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H0453...........................................................by BUSINESS
REAL ESTATE APPRAISERS - Amends existing law to revise disciplinary
proceeding provisions relating to licensed and certified real estate
appraisers; and to revise fee provisions.
02/01 House intro - 1st rdg - to printing
02/04 Rpt prt - to Bus
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 60-7-3
AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart,
Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Moyle, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Ruchti, Rusche,
Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively,
Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas,
Trail, Vander Woude, Wills, Wood(27)
NAYS -- Barrett, Harwood, Marriott, McGeachin, Mortimer, Roberts,
Wood(35)
Absent and excused -- Durst, Mathews, Mr. Speaker
Floor Sponsor - Black
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Com/HuRes
02/29 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Broadsword, Gannon, Siddoway
Floor Sponsor - Cameron
Title apvd - to House
03/10 To enrol
03/11 Rpt enrol - Sp signed
03/12 Pres signed - To Governor
03/14 Governor signed
Session Law Chapter 108
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 453 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO REAL ESTATE APPRAISERS; AMENDING SECTION 54-4107, IDAHO CODE, TO 3 REVISE DISCIPLINARY PROCEEDING PROVISIONS RELATING TO LICENSED AND CERTI- 4 FIED REAL ESTATE APPRAISERS AND TO MAKE A TECHNICAL CORRECTION; AND AMEND- 5 ING SECTION 54-4113, IDAHO CODE, TO REVISE FEE PROVISIONS RELATING TO 6 EXAMINATIONS AND REEXAMINATIONS FOR LICENSES AND CERTIFICATES. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 54-4107, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-4107. DISCIPLINARY PROCEEDINGS. (1) The boardshall upon a written11sworn complaint or may upon its own motion investigate the actions of any12state licensed or certified real estate appraiser andmay refuse to issue, 13 refuse to renew or may suspend,orrevoke or otherwise sanction any license or 14 certificate issued under this chapter for any of the following: 15 (a) Procuring licensure or certification pursuant to this chapter by 16 knowingly making a false statement, submitting false information, refusing 17 to provide complete information in response to a question in an applica- 18 tion for licensure or certification or through any form of fraud or mis- 19 representation; 20 (b) Being convicted of a felony; 21 (c) Making any substantial misrepresentation, false promises or false or 22 fraudulent representation; 23 (d) Violating the provisions of this chapter or any rules of the board; 24 (e) Being negligent or incompetent, as defined in the uniform standards 25 of professional appraisal practices, in developing an appraisal, in pre- 26 paring an appraisal report or in communicating an appraisal; 27 (f) Accepting an appraisal assignment when the employment is contingent 28 upon the licensed or certified appraiser reporting a predetermined esti- 29 mate, analysis or opinion, or where the fee to be paid is contingent upon 30 the opinion, conclusion, or valuation reached, or upon the consequences 31 resulting from the appraisal assignment; 32 (g) Violating the confidential nature of governmental records to which he 33 gained access through employment as a licensed or certified appraiser by a 34 governmental agency; 35 (h) Entering into an agreement to perform specialized services for a con- 36 tingent fee, and failing to clearly state this fact in each written and 37 oral report;or38 (i) Failing as a state licensed or certified real estate appraiser to 39 actively and personally supervise any person not licensed or certified 40 under the provisions of this chapter, who assists said state licensed or 41 certified appraiser in performing real estate appraisals; or 42 (j) Having had a license or certificate to practice revoked, suspended or 43 otherwise sanctioned by any other state. 2 1 (2) The board, or its duly appointed hearing officer, shall have the 2 power in any disciplinary proceeding under this chapter, to administer oaths, 3 take depositions of witnesses within or without the state in the manner pro- 4 vided by law in civil cases, and may apply to any district court of this state 5 for a subpoena to require the attendance of such witnesses and the production 6 of such books, records and papers as it deems necessary. The fees and mileage 7 of the witnesses shall be the same as that allowed in the district courts in 8 civil cases, which fees and mileage shall be paid in the same manner as other 9 expenses of the board are paid. In any case of disobedience to, or neglect of, 10 any subpoena or subpoena duces tecum served upon any person, or the refusal of 11 any witness to testify to any matter regarding which he may lawfully be inter- 12 rogated, it shall be the duty of any district court in this state on applica- 13 tion by the board to compel compliance with the subpoena by proceedings for 14 contempt, as in the case of disobedience of the requirements of a subpoena 15 issued from such court or for refusal to testify therein. The state licensed 16 or certified person accused in such proceedings shall have the same right of 17 subpoena. 18 (3) Except as otherwise provided in this chapter, all proceedings under 19 this chapter shall be in accordance with the administrative proceduresact, 20 chapter 52, title 67, Idaho Code. 21 SECTION 2. That Section 54-4113, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 54-4113. FEES -- ISSUANCE OF LICENSES OR CERTIFICATES. Every person 24 applying for examinationfor a license or certificateor reexamination under 25 this chapter shall pay a feeof not to exceed three hundred fifty dollars26($350) to the bureau of occupational licenses. In case the applicant fails to27qualify, said fee shall be retained by the bureau to cover the necessary28expenses of said examinationequal to that charged by the national examining 29 entity. If the result of the examination of any applicant shall be satisfac- 30 tory to the board, under its rules, it shall issue to such applicant a license 31 or certificate setting forth the fact that he is a state licensed or certified 32 real estate appraiser and authorized to practice his profession in this state. 33The fee for reexamination shall not exceed two hundred dollars ($200).The fee 34 for obtaining a license or certificate under the provisions of this chapter 35 shall be an amount not to exceed five hundred dollars ($500). The annual fee 36 for renewal or reinstatement of a license or certificate shall be an amount 37 not to exceed five hundred dollars ($500), which shall be paid to the bureau. 38 The board shall adopt all fees by rule. 39 In addition to those fees described above, the board may collect from 40 applicants for licensure or certification and holders of state licenses or 41 certificates of appraisal and remit to the appropriate agency or instrumental- 42 ity of the federal government, any additional fees as may be required to ren- 43 der Idaho state licensed residential, certified residential and general real 44 estate appraisers eligible to perform appraisals in connection with federally- 45 related transactions.
STATEMENT OF PURPOSE
RS 17366
This bill will add consideration of a disciplinary action of a real
estate appraiser licensee in another state as grounds for
discipline and add the right to refuse to issue or renew a license
under disciplinary proceedings in order to protect the public.
This bill will also allow that examination fees be paid directly to
the test administrator by the applicants.
FISCAL NOTE
There is no fiscal impact on General or dedicated funds as all fees
collected in the past were passed onto the test administrator.
Contact
Name: TANA CORY, Bureau of Occupational Licenses
Phone: (208) 334-3233
STATEMENT OF PURPOSE/FISCAL NOTE H 453
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