Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
 12/05/2008 06:26:17 AM EST
IC 25-34.1-8
     Chapter 8. Real Estate Appraiser Certification Board

IC 25-34.1-8-1
Creation of board
     Sec. 1. The real estate appraiser licensure and certification board is created.
As added by P.L.186-1990, SEC.14. Amended by P.L.183-1991, SEC.10.

IC 25-34.1-8-2
Qualification of members; appointment
     Sec. 2. (a) The board consists of seven (7) members appointed by the governor as follows:
        (1) Five (5) members who are real estate appraisers:
            (A) who are licensed or certified under this article;
            (B) who have at least five (5) years experience as real estate appraisers; and
            (C) at least three (3) of whom are certified appraisers.
        (2) One (1) representative who represents lenders qualified to:
            (A) make Federal Housing Administration insured loans and Veterans Administration guaranteed loans; and
            (B) sell loans to the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.
        (3) One (1) member who is not associated with the real estate business in any way other than as a consumer.
    (b) When making appointments under subsection (a), the governor shall consider the geographic areas represented on the board.
As added by P.L.186-1990, SEC.14. Amended by P.L.183-1991, SEC.11.

IC 25-34.1-8-3
Term
     Sec. 3. Each board member serves for a term of four (4) years.
As added by P.L.186-1990, SEC.14.

IC 25-34.1-8-3.5
Officers
     Sec. 3.5. (a) The board shall annually elect one (1) of its members to be the chair and another member to be the vice chair.
    (b) A member of the board who serves as chair or vice chair serves until a successor is elected.
    (c) A member who serves as chair or vice chair may serve not more than two (2) consecutive terms in that capacity.
    (d) The chair shall preside at all of the board's meetings.
    (e) The vice chair shall:
        (1) preside at meetings in the absence of the chair; and
        (2) perform other duties as directed by the chair.
As added by P.L.236-1995, SEC.51.

IC 25-34.1-8-4
Quorum
     Sec. 4. (a) The board must have a quorum to transact business.
    (b) Four (4) members of the board constitute a quorum.
As added by P.L.186-1990, SEC.14.

IC 25-34.1-8-5
Majority vote
     Sec. 5. The affirmative vote of four (4) members of the board is required for the board to take action.
As added by P.L.186-1990, SEC.14.

IC 25-34.1-8-6
Repealed
    (Repealed by P.L.57-2007, SEC.9.)

IC 25-34.1-8-6.5
Recommendations to commission; implementation and operation of program; fee; rules
     Sec. 6.5. The board shall submit recommendations to the commission concerning the following:
        (1) Implementation and operation of the real estate appraiser licensure and certification program under IC 25-34.1-3-8.
        (2) Rules governing real estate appraisers licensed and certified under IC 25-34.1-3-8.
        (3) Establishing a fee in an amount necessary to fund the investigative fund established by section 7.5 of this chapter but not more than twenty dollars ($20).
        (4) Rules governing the administration of the investigative fund established by section 7.5 of this chapter.
As added by P.L.57-2007, SEC.5.

IC 25-34.1-8-7
Approval of applications; issuance of licenses and certificates
     Sec. 7. The board shall do the following:
        (1) Approve and disapprove applications for licensure and certification.
        (2) Issue licenses and certificates.
As added by P.L.186-1990, SEC.14. Amended by P.L.183-1991, SEC.13.

IC 25-34.1-8-7.5
Investigative fund; administration by attorney general and professional licensing agency
     Sec. 7.5. (a) The investigative fund is established to provide funds for administering and enforcing the provisions of this article, including investigating and taking enforcement action against real estate fraud and real estate appraisal fraud. The fund shall be administered by the attorney general and the professional licensing agency.

    (b) The expenses of administering the fund shall be paid from the money in the fund. The fund consists of 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.
    (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.
As added by P.L.145-2003, SEC.12. Amended by P.L.87-2006, SEC.6; P.L.57-2007, SEC.6.

IC 25-34.1-8-7.7
Memorandum of understanding
     Sec. 7.7. (a) The attorney general and the licensing agency shall enter into a memorandum of understanding to administer and enforce this article.
    (b) The attorney general and the licensing agency shall present the memorandum of understanding annually to the commission for review.
As added by P.L.87-2006, SEC.7.

IC 25-34.1-8-8
Repealed
     (Repealed by P.L.183-1991, SEC.19.)

IC 25-34.1-8-9
Per diem; travel and other expenses
     Sec. 9. Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Each member of the board is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the budget agency.
As added by P.L.186-1990, SEC.14. Amended by P.L.3-2008, SEC.203.


