CHAPTER 400g
REAL ESTATE APPRAISERS
AND APPRAISAL MANAGEMENT COMPANIES

      Sec. 20-500. Definitions. As used in sections 20-500 to 20-529e, inclusive, unless the context otherwise requires:

      (1) "Appraisal" means the practice of developing an opinion of the value of real property, in conformance with the USPAP.

      (2) "Appraisal Foundation" means the not-for-profit corporation referred to in Section 1121 of Title XI of FIRREA.

      (3) "Appraisal management company" means any person, partnership, association, limited liability company or corporation that performs appraisal management services. "Appraisal management company" does not include:

      (A) An appraiser that enters into a written or oral agreement with another appraiser for the performance of an appraisal, which is signed by both appraisers upon completion;

      (B) An appraisal management company that (i) is wholly owned by a financial institution subject to regulation by an agency or department of the United States government or an agency of this state, and (ii) only receives appraisal requests from an employee of such financial institution. For the purposes of this subdivision, "financial institution" means a bank, as defined in section 36a-2, an out-of-state bank, as defined in section 36a-2, an institutional lender, any subsidiary or affiliate of such bank, out-of-state bank or institutional lender, or other lender licensed by the Department of Banking;

      (C) A department or unit of a financial institution subject to regulation by an agency or department of the United States government or an agency of this state that only receives appraisal requests from an employee of such financial institution; or

      (D) Any local, state or federal agency or department thereof.

      (4) "Appraisal management services" means any of the following:

      (A) The administration of an appraiser panel;

      (B) The recruitment of certified or licensed appraisers to be part of an appraiser panel, including, but not limited to, the negotiation of fees to be paid to, and services to be provided by, such appraisers for their participation on such panel; or

      (C) The receipt of an appraisal request or order and the delivery of such request or order to an appraiser panel.

      (5) "Appraiser panel" means a network of appraisers who are certified or licensed in accordance with the requirements established by the commission by regulation, who are independent contractors of an appraisal management company and who have:

      (A) Responded to an invitation, request or solicitation from an appraisal management company to perform appraisals (i) requested or ordered through such company, or (ii) directly for such company on a periodic basis as assigned by the company; and

      (B) Been selected and approved by such company.

      (6) "Certified appraiser" means a person who has satisfied the minimum requirements for a category of certification established by the commission by regulation. Such minimum requirements shall be consistent with guidelines established by the Appraisal Qualification Board of the Appraisal Foundation. The categories of certification shall include, but may be modified by the commission thereafter, one category denoted as "certified residential appraiser" and another denoted as "certified general appraiser".

      (7) "Limited appraiser" means a person who held a real estate appraisal license as of January 1, 1991, and has satisfied the minimum requirements for a license as a limited appraiser as established by the commission by regulation. The categories of limited appraisal shall include one category denoted as "limited residential appraiser" and another denoted as "limited general appraiser".

      (8) "Commission" means the Connecticut Real Estate Appraisal Commission appointed under the provisions of section 20-502.

      (9) "Commissioner" means the Commissioner of Consumer Protection.

      (10) "Compliance manager" means a person who holds an appraiser license or certificate in at least one state and who is responsible for overseeing the implementation of, and compliance with, procedures for an appraisal management company to:

      (A) Verify that a person being added to the appraiser panel of the company holds a license in good standing in accordance with section 20-509;

      (B) Maintain detailed records of each appraisal request or order the company receives and of the appraiser who performs such appraisal; and

      (C) Review on a periodic basis the work of all appraisers performing appraisals for the company to ensure that such appraisals are being conducted in accordance with the USPAP.

      (11) "Controlling person" means a person who has not had an appraiser license or certificate denied, refused to be renewed, suspended or revoked in any state and who:

      (A) Is an owner, officer or director of a partnership, association, limited liability company or corporation offering or seeking to offer appraisal management services in this state;

      (B) Is employed by an appraisal management company and has the authority to enter into contracts or agreements for the performance of appraisal management services or appraisals, or is appointed or authorized by such company to enter into such contracts or agreements; or

      (C) May exercise authority over or direct the management or policies of an appraisal management company.

      (12) "Engaging in the real estate appraisal business" means the act or process of estimating the value of real estate for a fee or other valuable consideration.

      (13) "FIRREA" means the Financial Institutions, Reform, Recovery and Enforcement Act of 1989, P.L. 101-73, 103 Stat. 183.

      (14) "Licensed appraiser" means a person who has satisfied the minimum requirements for a category of licensing, other than licensed limited appraiser, established by the commission by regulation. Such minimum requirements may be consistent with guidelines established by the Appraisal Qualification Board of the Appraisal Foundation. The categories of licensing shall include, but may be modified by the commission thereafter, one category denoted as "licensed residential appraiser" and another denoted as "licensed general appraiser".

      (15) "Person" means any individual.

      (16) "Provisional appraiser" means a person engaged in the business of estimating the value of real estate for a fee or other valuable consideration under the supervision of a licensed or certified real estate appraiser and who meets the minimum requirements, if any, established by the commission by regulation for provisional appraiser status.

      (17) "Real estate appraiser" or "appraiser" means a person engaged in the business of estimating the value of real estate for a fee or other valuable consideration.

      (18) "USPAP" means the Uniform Standards of Professional Appraisal Practice as developed by the Appraisal Foundation.

      (P.A. 93-354, S. 25, 54; P.A. 94-36, S. 41, 42; P.A. 95-79, S. 71, 189; P.A. 98-10, S. 67; P.A. 00-192, S. 54, 102; P.A. 10-77, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; P.A. 98-10 deleted former Subdiv. (6) as obsolete, renumbered former Subdivs. (7) to (11) as Subdivs. (6) to (10) and made other technical changes; P.A. 00-192 amended Subdivs. (3) and (7) by changing "tenured appraiser" to "limited appraiser" and amended Subdiv. (8) to delete partnership, association, limited liability company or corporation from the definition of "person", effective May 26, 2000 (Revisor's note: In P.A. 00-192, S. 54, an opening bracket following an underscored period appeared in Subdiv. (8) without a corresponding closing bracket. After research, it is the opinion of the Revisors that the General Assembly intended to delete the phrase ", partnership, association, limited liability company or corporation." from Subdiv. (8) while retaining all of the text of Subdivs. (9) and (10)); P.A. 10-77 applied definitions to Secs. 20-529 to 20-529e, defined "appraisal", "appraisal management company", "appraisal management services", "appraiser panel", "commissioner", "compliance manager", "controlling person" and "USPAP" in new Subdivs. (1), (3) to (5), (9) to (11) and (18), respectively, and redesignated existing Subdivs. (1) to (10) as Subdivs. (2), (6) to (8) and (12) to (17), respectively (Revisor's note: In 2011, a reference to "Banking Department" in Subdiv. (3)(B) was changed editorially by the Revisors to "Department of Banking" for accuracy).

