supervision, Federal Home Loan Bank System, National Credit Union Administration, the Resolution Trust Corporation, and any other agency determined by the director to have jurisdiction over transactions subject to this part.

(j)  “Federally related real estate appraisal activity” means the act or process of making or performing an appraisal on real estate or real property in a federally related transaction and preparing an appraisal as a result of that activity.

(k)  “Federally related transaction” means any real estate-related financial transaction which a federal financial institutions regulatory agency engages in, contracts for or regulates and which requires the services of a state licensed real estate appraiser or state certified real estate appraiser regulated by this part. This term also includes any transaction identified as such by a federal financial institutions regulatory agency.

( l)  “License” means a license issued by the office authorizing the person to whom it is issued to act within this state as a state licensed real estate appraiser.

(m)  “Licensure” means the procedures and requirements a person shall comply with in order to qualify for issuance of a license and includes the issuance of the license.

(n)  “Office” means the Office of Real Estate Appraisers.

(o)  “Secretary” means the Secretary of the Business, Transportation and Housing Agency.

(p)  “State certified real estate appraiser” is a person who holds a current valid certificate issued to him or her under this part to perform, make, or approve and sign an appraisal. A state certified real estate appraiser may use the abbreviation SCREA in his or her real property appraisal business.

(q)  “State licensed real estate appraiser” is a person who is issued and holds a current valid license under this part to perform, make, or approve and sign an appraisal. A state licensed real estate appraiser may use the abbreviation SLREA in his or her real property appraisal business.

(r)  “Uniform Standards of Professional Appraisal Practice” are the standards of professional appraisal practice established by the Appraisal Foundation.

11313.

 The office is under the supervision and control of the secretary. The duty of enforcing and administering this part is vested in the director and he or she is responsible to the secretary therefor. The director shall adopt and enforce rules and regulations as are determined reasonably necessary to carry out the purposes of this part. Those rules and regulations shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

11315.

 (a)  The director may issue to a state licensed real estate appraiser, or a state certified real estate appraiser, a citation that may contain an order to pay an administrative fine assessed by the office if the appraiser is in violation of this part or any regulations adopted to carry out its purposes.

(b)  A citation shall be written and describe with particularity the nature of the violation, including a specific reference to the provision of law determined to have been violated.

(c)  If appropriate, the citation shall contain an order of abatement fixing a reasonable time for abatement of the violation.

(d)  In no event shall the administrative fine assessed by the office exceed ten thousand dollars ($10,000) per incident. In assessing a fine, the office shall give due consideration to the appropriateness of the amount of the fine with respect to factors such as the gravity of the violation, the good faith of the state licensed real estate appraiser or state certified real estate appraiser, and the history of previous violations.

(e)  A citation or fine assessment issued pursuant to a citation shall inform the state licensed real estate appraiser or state certified real estate appraiser that, if he or she desires a hearing to contest the finding of a violation, he or she must request a hearing by written notice to the office within 30 days of the date of issuance of the citation or assessment. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(f)  (1)  Failure of a state licensed real estate appraiser or state certified real estate appraiser to pay a fine within 30 days of the date of assessment, unless the citation is being appealed, shall result in disciplinary action by the office. If a state licensed real estate appraiser or state certified real estate appraiser fails to pay a fine within 30 days, the director shall charge him or her interest and a penalty of 10 percent of the fine amount. Interest shall be charged at the pooled money investment rate.

(2)  If a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of the license or certificate. A license or certificate shall not be renewed prior to payment of the renewal fee and fine.

(g)  A citation may be issued without the assessment of an administrative fine.

(h)  Administrative fines collected pursuant to this section shall be deposited in the Administration Account of the Real Estate Appraisers Regulation Fund.

11319.

 Notwithstanding any other provision of this code, the Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for a state licensed real estate appraiser or state certified real estate appraiser in any work or service performed that is addressed by those standards. If a state licensed real estate appraiser or state certified real estate appraiser also is certified by the Board of Equalization, he or she shall follow the standards established by the Board of Equalization when fulfilling his or her responsibilities for assessment purposes.

11321.