IC 25-34.1-8-10
Qualification of applicants; criminal background checks; evidence of compliance
     Sec. 10. (a) To be licensed or certified as a real estate appraiser, an individual must meet the following conditions:
        (1) Not have a conviction for any of the following:
            (A) An act that would constitute a ground for disciplinary sanction under IC 25-1-11.
            (B) A crime that has a direct bearing on the individual's ability to practice competently.
            (C) Fraud or material deception in the course of professional services or activities.
            (D) A crime that indicates the individual has the propensity to endanger the public.
        (2) Have satisfied the requirements established under IC 25-34.1-3-8(f).
    (b) After December 31, 2008, the board shall require each applicant for initial licensure or certification under this chapter to submit fingerprints for a national criminal history background check (as defined in IC 10-13-3-12) by the Federal Bureau of Investigation, for use by the board in determining whether the applicant should be denied licensure or certification under this chapter for any reason set forth in subsection (a)(1). The applicant shall pay any fees or costs associated with the fingerprints and background check required under this subsection. The board may not release the results of a background check described in this subsection to any private entity.
    (c) The board may request evidence of compliance with this section in accordance with subsection (d). Evidence of compliance with this section may include any of the following:
        (1) Subject to subsections (b) and (d)(2), criminal background checks, including a national criminal history background check (as defined in IC 10-13-3-12) by the Federal Bureau of Investigation.
        (2) Credit histories.
        (3) Other background checks considered necessary by the board.
    (d) The board may request evidence of compliance with this section at any of the following times:
        (1) The time of application for an initial license or certificate.
        (2) The time of renewal of a license or certificate.
        (3) Any other time considered necessary by the board.
    (e) The commission, upon recommendation of the board, shall adopt rules under IC 4-22-2 to implement this section.
As added by P.L.183-1991, SEC.14. Amended by P.L.214-1993, SEC.85; P.L.182-1996, SEC.3; P.L.145-2008, SEC.30.

IC 25-34.1-8-11
Repealed
     (Repealed by P.L.214-1993, SEC.91.)

IC 25-34.1-8-12
Real estate appraisal practice or education without license or certification; injunctions; enforcement
     Sec. 12. (a) A person who:
        (1) performs:
            (A) the acts of a licensed real estate appraiser without a license; or
            (B) the acts of a certified real estate appraiser without a certificate; or
        (2) conducts or solicits or accepts enrollment of students for a course without course approval as required by section 13 of this chapter;
commits a Class B infraction. When a judgment is entered for an offense under this section, the court shall add to any fine imposed the amount of any fee or other compensation earned in the commission of the offense. Each transaction constitutes a separate offense.
    (b) In all actions for the collection of a fee or other compensation for performing acts regulated by this article, a party seeking relief must allege and prove that at the time the cause of action arose the party was not in violation of this section.
    (c) 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 of Indiana to enjoin a person from violating this section.
    (d) In charging any person in a complaint for a judgment or an injunction for the violation of this section, it is sufficient, without averring any further or more particular facts, to charge that the person upon a certain day and in a certain county:
        (1) acted as:
            (A) a certified real estate appraiser without a certificate; or
            (B) a licensed real estate appraiser without a license; or
        (2) conducted, or solicited or accepted enrollment of students for a real estate appraiser course without course approval.
    (e) Each enforcement procedure established in this section is supplemental to other enforcement procedures established in this section.
As added by P.L.183-1991, SEC.16. Amended by P.L.57-2007, SEC.7; P.L.3-2008, SEC.204.

IC 25-34.1-8-13
Real estate appraiser courses; approval
     Sec. 13. A person may not conduct, solicit, or accept student enrollment for a real estate appraiser course represented as satisfying the requirements of the board without approval of the course by the Appraiser Qualifications Board, under the regulatory oversight of the Appraisal Subcommittee established under Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.).
As added by P.L.183-1991, SEC.17. Amended by P.L.57-2007, SEC.8.


IC 25-34.1-8-14
Repealed
     (Repealed by P.L.57-2007, SEC.9.)

IC 25-34.1-8-15
Use of investigative fund
     Sec. 15. The office of the attorney general and the professional licensing agency may use the investigative fund established by section 7.5 of this chapter to hire investigators and other employees to administer and enforce the provisions of this article and to investigate and prosecute real estate fraud and real estate appraisal fraud.
As added by P.L.145-2003, SEC.13.

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