      Court did not improperly allow testimony of expert witness who was not a real estate appraiser, as defined in Subdiv. (10), and testifying as to the value of property or diminution in value of property did not constitute "engaging in the real estate appraisal business" under Subdiv. (5). 121 CA 105.

      Sec. 20-501. Licensing and certification. Expiration of certain licenses. (a) No person shall act as a real estate appraiser or provisional appraiser or engage in the real estate appraisal business without the appropriate certification, license, limited license or provisional license issued by the commission, unless exempted by the provisions of sections 20-500 to 20-528, inclusive.

      (b) No person licensed as a limited appraiser shall perform an appraisal in connection with a federally related transaction, as defined in FIRREA. Notwithstanding any provision of this chapter: (1) Limited appraiser licenses and renewals of such limited appraiser licenses issued pursuant to this chapter shall expire no later than September 30, 2006; and (2) no limited appraiser licenses shall be issued or renewed on or after October 1, 2006.

      (c) Notwithstanding any provision of this chapter: (1) Licenses and renewals for licensed appraisers issued pursuant to this chapter shall expire no later than September 30, 2003; and (2) no such license shall be issued or renewed on or after October 1, 2003.

      (P.A. 93-354, S. 26, 54; P.A. 94-36, S. 41, 42; P.A. 00-192, S. 55, 102; P.A. 01-100, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 00-192 amended Subsec. (a) to replace reference to "tenured license" with reference to "limited license", and replaced former Subsec. (b) which had authorized partnerships, associations or corporation to be granted certification or license to engage in real estate appraisal business with new Subsec. (b) re limited appraiser licenses, effective May 26, 2000; P.A. 01-100 amended Subsec. (b) to add provision re notwithstanding any provision of chapter and make technical change, and added Subsec. (c) re expiration, issuance and renewal of licenses for licensed appraisers.

      Section is a licensing statute and does not preclude witness from testifying as to his opinion of the diminution in value of plaintiff's property where trial court found that witness's education, training and experience qualified him to testify as an expert and defendant pointed to no evidence showing that witness was engaged in the business of real estate appraising. 49 CA 781.

      Sec. 20-502. Real Estate Appraisal Commission. (a) There is created in the Department of Consumer Protection the Connecticut Real Estate Appraisal Commission.

      (b) The commission shall consist of eight persons, electors of the state, appointed by the Governor. Five of the members shall be certified appraisers. Three of the members shall be public members. Not more than a bare majority of the commission shall be members of the same political party and there shall be at least one member from each congressional district.

      (c) The members of the commission shall serve until the expiration of the term for which they were appointed and until their successors have qualified. Members shall not be compensated for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties. The Governor may remove any commissioner for cause upon notice and an opportunity to be heard. Upon the death, resignation or removal of a member, the Governor shall appoint a successor to serve for the unexpired portion of the vacated term and until such successor's successor is appointed and qualifies. Each member shall, before entering upon such member's duties, take and file with the commission, an oath faithfully to perform the duties of such member's office.

      (P.A. 93-354, S. 27, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 68; P.A. 00-192, S. 56, 102; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made a technical change in Subsec. (b); P.A. 00-192 made technical changes for the purposes of gender neutrality, effective May 26, 2000; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      See title 2c re termination under "Sunset Law".

      See Sec. 4-9a for definition of "public member".

      Sec. 20-503. Duties of the Real Estate Appraisal Commission. (a) Within thirty days after the appointment of the members of the commission, the commission shall meet in the city of Hartford for the purpose of organizing by selecting such officers other than a chairman as the commission may deem necessary and appropriate. A majority of the members of the commission shall constitute a quorum for the exercise of the powers or authority conferred upon it.

      (b) (1) The commission shall authorize the Department of Consumer Protection to issue certification, licenses, limited licenses and provisional licenses to real estate appraisers.

      (2) The commission shall administer the provisions of sections 20-500 to 20-528, inclusive, as to certification, licensing, limited licensing, provisional licensing and issuance, renewal, suspension or revocation of certifications, licenses, limited licenses and licenses concerning the real estate appraisal business.

      (c) The commission shall be provided with the necessary office space in Hartford by the Commissioner of Public Works and the commission and all files, records and property of the commission shall at all times be and remain therein, except that inactive files shall be stored at a location designated by the commission.

      (d) The commission shall hold meetings and hearings in Hartford, in space provided by the Commissioner of Administrative Services, or at such places outside of Hartford as shall be determined by the chairman of the commission. The commission shall meet at least once in each three months' period and may meet more often on call of its chairman. The chairman of the commission shall call a meeting of the commission whenever requested to do so by a majority of the members of the commission.

      (e) The commission shall vote on all matters requiring a decision and votes shall be recorded in the commission's minutes.

      (P.A. 93-354, S. 28, 54; P.A. 94-36, S. 41, 42; P.A. 00-192, S. 57, 102; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 00-192 amended Subsec. (b) to replace references to "tenured licenses" with references to "limited licenses", effective May 26, 2000; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-504. Regulations. The Commissioner of Consumer Protection, with advice and assistance from the commission, may adopt such reasonable regulations, in accordance with chapter 54, as the commissioner deems necessary to carry out the provisions of sections 20-500 to 20-528, inclusive. Such regulations shall, at a minimum, address real estate appraiser qualifications, continuing education, discipline, real estate appraiser certification, licensing, limited licensing and provisional licensing applications and renewals and shall require any real estate appraiser to comply with generally accepted standards of professional appraisal practice as described in the Uniform Standards of Professional Appraisal Practice issued by the Appraisal Standards Board of the Appraisal Foundation pursuant to Title XI of FIRREA. The regulations shall further require (1) any real estate appraiser who wishes to enter in or upon any premises not the subject of appraisal for purposes of estimating the value of comparable real estate to (A) obtain the permission of the owner or occupier of the premises, and (B) identify himself or herself as an appraiser, and (2) that a limited appraiser shall in any written statement, including contracts, stationary and business cards, state that such limited appraiser shall not perform an appraisal in connection with a federally related transaction, as defined in FIRREA.