 (a)  No person other than a state licensed real estate appraiser or state certified real estate appraiser may assume or use that title or any title, designation, or abbreviation likely to create the impression of state licensure or certification as a real estate appraiser in this state.

(b)  No person other than a state licensed real estate appraiser or state certified real estate appraiser may sign an appraisal. A trainee licensed pursuant to Section 11327 may sign an appraisal if it is also signed by either a state licensed real estate appraiser or a state certified real estate appraiser.

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 the Appraisal Foundation.

11328.

 To substantiate documentation of appraisal experience, or to facilitate the investigation of illegal or unethical activities by a state licensed real estate appraiser or state certified real estate appraiser, the appraiser shall, upon the request of the director, submit copies of appraisals, or any work product which is addressed by the Uniform Standards of Professional Appraisal Practice, and all supporting documentation and data to the office. This material shall be confidential in accordance with the confidentiality provisions of Uniform Standards of Professional Appraisal Practice.

11340.

 The director shall adopt regulations governing the process and the procedure of applying for a real estate appraiser license and real estate appraiser certificate which shall include, but not be limited to, necessary experience or education, equivalency, and minimum requirements of the Appraisal Foundation, if any.

(a)  For purposes of the educational background requirements established under this section, the director shall grant credits for any courses taken on real estate appraisal ethics or practices pursuant to Section 10153.2, or which are deemed by the director to meet standards established pursuant to this part and federal law.

(b)  For the purpose of implementing and applying this section, the director shall, with the advice and assistance of the committee, prescribe by regulation “equivalent courses” and “equivalent experience.” The experience of employees of an assessor’s office or of the State Board of Equalization in setting forth opinions of value of real property for tax purposes shall be deemed equivalent to experience in federally related real estate appraisal activity. Notwithstanding any other law, a holder of a valid real estate broker license shall be deemed to have completed appraisal license application experience requirements upon proof that he or she has accumulated 1,000 hours of experience in the valuation of real property.

(c)  The director shall adopt regulations governing the process of applying for certification as a state certified real estate appraiser which shall meet, at a minimum, the requirements and standards established by the Appraisal Foundation, the Resolution Trust Corporation, and the federal financial institutions regulatory agencies acting pursuant to Section 1112 of the Financial Institutions Reform Recovery and Enforcement Act of 1989, Public Law 101-73 (FIRREA). The director shall, by regulation, require the application for a real estate appraiser license and real estate appraiser certificate to include the applicant’s social security number.

(d)  In evaluating the experience of any applicant for licensure, regardless of the number of hours required of that applicant, the director shall apply the same standards to the experience of all applicants.

(e)  No license or certificate shall be issued to an applicant who is less than 18 years of age.

11344.

 (a)  Notwithstanding Sections 11341 and 11342, a temporary license or a temporary certificate may be issued pending the outcome of the fingerprint check. A temporary license or temporary certificate is valid for up to 120 days. A temporary license or temporary certificate may be renewed once at the discretion of the director.

(b)  The director may issue a probationary license or certificate as follows:

(1)  By term.

(2)  By conditions to be observed in the exercise of the privileges granted.

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 Appraisal Subcommittee.

11352.

 The director shall adopt regulations governing the process and procedure of applying for temporary practice, which shall meet, at a minimum, the requirements of the Appraisal Subcommittee.

11400.

 (a)  Initial application fees, including examination fees, shall be paid to the office at the time of application.

(b)  All issuance-related fees shall be paid to the office at the time the issuance application is submitted to the office.

(c)  All fees shall be paid by cashier’s check, certified check, money order, or government purchase order. In addition, the office may accept personal checks or credit cards for the payment of fees. All fees shall be deemed earned by the office upon receipt and are refundable at the discretion of the director.

11411.

 There shall be separate accounts in the Real Estate Appraisers Regulation Fund for purposes of administration and for purposes of recovery. These accounts shall be known respectively as the Administration Account and the Recovery Account. On and after January 1, 1996, five percent of the amount of any license or certificate fee collected under this part shall be credited to the Recovery Account. The Recovery Account is a continuing appropriation for carrying out this chapter.