Bill Text: IN HB1235 | 2010 | Regular Session | Enrolled
Bill Title: Regulation of appraisal management companies.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1235 Detail]
Download: Indiana-2010-HB1235-Enrolled.html
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AN ACT to amend the Indiana Code concerning professions and occupations.
(b) The expenses of administering the fund shall be paid from the money in the fund. The fund consists of:
(1) money from a fee imposed upon licensed or certified appraisers and real estate brokers and salespersons under IC 25-34.1-2-7 and IC 25-34.1-3-9.5;
(2) civil penalties deposited in the fund under IC 24-5-23.5-9(d);
(3) registration fees imposed on appraisal management companies under IC 25-34.1-11-15; and
(4) civil penalties deposited under IC 25-34.1-11-17.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(d) Except as otherwise provided in this subsection, money in the fund at the end of a state fiscal year does not revert to the state general
fund. If the total amount in the investigative fund exceeds seven
hundred fifty thousand dollars ($750,000) at the end of a state fiscal
year after payment of all claims and expenses, the amount that exceeds
seven hundred fifty thousand dollars ($750,000) reverts to the state
general fund.
(e) Money in the fund is continually appropriated for use by the
attorney general and the licensing agency to administer and enforce the
provisions of this article and to conduct investigations and take
enforcement action against real estate and appraisal fraud under this
article. The attorney general shall receive five dollars ($5) of each fee
collected under IC 25-34.1-2-7 and IC 25-34.1-3-9.5, and the licensing
agency shall receive any amount that exceeds five dollars ($5) of each
fee collected under IC 25-34.1-2-7 and IC 25-34.1-3-9.5.
Chapter 11. Appraisal Management Companies
Sec. 1. As used in this chapter, "appraisal" has the meaning set forth in IC 24-5-23.5-1.
Sec. 2. As used in this chapter, "appraisal management company" means a person that, for compensation, acts as a third party intermediary by contracting with independent real estate appraisers to perform appraisals for other persons.
Sec. 3. (a) As used in this chapter, "appraisal management services" means any of the following functions:
(1) To recruit, qualify, verify licensing or certification, or negotiate fees and service level expectations with independent real estate appraisers on behalf of a person seeking an appraisal.
(2) To receive an order for an appraisal from a person and deliver the order for completion to a independent real estate appraiser.
(3) To track and determine the status of orders for appraisals.
(4) To conduct quality control of a completed appraisal before delivery of the appraisal to the client who ordered the appraisal.
(5) To provide a completed appraisal performed by a real estate appraiser to one (1) or more clients.
(b) The term does not include transportation or communication of an appraisal or order for an appraisal without concern for the appraisal information in the appraisal or the order for an appraisal, including transportation or communication by the
United States Postal Service, a delivery company, a courier, or an
Internet service provider.
Sec. 4. As used in this chapter, "board" refers to the real estate
appraiser licensure and certification board established by
IC 25-34.1-8-1.
Sec. 5. (a) As used in this chapter, "person" means an individual
engaged in a trade or business, an association, a partnership, a
limited partnership, a limited liability company, a corporation, or
a similar entity.
(b) The term does not include an employee.
Sec. 6. As used in this chapter, "real estate appraiser" means a
person who:
(1) prepares an appraisal for a real estate transaction in
Indiana; and
(2) meets one (1) or more of the following:
(A) Is licensed as a real estate broker under IC 25-34.1 and
performs real estate appraisals within the scope of the
person's license.
(B) Holds a real estate appraiser license or certificate
issued under IC 25-34.1-8.
Sec. 7. "USPAP" refers to the Uniform Standards of
Professional Appraisal Practice, as published by the Appraisal
Standards Board of the Appraisal Foundation, under the authority
of Title XI of the federal Financial Institutions Reform, Recover,
and Enforcement Act (12 U.S.C. 3331-3351).
Sec. 8. An appraisal management company may not perform
appraisal management services unless the appraisal management
company has obtained a certificate of registration from the board
under this chapter.
Sec. 9. (a) An appraisal management company that wishes to
obtain or renew a certificate of registration under this chapter
must submit the following information to the board on forms
prescribed by the board:
(1) The name of the person seeking registration.