      (P.A. 93-354, S. 29, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 69; P.A. 00-192, S. 58, 102; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made a technical change; P.A. 00-192 replaced reference to "tenured licensing" with reference to "limited licensing", added provisions requiring limited appraiser to state, in any written statement, the limited appraiser's inability to perform federally related transactions and made technical changes, effective May 26, 2000; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-505. Bond for the chairperson. The chairperson of the commission shall be bonded under the provisions of section 4-20, in such sum as the State Insurance and Risk Management Board may prescribe, with the condition that the chairperson faithfully perform the duties of the office and account for all funds received pursuant to the office.

      (P.A. 93-354, S. 30, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 70; P.A. 99-51, S. 8, 9; 99-145, S. 21, 23; P.A. 00-192, S. 59, 102.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes; P.A. 99-51 substituted "State Insurance and Risk Management Board" for "State Insurance Purchasing Board", substituted "chairperson" for "chairman" and substituted "the office" for "his office" and "such office", effective May 27, 1999; P.A. 99-145 substituted "State Insurance and Risk Management Board" for "State Insurance Purchasing Board", effective June 8, 1999; P.A. 00-192 contained section but made no change.

      Sec. 20-506. Deposit of fees. The commission shall deposit all moneys received by it from fees in accordance with the provisions of sections 20-500 to 20-528, inclusive, with the State Treasurer, and, unless otherwise provided by said sections, they shall become part of the General Fund.

      (P.A. 93-354, S. 31, 54; P.A. 94-36, S. 41, 42.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section.

      Sec. 20-507. Licensed or certified real estate appraiser not deemed "employee" under section 31-275. A certified, licensed, limited or provisional appraiser shall not be considered an employee under the provisions of section 31-275 if substantially all of the remuneration for the services performed by such appraiser, whether paid in cash or otherwise, is directly related to sales or other output rather than to the number of hours worked, and such services are performed by the appraiser pursuant to a written contract that contains the following provisions: (1) The appraiser, for purposes of workers' compensation, is engaged as an independent contractor associated with the person for whom services are performed; (2) the appraiser shall not receive any remuneration related to the number of hours worked, and shall not be treated as an employee with respect to such services for purposes of workers' compensation; (3) the appraiser shall be permitted to work any hours the appraiser chooses; (4) the appraiser shall be permitted to work out of the appraiser's own home or the office of the person for whom services are performed; (5) the appraiser shall be free to engage in outside employment; (6) the person for whom the services are performed may provide office facilities and supplies for the use of the appraiser, but the appraiser shall otherwise pay the appraiser's own expenses, including, but not limited to, automobile, travel and entertainment expenses; and (7) the contract may be terminated by either party at any time upon notice given to the other.

      (P.A. 93-354, S. 32, 54; P.A. 94-36, S. 41, 42; P.A. 00-192, S. 60, 102.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 00-192 replaced reference to "tenured appraiser" with reference to "limited appraiser" and made technical changes for the purposes of gender neutrality, effective May 26, 2000.

      Sec. 20-508. Application for license or certification. Any person possessing the qualifications prescribed in sections 20-500 to 20-528, inclusive, and in any regulations adopted in conformity with said sections, who desires to engage in the real estate appraisal business shall make application to the commission, in writing, as provided in section 20-509, for the specific certification, license, limited license or provisional license desired.

      (P.A. 93-354, S. 33, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 71; P.A. 00-192, S. 61, 102.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes; P.A. 00-192 replaced reference to "tenured license" with reference to "limited license", effective May 26, 2000.

      Sec. 20-509. Certifications, licenses, limited licenses and provisional licenses. Issuance, when. Renewals. Competency. Application fees. Examination. (a) Certifications, licenses, limited licenses and provisional licenses under sections 20-500 to 20-528, inclusive, shall be granted only to persons who bear a good reputation for honesty, truthfulness and fair dealing and who are competent to transact the business of a real estate appraiser in such manner as to safeguard the interests of the public.

      (b) Each application for a certification, license, limited license or provisional license under said sections, or for a renewal thereof, shall be made in writing, on such forms and in such manner as is prescribed by the Department of Consumer Protection and accompanied by such evidence in support of such application as is prescribed by the commission. The commission may require such information with regard to an applicant as the commission deems desirable, with due regard to the paramount interests of the public, as to the honesty, truthfulness, integrity and competency of the applicant.

      (c) Fees for applications under this section shall be paid to the commission as follows: Forty-five dollars for certification; forty dollars for licensing; forty dollars for limited licensing and forty dollars for provisional licensing. The payment of an application fee shall entitle an applicant who otherwise meets the appropriate requirements established by the commission to take the appropriate written examination, where applicable, four times within the one-year period from the date of payment. In addition to the application fee, applicants taking an examination administered by a national testing service shall be required to pay directly to such testing service an examination fee covering the cost of such examination.

      (P.A. 93-354, S. 34, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 72; P.A. 00-192, S. 62, 102; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes; P.A. 00-192 replaced references to "tenured license" with references to "limited license", amended Subsec. (b) to delete provisions re licensing of corporation, association or partnership and amended Subsec. (c) to reduce application fee for certification from $60 to $45, effective May 26, 2000; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-510. Competency of applicant. Examination. In order to determine the competency of any applicant for a real estate appraiser's certification or license, the commission shall, and, in the case of an applicant for a provisional license, may subject such applicant to personal written examination as to the applicant's competency to act as a real estate appraiser. Such examination shall be prepared by the Department of Consumer Protection or by a national testing service designated by the Commissioner of Consumer Protection, shall be administered to applicants by the Department of Consumer Protection or by such testing service at such times and places as the commissioner may deem necessary and shall be consistent with guidelines established by the Appraisal Qualification Board of the Appraisal Foundation. The commission may waive the written examination requirement in the case of an applicant who, in the opinion of the commission, has taken an equivalent written examination in another state and has received a score deemed satisfactory by the commission.

      (P.A. 93-354, S. 35, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 73; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-511. Minimum requirements for certification, license, limited license and provisional license. Fees. (a) In order to obtain a certification, license, limited license or provisional license, persons who have met, to the satisfaction of the commission, the minimum requirements established by the commission for such certification, license, limited license or provisional license, shall pay to the commission, in addition to the application fee described in subsection (c) of section 20-509, an initial fee of: Three hundred seventy-five dollars, in the case of certified appraisers; two hundred eighty-five dollars, in the case of licensed appraisers and limited licensed appraisers; and one hundred dollars, in the case of provisional appraisers.

