SB 1463 — statute; limitations; appraisers; appraisal services

SB1463 - 532R - SH Ver       SenateHouse Engrossed Senate Bill         State of Arizona Senate Fifty-third Legislature Second Regular Session     SENATE BILL 1463       AN ACT   amending titlesection 12,32‑2071.01, chapter 5, article 2, Arizona Revised Statutes,Statutes; by adding sections 12‑531 and 12‑532;

relating to limitationslicensure. of actions.

Section 1.  TitleSection 1.  Section 12,32-2071.01, chapter 5, article 2, Arizona Revised Statutes, is amended by adding sections 12-531 and 12‑532, to read:

START_STATUTE12-531.  AppraiserSTART_STATUTE32-2071.01.  Requirements liability;for licensure;

statuteremediation; of limitations;

exception;credentials A.  An applicant for licensure shall demonstrate to the board's satisfaction that the applicant:

definitions1.  Has A.  Amet causethe ofeducation action, whether based on contract or tort, that is based on an appraisal or appraisal‑related service and thattraining isqualifications againstfor alicensure state‑licensedprescribed appraiser,in asection state‑certified32‑2071 residential real estate appraiser, a state‑certified appraiser or asubsection registeredD trainee appraiser or an agent, firm, employee or employer of athis state‑licensedsection. appraiser, a state‑certified residential real estate appraiser, a state‑certified appraiser or a registered trainee appraiser must be commenced within four years after the date on which either:

1.  The2.  Has appraisalpassed givingany riseexamination to the action was completed or shouldexaminations haverequired beenby completed.section 32‑2072.

2.  The3.  Has appraisal‑relateda serviceprofessional givingrecord risethat toindicates that the actionapplicant washas performednot committed any act or shouldengaged havein beenany performed.conduct that constitutes grounds for disciplinary action against a licensee pursuant to this chapter.

B.  This4.  Has section does not applyhad to a causelicense ofor actiona thatcertificate isto basedpractice onpsychology arefused, claimrevoked, thatsuspended alleges a knowing or intentionalrestricted fraudby or a knowingstate, orterritory, intentionaldistrict misrepresentationor madecountry duringfor thereasons performancethat ofrelate ato realunprofessional estateconduct. appraisal or when providing an appraisal‑related service.

C.  For5.  Has not voluntarily surrendered a license in another regulatory jurisdiction in the purposesUnited ofStates thisor section:Canada while under investigation for conduct that relates to unprofessional conduct.

1.  "Registered6.  Does traineenot appraiser"have hasa thecomplaint, sameallegation meaningor prescribedinvestigation pending before another regulatory jurisdiction in sectionthe 32‑3601.United States or Canada that relates to unprofessional conduct.

2.  "State‑certifiedB.  If appraiser"the meansboard finds that an applicant committed an act or engaged in conduct that would constitute grounds for disciplinary action in this state, or if the board or any jurisdiction has taken disciplinary action against an applicant, the board may issue a personlicense whoif holdsthe board first determines to its satisfaction that the act or conduct has been corrected, monitored or resolved.  If the act or conduct has not been resolved before issuing a certificatelicense, issuedthe underboard titlemust 32,determine chapterto 36.its satisfaction that mitigating circumstances exist that prevent its resolution.

3.  "State‑certifiedC.  An residentialapplicant realfor estatelicensure appraiser"meets meansthe requirements of section 32‑2071, subsection A, paragraphs 1, 2, 3, 4, 5, 6 and 8 if the applicant earned a persondoctoral whodegree meetsfrom a program that was accredited by the requirementsAmerican forpsychological certificationassociation, asoffice prescribedof inprogram sectionconsultation 32‑3612,and paragraphaccreditation 2.or the psychological clinical science accreditation system at the time of graduation.

4.  "State‑licensedD.  An appraiser"applicant meansfor alicensure person who holdsis alicensed validto licensepractice issuedpsychology underat titlethe 32,independent chapterlevel 36.in another licensing jurisdiction of the United States or Canada meets the requirements of subsection A, paragraph 1 of this section if the applicant meets any of the following requirements:

END_STATUTE1.  Holds START_STATUTE12-532.  Appraisala managementcertificate companyof professional qualification in psychology in good standing issued by the association of state and mortgageprovincial lenderpsychology liability;boards or its successor.

statute2.  Is currently credentialed by the national register of limitations;health service providers in psychology or its successor and submits evidence of having practiced psychology independently at the doctoral level for a minimum of five years.

exception3.  Is A.  Aa causediplomate of action, whether based on contract or tort, that is based on an appraisal or appraisal‑related service and that is against an appraisal management company as defined in section 32‑3661 or a mortgage lender must be commenced within four years after the dateAmerican onboard whichof either:professional psychology.

1.  The appraisal giving rise to the action was completed or should have been completed.

2.  The appraisal‑related service giving rise to the action was performed or should have been performed.

B.  This section does not apply to a cause of action that is based on a claim that alleges a knowing or intentional fraud or a knowing or intentional misrepresentation made during the performance of a real estate appraisal or when providing an appraisal‑related service.