Delaware General Assembly

Signed 7/7/05

The General Assembly has ended, the current status is the final status.

3/16/05

Oberle

Rep. Ulbrich
Sen. McBride

Reps. Hudson, Mulrooney, Valihura, Viola
Sen. Bonini, Copeland, Peterson, Sokola

AN ACT TO AMEND TITLE 24 AND TITLE 29 OF THE DELAWARE CODE RELATING TO REAL ESTATE APPRAISERS.

This Act amends Titles 24 and 29 of the Delaware Code to implement the 2000 Joint Sunset Committee recommendations for the Council on Real Estate Appraisers. Specifically, this Act separates the provisions related to real estate appraisers from the chapter that regulates real estate brokers and salespersons by creating a new Chapter in Title 24. This new Chapter conforms to provisions characteristic of other regulatory boards. These provisions include: licensure in good standing; qualifications for licensure; hearing procedures; disciplinary sanctions; and inactive status among other standard regulatory provisions. Sections 4002(2) and 4008(a)(1) of this Act reference the Appraisal Qualifications Board (AQB). The AQB establishes minimum qualification requirements for real estate appraisers providing appraisals and federally-related transactions. Section 4003(b) of this Act clarifies that the Council on Real Estate Appraisers consists of nine members. Four members are appraisers including at least one licensed, one certified residential, and one certified general appraiser; one member who is both an appraiser and a real estate broker; one member who is in banking, and three public members. Section 4008(a)(4) of this Act states that an applicant for licensure shall not have a criminal conviction record, nor a pending criminal charge that is substantially related to the practice of real estate appraising. Similarly, Section 4014(a)(3) states that an applicant who has been convicted of an offense is subject to disciplinary action by the Council only if the crime was substantially related to the practice of real estate appraising. Lastly, this Act adds the Council on Real Estate Appraisers to the list of agencies subject to the Administrative Procedures Act.

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Takes effect upon being signed into law

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