      (b) All certifications, licenses, limited licenses and provisional licenses issued under the provisions of sections 20-500 to 20-528, inclusive, shall expire annually and be subject to renewal. The renewal fee for certifications, licenses, limited licenses and provisional licenses, to be paid to the commission, shall be: Two hundred eighty-five dollars in the case of certified appraisers; two hundred eighty-five dollars in the case of licensed and limited licensed appraisers; and one hundred dollars, in the case of provisional appraisers.

      (c) In order for the commission to comply with federal law and transmit a roster of real estate appraisers to the appropriate federal regulatory entity, real estate appraisers shall pay to the Commissioner of Consumer Protection, in addition to application and recordation fees, an annual registry fee established by the commission.

      (d) Any certification, license, limited license or provisional license which expires pursuant to this subsection may be reinstated by the commission, if, not later than two years after the date of expiration, the former certification holder, licensee, limited licensee or provisional licensee pays to the commission for each certification the sum of two hundred twenty-five dollars, for each license or limited license the sum of two hundred twenty-five dollars and for each provisional license the sum of fifty dollars for each year or fraction thereof from the date of expiration of the previous certification, license, limited license or provisional license to the date of payment for reinstatement, except that any certified, licensed, limited licensed or provisionally licensed appraiser whose certification, license, limited license or provisional license expired after entering military service shall be reinstated without payment of any fee if an application for reinstatement is filed with the commission within two years after the date of expiration. Any such reinstated certification, license, limited license or provisional license shall expire annually. Any such reinstated certification, license, limited license or provisional license shall be subject to an annual renewal thereafter.

      (e) Any person whose application has been filed as provided in this section and section 20-509 who is refused a certification, license, limited license or provisional license shall be given notice and afforded an opportunity for hearing as provided in the regulations adopted by the Commissioner of Consumer Protection.

      (P.A. 93-354, S. 36, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 74; P.A. 00-192, S. 63, 102; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 269.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes; P.A. 00-192 replaced references to "tenured license" with references to "limited license", amended Subsec. (a) to reduce initial fee for certified appraisers from $450 to $300, amended Subsec. (b) to change expiration date from April thirtieth of each year to annually and to reduce renewal fee for certified appraisers from $300 to $225, and amended Subsec. (d) to reduce reinstatement fee for certification from $300 to $225, to change expiration date from next succeeding April thirtieth to annually and to make a technical change for the purpose of gender neutrality, effective May 26, 2000; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; June Sp. Sess. P.A. 09-3 amended Subsecs. (a) and (b) to increase fees.

      Sec. 20-512. Regulations concerning approval of schools. Exemption from experience requirement. The Commissioner of Consumer Protection, with the advice and assistance of the commission, may adopt such reasonable regulations, in accordance with chapter 54, as the commissioner may deem necessary relating to the approval of schools offering courses in real estate appraisal principles and practice and related subjects, the content of such courses or programs and the advertising to the public of the services of such schools. Such regulations shall not require approval of instructors at such schools.

      (P.A. 93-354, S. 37, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 75; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-513. Validity of license and certification. Any person holding a certification, license, limited license or provisional license under sections 20-500 to 20-528, inclusive, shall be permitted to perform the work covered by such certification, license, limited license or provisional license in any municipality of this state without further examination or the imposition of any additional requirements by such municipality.

      (P.A. 93-354, S. 38, 54; P.A. 94-36, S. 41, 42; P.A. 00-192, S. 64, 102.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 00-192 replaced references to "tenured license" with references to "limited license", effective May 26, 2000.

      Sec. 20-514. Grounds for refusal of license or certification. (a) No certification, license, limited license or provisional license, as the case may be, shall be denied by the commission under sections 20-500 to 20-528, inclusive, to any applicant who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud, or other like offense or offenses, or to any association or partnership of which such person is a member, or to any corporation of which such person is an officer or in which as a stockholder such person has or exercises a controlling interest either directly or indirectly except in accordance with the provisions of section 46a-80.

      (b) No certification, license, limited license or provisional license, as the case may be, shall be issued by the Department of Consumer Protection under sections 20-500 to 20-528, inclusive, to any applicant (1) whose application for a certification, license, limited license or provisional license, as the case may be, has, within one year prior to the date of the applicant's application, been rejected in this state, in any other state or in the District of Columbia or (2) whose certification, license, limited license or provisional license, as the case may be, has, within one year prior to the date of the applicant's application, been revoked in this state, in any other state or in the District of Columbia.

      (c) No certification, license, limited license or provisional license, as the case may be, shall be issued under sections 20-500 to 20-528, inclusive, to any person who has not attained the age of eighteen years.

      (P.A. 93-354, S. 39, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 76; P.A. 00-192, S. 65, 102; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes; P.A. 00-192 replaced references to "tenured license" with references to "limited license" and made technical changes in Subsec. (b) for the purposes of gender neutrality, effective May 26, 2000; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-515. Persons certified, licensed or provisionally licensed in another state. Requirements for Connecticut certification, license or provisional license. Consent to suits and actions. Fees. Regulations. (a) A person who is licensed in another state as a real estate appraiser may become a real estate appraiser in this state by conforming to all of the provisions of sections 20-500 to 20-528, inclusive. The commission shall recognize a current, valid certification, license or provisional license, as the case may be, issued to a currently practicing, competent real estate appraiser by another state as satisfactorily qualifying such appraiser for a certification, license or provisional license, as the case may be, as a real estate appraiser under said sections, provided: (1) The laws of the state in which such appraiser is licensed allow certifications, licenses or provisional licenses, as the case may be, to be issued to a resident of this state, without examination, who is certified, licensed or provisionally licensed, as the case may be, under said sections 20-500 to 20-528, inclusive, and (2) the certification, licensing and provisional licensing requirements of the state in which such appraiser is licensed are substantially similar to or higher than those of this state, including establishment of competency by written examination in the case of licensed and certified appraisers, and such appraiser has no disciplinary proceeding or unresolved complaint pending against such appraiser. If the applicant is licensed in a state that does not have such requirements, such applicant shall be certified, licensed or provisionally licensed by a state in accordance with Section 1116 of Title XI of FIRREA.

      (b) Every applicant who is licensed in another state shall file an irrevocable consent that suits and actions may be commenced against such applicant in the proper court in any judicial district of the state in which a cause of action may arise or in which the plaintiff may reside, by the service of any process or pleading, authorized by the laws of this state, on the chairperson of the commission, such consent stipulating and agreeing that such service of such process or pleading shall be taken and held in all courts to be as valid and binding as if service had been made upon such applicant in this state. If any process or pleadings mentioned in this chapter are served upon the chairperson of the commission, it shall be by duplicate copies, one of which shall be filed in the office of the commission, and the other immediately forwarded by registered or certified mail, to the applicant against whom such process or pleadings are directed, at the last-known address of such applicant as shown by the records of the commission. No default in any such proceedings or action shall be taken unless it appears by affidavit of the chairperson of the commission that a copy of the process or pleading was mailed to the defendant as required in this subsection, and no judgment by default shall be taken in any such action or proceeding within twenty days after the date of mailing of such process or pleading to the out-of-state defendant.