(2) The business address of the person seeking registration.
(3) The telephone contact information of the person seeking
registration.
(4) The name, address, and contact information of each
person that has an ownership share in an appraisal
management company that equals or exceeds five percent
(5%) of the total ownership share of the appraisal
management company.
(5) Any other information that the board reasonably requires.
(b) An appraisal management company that wishes to obtain or renew a certificate of registration must pay the fee established under section 15 of this chapter.
Sec. 10. (a) The board shall issue a certificate of registration to an appraisal management company that:
(1) has furnished the information required by section 9(a) of this chapter in the manner prescribed by the board; and
(2) paid the fee required under section 9(b) of this chapter.
(b) A certificate of registration issued to an appraisal management company under this chapter expires two (2) years after the date on which the certificate of registration is issued.
Sec. 11. (a) A person may not own an interest in an appraisal management company if the person has had the person's license or certificate to act as a real estate appraiser in Indiana or any other state revoked and the license or certificate has not been reinstated.
(b) An appraisal management company may only hire an independent contractor to perform an appraisal who:
(1) holds a license or certificate under IC 25-34.1-3-8 or a license as a real estate broker under IC 25-34.1; and
(2) is in good standing.
(c) An appraisal management company may not corrupt or improperly influence a real estate appraiser in violation of IC 24-5-23.5-7.
Sec. 12. (a) As used in this section, "appraisal review" means the USPAP Standard 3 process of developing and communicating an opinion about the quality of an independent real estate appraiser's work that is performed as part of an appraisal assignment made by an appraisal management company. However, the term does not include:
(1) an examination of an appraisal solely for grammatical errors, typographical errors, or similar errors; or
(2) a quality control examination for completeness.
(b) An individual who performs an appraisal review must hold a license or certificate under IC 25-34.1-3-8 or a license as a real estate broker under IC 25-34.1.
Sec. 13. (a) An appraisal management company performing appraisal management services shall maintain a record of each service request for an appraisal that the appraisal management company receives. The following must be included in a record maintained under this subsection:
(1) The person making the service request.
(2) The date on which the service request is made.
(3) The property to be appraised.
(4) The real estate appraiser who performed the appraisal.
(5) A copy of the appraisal produced for the service request.
(6) The individuals who reviewed the appraisal.
(7) The date on which the appraisal was delivered to the person who made the service request.
(8) The costs and fees for the appraisal management services performed by the appraisal management company.
(9) The costs and fees for the appraisal performed by the real estate appraiser.
(b) An appraisal management company shall keep the records described in subsection (a) for not less than six (6) years after the date specified in subsection (a)(2).
Sec. 14. The board shall prescribe forms for the registration of appraisal management companies under this chapter.
Sec. 15. (a) The board shall establish the registration fee to be paid by an appraisal management company seeking registration under this chapter. The amount of the registration fee must be the lesser of:
(1) the amount determined by the board to be sufficient for the administration of appraisal management registrations under this chapter when aggregated with all the registration fees paid by appraisal management companies seeking registration under this chapter; or
(2) five hundred dollars ($500).
(b) Registration fees collected under this section must be deposited in the investigative fund established by IC 25-34.1-8-7.5.
Sec. 16. An appraisal management company is responsible for ensuring an appraisal complies with standards established:
(1) in the USPAP; and
(2) by the board.
Sec. 17. (a) An appraisal management company that violates this chapter is subject to disciplinary sanctions under IC 25-1-11-12.
(b) The board may impose a civil penalty of not more than ten thousand dollars ($10,000) for each violation of this chapter.
(c) A civil penalty collected under this section must be deposited in the investigative fund established by IC 25-34.1-8-7.5.
Sec. 18. (a) A person who performs appraisal management services without a certificate of registration under this chapter commits a Class A infraction.
(b) The attorney general, the board, or the prosecuting attorney of any county in which a violation occurs may maintain an action in the name of the state to enjoin a person from violating this section.
Sec. 19. The board may adopt rules under IC 4-22-2 that the board considers necessary or advisable for the administration of this chapter.
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