      (c) The Commissioner of Consumer Protection, with the advice and assistance of the commission, pursuant to Section 1122(a) of Title XI of FIRREA, shall adopt regulations, in accordance with chapter 54, as the commissioner deems necessary to effectuate certification, licensing and provisional licensing of persons who are licensed in other states as appraisers. Such certification, licensing and provisional licensing shall be recognized on a temporary basis in this state. The fee for a temporary certification, license or provisional license shall be one hundred dollars. The temporary certification, license or provisional license shall be effective for one hundred eighty days from issuance and may be extended for one additional period not to exceed one hundred eighty days for no additional fee.

      (P.A. 93-354, S. 40, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 77; P.A. 00-192, S. 66, 102; P.A. 01-100, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes; P.A. 00-192 amended Subsec. (a) to make technical changes for the purposes of gender neutrality, and amended Subsec. (c) to reduce fee for temporary certification or license from $150 to $100, increase effective period of temporary certification or license from 90 to 180 days, add provision that temporary certification or license may be extended for up to 180 days for no additional fee and delete provision that temporary certification or license is effective for only one appraisal assignment, effective May 26, 2000; P.A. 01-100 replaced references to nonresidents with references to persons licensed in another state throughout, reorganized Subsec. (a), substituted "shall adopt regulations" for "shall adopt such reasonable regulations" in Subsec. (c) and made technical changes, including changes for the purpose of gender neutrality; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-516. Evidence of real estate appraiser status. Fee. (a) The Department of Consumer Protection shall issue to each certified, licensed, limited licensed and provisional appraiser, a certificate, in such size and form as it determines, evidencing the real estate appraiser's status.

      (b) A fee of twenty-five dollars shall be paid to the commission for the issuance of a proof of certification, licensing, limited licensing or provisional licensing or a duplicate certification, license, limited license or provisional license certificate.

      (P.A. 93-354, S. 41, 54; P.A. 94-36, S. 41, 42; P.A. 00-192, S. 67, 102; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 00-192 replaced references to "tenured license" with references to "limited license", effective May 26, 2000; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-517. Renewals. Continuing education requirements. Regulations. Certification. (a) There is hereby established an annual renewal certification, license, limited license and provisional license to be issued by the Department of Consumer Protection.

      (b) The commission shall authorize the Department of Consumer Protection to issue a renewal certification, license, limited license or provisional license, as the case may be, to any applicant who possesses the qualifications specified and otherwise has complied with the provisions of sections 20-500 to 20-528, inclusive, and any regulation adopted in conformity with said sections.

      (c) Persons certified, licensed, limited licensed or provisionally licensed in accordance with the provisions of sections 20-500 to 20-528, inclusive, shall fulfill a continuing education requirement. Applicants for an annual renewal certification, license, limited license or provisional license shall, in addition to the other requirements imposed by the provisions of said sections, biennially within any even-numbered year submit proof of compliance with the continuing education requirements of this subsection, if any, to the commission, accompanied by a sixteen-dollar processing fee.

      (d) The continuing education requirements for certified, licensed, limited licensed, or provisionally licensed appraisers shall be satisfied by successful completion of the required number of hours of classroom study, during the two-year period preceding such renewal of certification, license, limited license or provisional license as provided by the commission or standards of the Appraiser Qualification Board of the Appraisal Foundation, as the case may be.

      (e) If the commission refuses to grant a renewal certification, license, limited license or provisional license, the certificate holder, licensee, limited licensee or provisional licensee, upon written notice received as provided for in this chapter, may avail himself or herself of any of the remedies provided by sections 20-511 and 20-520.

      (f) The Commissioner of Consumer Protection, in consultation with the commission, shall adopt regulations in accordance with the provisions of chapter 54, concerning the approval of schools, institutions or organizations offering courses in current real estate or real estate appraisal practices and licensing laws and the content of such courses. Such regulations may include, but not be limited to: (1) Specifications for meeting equivalent continuing educational experience or study; (2) exceptions from continuing education requirements for reasons of health or instances of individual hardship.

      (P.A. 93-354, S. 42, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 78; P.A. 00-192, S. 68, 102; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 270.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made a technical change in Subsec. (b); P.A. 00-192 replaced references to "tenured license" with references to "limited license" in Subsecs. (a) to (e) and made a technical change in Subsec. (e) for the purpose of gender neutrality, effective May 26, 2000; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; June Sp. Sess. P.A. 09-3 amended Subsec. (c) to increase processing fee from $8 to $16.

      Sec. 20-518. Suspension or revocation of license or certification. Fines. The Department of Consumer Protection may, upon the request of the commission or upon the verified complaint in writing of any person, provided such complaint, or such complaint together with evidence, documentary or otherwise, represented in connection with such complaint, shall make out a prima facie case, investigate the actions of any real estate appraiser or any person who assumes to act in any of such capacities within this state. The commission shall have the power temporarily to suspend or permanently to revoke any certification, license, limited license or provisional license, as the case may be, issued under the provisions of sections 20-500 to 20-528, inclusive, and in addition to, or in lieu of, such suspension or revocation, may, in its discretion, impose a fine of not more than one thousand dollars for the first offense at any time when, after proceedings as provided in section 20-519, it finds that the certification holder, licensee, limited licensee or provisional licensee has by false or fraudulent misrepresentation obtained a certification, license, limited license or provisional license, as the case may be, or that the certification holder, licensee, limited licensee or provisional licensee is guilty of any of the following: (1) Making any material misrepresentation; (2) making any false promise of a character likely to influence, persuade or induce; (3) acting for more than one party in a transaction without the knowledge of all parties for whom he or she acts; (4) conviction in a court of competent jurisdiction of this or any other state of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, provided suspension or revocation under this subdivision shall be subject to the provisions of section 46a-80; (5) any act or conduct which constitutes dishonest, fraudulent or improper dealings; (6) a violation of any provision of sections 20-500 to 20-528, inclusive, or any regulation adopted under said sections.

      (P.A. 93-354, S. 43, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 79; P.A. 00-192, S. 69, 102; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes; P.A. 00-192 replaced references to "tenured license" with references to "limited license" and made a technical change in Subdiv. (3) for the purpose of gender neutrality, effective May 26, 2000; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-519. Notice and hearing. Before refusing, suspending or revoking any certification, license, limited license or provisional license, or imposing any fine, the commission shall give notice and afford an opportunity for hearing as provided in the regulations adopted by the Commissioner of Consumer Protection.

      (P.A. 93-354, S. 44, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 80; P.A. 00-192, S. 70, 102; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes; P.A. 00-192 replaced reference to "tenured license" with reference to "limited license", effective May 26, 2000; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-520. Appeal. Any person aggrieved by any decision or order of the commission may appeal in accordance with the provisions of section 4-183.

      (P.A. 93-354, S. 45, 54; P.A. 94-36, S. 41, 42.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section.

      Sec. 20-521. Revocation of license or certification upon conviction of crime. Any certification holder, licensee, limited licensee or provisional licensee convicted of a violation of any of the offenses enumerated in subdivision (4) of section 20-518 shall incur a forfeiture of his or her certification, license, limited license or provisional license and all moneys that may have been paid for such certification, license, limited license or provisional license. The clerk of any court in which such conviction has been rendered shall forward to the commission without charge a certified copy of such conviction. The commission, upon the receipt of a copy of the judgment of conviction, shall, not later than ten days after such receipt, notify the certification holder, licensee, limited licensee or provisional licensee, in writing, of the revocation of his or her certification, license, limited license or provisional license, as the case may be, which notice shall be conclusive of such revocation. Application for reinstatement of such certification, license, limited license or provisional license shall be subject to the provisions of section 46a-80.

      (P.A. 93-354, S. 46, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 81; P.A. 00-192, S. 71, 102.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes; P.A. 00-192 replaced references to "tenured license" with references to "limited license" and made technical changes for the purposes of gender neutrality, effective May 26, 2000.

      Sec. 20-522. Misrepresentation; penalty. Any person wilfully misrepresenting any fact required to be disclosed in any application or in any other form, paper or document required to be filed with the commission in connection with an application for a certification, license, tenured license or provisional license shall be fined not more than five hundred dollars or imprisoned not more than six months or both.

      (P.A. 93-354, S. 47, 54; P.A. 94-36, S. 41, 42.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section.

      Sec. 20-523. Engaging in business without license or certification. Misrepresentation. (a) Any person who engages in the real estate appraisal business without obtaining a certification, license, limited license or provisional license, as the case may be, as provided in sections 20-500 to 20-528, inclusive, shall be fined not more than one thousand dollars or imprisoned not more than six months or both, and shall be ineligible to obtain a certification, license, limited license or provisional license for one year from the date of conviction of such offense, except the commission, in its discretion, may grant a certification, license, limited license or provisional license, as the case may be, to such person within such one-year period upon application and after a hearing on such application.

      (b) No person who is not certified, licensed, limited licensed or provisionally licensed, as appropriate, by the commission as a real estate appraiser shall represent himself or herself as being so certified, licensed, limited licensed or provisionally licensed or use in connection with such person's name or place of business the term "real estate appraiser", "real estate appraisal", "certified appraiser", "certified appraisal", "residential appraiser", "residential appraisal", "limited licensed appraiser", "provisional appraiser" or "provisional appraisal" or any words, letters, abbreviations or insignia indicating or implying that such person is a certified, licensed, limited licensed or provisionally licensed, as appropriate, real estate appraiser in this state. Any person who violates the provisions of this subsection shall be fined not more than one thousand dollars or imprisoned not more than six months, or both.

      (P.A. 93-354, S. 48, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 82; P.A. 00-192, S. 72, 102.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes in Subsec. (a); P.A. 00-192 replaced references to "tenured license" with references to "limited license" and made technical changes in Subsec. (b) for the purposes of gender neutrality, effective May 26, 2000.

      Sec. 20-524. Report to Governor. The commission shall submit to the Governor, as provided in section 4-60, a report of its official acts under sections 20-500 to 20-528, inclusive. The commission shall keep a record of proceedings and orders pertaining to the matters under its jurisdiction and of certifications, licenses, limited licenses or provisional licenses granted, refused, suspended or revoked by it and of all reports sent to its office. The commission shall furnish without charge, for official use only, certified copies of certifications, licenses, limited licenses, provisional licenses and documents relating thereto, to officials of this state or any municipality in this state, to officials of any other state and to any court in this state. Any certified copy of any document or record of the commission, attested as a true copy by the chairman of the commission, shall be competent evidence in any court of this state of the facts contained in such document or record.

      (P.A. 93-354, S. 49, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 83; P.A. 00-192, S. 73, 102.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made technical changes; P.A. 00-192 replaced references to "tenured licenses" with references to "limited licenses", effective May 26, 2000.

      Sec. 20-525. Periodic publication of information and material. The Department of Consumer Protection, at the request of the commission, may periodically compile and publish a bulletin containing information and material relating to the commission, its functions and certifications, licenses, limited licenses, provisional licenses and other information and material relating to the real estate appraisal industry which might be of help and interest to certificate holders, licensees, limited licensees or provisional licensees in their service of the public. The commission may also request the department to publish such information and material in any established periodical published in the state if, in the opinion of the commission, such form of publication would ensure the widest dissemination of such information and material to certification holders, licensees, limited licensees and provisional licensees and the public.

      (P.A. 93-354, S. 50, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 84; P.A. 00-192, S. 74, 102; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 98-10 made a technical change; P.A. 00-192 replaced references to "tenured licenses" with references to "limited licenses", effective May 26, 2000; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-526. Exceptions. The provisions of sections 20-500 to 20-528, inclusive, concerning the certification, licensing, limited licensing or provisional licensing of real estate appraisers shall not apply to (1) any person under contract with a municipality who performs a revaluation of real estate for assessment purposes pursuant to section 12-62, and (2) any licensed real estate broker or real estate salesperson who estimates the value of real estate as part of a market analysis performed for the owner of the real estate or a designee of the owner, on such terms as may be agreed upon between such owner or the owner's designee and the real estate broker or real estate salesperson, for the purpose of (A) a prospective listing or sale of such real estate, (B) providing information to the seller or landlord under a listing agreement, or (C) providing information to a prospective buyer or tenant under a buyer or tenant agency agreement, provided such estimate of value shall not be referred to or be construed as an appraisal. If such owner executes a listing contract with the real estate broker or real estate salesperson who so estimated the value of the real estate for the sale of the real estate and such real estate contains any building or other structure, occupied or intended to be occupied by no more than four families, then such owner shall be credited against any compensation the owner pays on account of such listing contract for any fee paid by the owner for such estimate of value.

      (P.A. 93-354, S. 51, 54; P.A. 94-36, S. 41, 42; P.A. 96-200, S. 23; P.A. 98-123; P.A. 00-192, S. 75, 102; P.A. 03-101, S. 1.)

      History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 96-200 substituted "salesperson" for "salesman"; P.A. 98-123 amended Subdiv. (2) by designating existing language as Subpara. (A) and adding reference to sale of real estate, adding new Subpara. (B) re providing information to the seller or landlord, and adding new Subpara. (C) re providing information to a prospective buyer or tenant P.A. 00-192 replaced reference to "tenured licensing" with reference to "limited licensing", effective May 26, 2000; P.A. 03-101 amended Subdiv. (2) to include the owner of the real estate or designee, on terms agreed between the owner or designee and broker or salesperson, and to add provision requiring owner to be credited for any fee paid on account of a listing contract for an estimate of value on real estate that contains a building or other structure occupied or intended to be occupied by no more than four families.

      Sec. 20-527. Federal transactions. Section 20-527 is repealed.

      (P.A. 93-354, S. 52, 54; P.A. 94-36, S. 41, 42; P.A. 95-186, S. 3.)

      Sec. 20-528. Regulations. Effective date. (a) On or before May 1, 1994, the Department of Consumer Protection shall adopt regulations, in accordance with chapter 54, to implement the purposes of sections 20-311 to 20-311b, inclusive, 20-311d, 20-311e, 20-312, 20-312b to 20-314b, inclusive, 20-316, 20-317, 20-319, 20-320 to 20-324, inclusive, 20-325, 20-326, 20-327a to 20-329, inclusive, and 20-500 to 20-526, inclusive.

      (b) Sections 20-311 to 20-311b, inclusive, 20-311d, 20-311e, 20-312, 20-312b to 20-314b, inclusive, 20-316, 20-317, 20-319, 20-320 to 20-324, inclusive, 20-325, 20-326, 20-327a to 20-329, inclusive, and 20-500 to 20-526, inclusive, shall take effect on the effective date of regulations adopted pursuant to subsection (a) of this section.

      (P.A. 93-354, S. 53, 54; P.A. 94-36, S. 41, 42; P.A. 98-10, S. 85; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: P.A. 94-36 clarified effective date of P.A. 93-354, which was codified as Subsec. (b), but made no substantive change, effective January 1, 1995; (Revisor's note: In 1997 references to Sec. 20-527 were changed editorially by the Revisors to Sec. 20-526 to reflect the repeal of Sec. 20-527 by P.A. 95-186); P.A. 98-10 made a technical change in Subsec. (a); June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-529. Registration of appraisal management companies. Fees. (a) No appraisal management company shall (1) engage or attempt to engage in business as an appraisal management company in this state; (2) perform or attempt to perform appraisal management services in this state; or (3) advertise or hold itself out as engaging in business as an appraisal management company in this state without first registering with the Department of Consumer Protection.

      (b) Each appraisal management company shall apply to the Commissioner of Consumer Protection, in writing, on a form provided by the commissioner. The application shall include (1) the company's name, business address and telephone number; (2) if such company is domiciled in another state, the name, address and telephone number of the company's agent for service of process in this state, and the Uniform Consent to Service of Process form to be completed by the company; (3) the name, address and telephone number of any person or business entity owning ten per cent or more of an equity interest, or the equivalent, of the company; (4) a certification by the company that no person or business entity named in subdivision (3) of this subsection has had an appraiser license or certificate denied, refused to be renewed, suspended or revoked in any state; (5) the name, address and telephone number of a controlling person of the company who will serve as the main contact for communications between the commissioner and the appraisal management company; (6) the name, address and telephone number of a compliance manager of the company; and (7) any other information the commissioner may require. Each such application shall be accompanied by a fee of one thousand dollars.

      (c) Before issuing or renewing a certificate of registration, the commissioner may:

      (1) Certify that each appraisal management company applying for a certificate of registration has procedures in place to (A) verify that a person being added to the appraiser panel of the company holds a license in good standing in accordance with section 20-509, (B) maintain detailed records of each appraisal request or order it receives and of the appraiser who performs such appraisal, and (C) review on a periodic basis the work of all appraisers performing appraisals for the company, to ensure that such appraisals are being conducted in accordance with the USPAP;

      (2) Determine to the commissioner's satisfaction that each person owning more than ten per cent of an appraisal management company is of good moral character and such person has submitted to a background investigation, as deemed necessary by the commissioner; and

      (3) Determine to the commissioner's satisfaction that the controlling person (A) has never had an appraiser license or certificate denied, refused to be renewed, suspended or revoked in any state, (B) is of good moral character, and (C) has submitted to a background investigation, as deemed necessary by the commissioner.

      (d) The commissioner shall issue a registration number to each appraisal management company registered in this state and shall publish annually a list of appraisal management companies that are registered with the Department of Consumer Protection.

      (e) All certificates of registration issued under the provisions of this section shall expire biennially. The fee for renewal of a certificate of registration shall be one thousand dollars.

      (P.A. 10-77, S. 2.)

      Sec. 20-529a. Certification to commissioner. Audits. Disclosures to client. Appraisal management company not to prohibit inclusion of certain information in appraisal report. (a) Each appraisal management company shall certify annually to the commissioner that it maintains a detailed record of each appraisal request or order it receives and of the appraiser who performs such appraisal.

      (b) Each appraisal management company may audit the appraisals completed by appraisers on its appraiser panel to ensure that such appraisals are being performed in accordance with the USPAP.

      (c) Each appraisal management company shall disclose to a client prior to providing, or along with, the appraisal report (1) the dollar amount of the total compensation to be paid by such company to the appraiser who performed the appraisal; and (2) the dollar amount of the total compensation to be retained by such company from the appraisal fee paid to such company for such appraisal.

      (d) No appraisal management company shall prohibit or attempt to prohibit an appraiser from including or referencing in an appraisal report the appraisal fee, the name of the appraisal management company or the client or lender's name or identity.

      (P.A. 10-77, S. 3.)

      Sec. 20-529b. Appraisal management company prohibitions and requirements. Payment to appraisers. (a) No appraisal management company applying for a certificate of registration shall:

      (1) Be more than ten per cent owned by any person who has had an appraiser license or certificate denied, refused to be renewed, suspended or revoked in any state;

      (2) Be owned by any partnership, association, limited liability company or corporation that is more than ten per cent owned by any person who has had an appraiser license or certificate denied, refused to be renewed, suspended or revoked in any state;

      (3) Employ any person to perform job functions related to the ordering, preparation, performance or review of appraisals who has had an appraiser license or certificate denied, refused to be renewed, suspended or revoked; or

      (4) Enter into any contract, agreement or other business arrangement, written or oral, for the procurement of appraisal services in this state, with (A) any person who has had an appraiser license or certificate denied, refused to be renewed, suspended or revoked, or (B) any partnership, association, limited liability company or corporation that employs or has entered into any contract, agreement or other business arrangement, whether oral, written or any other form, with any person who has had an appraiser license or certificate denied, refused to be renewed, suspended or revoked.

      (b) Any employee of an appraisal management company or any contractor working on behalf of such company who has any involvement in the performance of appraisals in this state or review and analysis of completed appraisals in this state shall be licensed or certified and in good standing pursuant to the provisions of sections 20-500 to 20-528, inclusive. This subsection shall not prohibit an individual who is not so licensed or certified from performing job functions that (1) are confined to an examination of an appraisal or an appraisal report for grammatical, typographical or clerical errors, and (2) do not involve the formulation of opinions or comments about (A) the appraiser's data collection, analyses, opinions, conclusions or valuation, or (B) compliance of such appraisal or appraisal report with the USPAP.

      (c) Except in cases of breach of contract or substandard performance of services or where the parties have mutually agreed upon an alternate payment schedule in writing, each appraisal management company operating in this state shall make payment to an appraiser for the completion of an appraisal or valuation assignment not later than sixty days after the date on which such appraiser transmits or otherwise provides the completed appraisal or valuation study to the appraisal management company or its assignee.

      (d) No employee, owner, controlling person, director, officer or agent of an appraisal management company shall intentionally influence, coerce or encourage or attempt to influence, coerce or encourage, an appraiser to misstate or misrepresent the value of a subject property, by any means, including:

      (1) Withholding or threatening to withhold timely payment for an appraisal;

      (2) Withholding or threatening to withhold business from, or demoting, terminating or threatening to demote or terminate, an appraiser;

      (3) Expressly or impliedly promising future business, promotion or increased compensation to an appraiser;

      (4) Conditioning an appraisal request or payment of a fee, salary or bonus on the opinion, preliminary estimate, conclusion or valuation to be reached by the appraiser;

      (5) Requesting that an appraiser provide a predetermined or desired valuation in an appraisal report or estimated values or comparable sales at any time prior to the completion of an appraisal;

      (6) Providing to an appraiser an anticipated, estimated, encouraged or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the contract to purchase may be provided;

      (7) Providing or offering to provide to an appraiser or to any person or entity related to the appraiser stock or other financial or nonfinancial benefits;

      (8) Removing an appraiser from an appraiser panel without prior written notice to such appraiser as set forth in section 20-529c;

      (9) Obtaining, using or paying for a subsequent appraisal or ordering an automated valuation model in connection with a mortgage financing transaction unless (A) there is a reasonable basis to believe that the initial appraisal was flawed or tainted and such basis is clearly noted in such transaction file, or (B) such subsequent appraisal or automated valuation model is performed pursuant to a bona fide prefunding or postfunding appraisal review, loan underwriting or quality control process; or

      (10) Using any other act or practice that impairs or attempts to impair an appraiser's independence, objectivity or impartiality.

      (e) Nothing in subsection (d) of this section shall be construed to prohibit an appraisal management company from requesting that an appraiser provide additional information about the basis for a valuation or correct objective factual errors in an appraisal report.

      (P.A. 10-77, S. 4.)

      Sec. 20-529c. Removal of appraiser from appraiser panel. Appraiser complaints. (a) Except within the first thirty days after an appraiser is initially added to an appraiser panel of an appraisal management company, such company shall not remove an appraiser from its appraiser panel or otherwise refuse to assign requests or orders for appraisals without:

      (1) Notifying the appraiser in writing of the reasons why the appraiser is being removed;

      (2) If the appraiser is being removed for alleged illegal conduct, violation of the USPAP or violation of state licensing standards, notifying the appraiser in writing of the nature of the alleged conduct or violation; and

      (3) Providing the appraiser with an opportunity to respond to such notice.

      (b) (1) Any appraiser who is removed from an appraiser panel of an appraisal management company for alleged illegal conduct, violation of the USPAP or violation of state licensing standards may file a complaint with the commissioner and request a review of the removal decision, except that the commissioner shall not make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company that is unrelated to the actions specified in subsection (a) of this section.

      (2) If an appraiser files a complaint against an appraisal management company pursuant to subdivision (1) of this subsection, the commissioner shall notify such company not later than ten days after such complaint is filed. The commissioner may schedule a hearing and shall render a decision not later than one hundred eighty days after the date such complaint is filed.

      (3) If the commissioner determines to the commissioner's satisfaction that the appraiser did not engage in illegal conduct, violate the USPAP or violate state licensing standards, the commissioner shall order such appraiser to be reinstated to the appraiser panel of the appraisal management company.

      (4) The appraisal management company that was the subject of the complaint shall not (A) refuse to assign requests or orders for appraisals or reduce the number of assignments to the reinstated appraiser, or (B) otherwise penalize the reinstated appraiser.

      (P.A. 10-77, S. 5.)

      Sec. 20-529d. Investigations. Penalty. Appeal. (a) Upon the verified complaint, in writing, of any person concerning a violation by an appraisal management company of the provisions of sections 20-529 to 20-529c, inclusive, the Department of Consumer Protection may investigate such company. Upon a determination by the commissioner that an appraisal management company has made any materially false, fictitious or fraudulent statement or violated any provision of sections 20-529 to 20-529c, inclusive, the commissioner may deny, refuse to renew, suspend or revoke a certificate of registration issued in accordance with section 20-529 and may impose a civil penalty of not more than twenty-five thousand dollars.

      (b) Before denying, refusing to renew, suspending or revoking a certificate of registration or imposing any civil penalty, the commissioner shall give notice and afford an opportunity for hearing in accordance with chapter 54.

      (c) Any person aggrieved by any decision or order of the commissioner under this section may appeal therefrom in accordance with section 4-183.

      (P.A. 10-77, S. 6.)

      Sec. 20-529e. Regulations. The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54, to carry out the provisions of sections 20-529 to 20-529c, inclusive.

      (P.A. 10-77, S. 7.)

      Secs. 20-530 to 20-539. Reserved for future use.