06 LC 38
0086
Senate
Bill 547
By:
Senators Seabaugh of the 28th, Cagle of the 49th, Johnson of the 1st, Williams
of the 19th and Stephens of the 27th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated,
relating to real estate appraisers, so as to provide for the recusal of board
members when a conflict of interest exists; to provide for circumstances for
removal of board members; to provide standards for offering education courses on
appraising; to provide for certain conditions for the investigation of
appraisers; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
39A of Title 43 of the Official Code of Georgia Annotated, relating to real
estate appraisers, is amended by striking Code Section 43-39A-3, relating to the
Georgia Real Estate Appraisers Board, requirements for membership, removal from
the board, meetings, and compensation, and inserting in its place a new Code
section to read as follows:
"43-39A-3.
(a)
There is created the Georgia Real Estate Appraisers Board, which shall consist
of five members. All members must be residents of Georgia. One member shall be
a public member. The public member of the board shall not be connected in any
way with the practice of real estate appraisal, real estate brokerage, or
mortgage lending. Four members shall be real estate appraisers who have been
actively engaged in the real estate appraisal business for at least three years.
In appointing real estate appraisers to the board, while not automatically
excluding other appraisers, the Governor shall give preference to real estate
appraisers who do not hold an active, occupational license which authorizes
their work in real estate brokerage or mortgage lending activities, who do not
have a financial interest in any real estate brokerage firm or mortgage lending
firm, and who are not employees of real estate brokerage firms or mortgage
lending firms.
(b)
The Governor shall appoint the members of the board, subject to confirmation by
the Senate, with consideration given to appropriate geographic representation
and to areas of appraisal expertise. Any such appointments made when the Senate
is not in session shall be effective until acted upon by the
Senate.
(c)
A member of the board shall recuse himself or herself from voting on matters in
which the member has a conflict of interest. Whenever an investigation
authorized by this chapter results in the
board́s
initiating a contested case under Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' against a member, such member shall be recused
from voting on such matter and may not discuss the matter with other board
members or be present when the board discusses or votes on such
matter.
(c)(d)
The term of each member of the board shall be five years, except that one of the
successors to the two members first appointed to serve until July 1, 1992, shall
be appointed to serve until July 1, 1994, and one of the successors to the two
members first appointed to serve until July 1, 1993, shall be appointed to serve
until July 1, 1995. In the event of a vacancy, the Governor shall appoint a
person to fill such vacancy and the person so appointed shall serve for the
remainder of the unexpired term.
(d)(e)
Upon expiration of their terms, members of the board shall continue to hold
office until the appointment and qualification of their successors. The
Governor, after giving notice and opportunity for a hearing, may remove from
office any member of the board for any of the following:
(1)
Inability to perform or neglecting to perform the duties required of
members;
(2)
Incompetence;
or
(3)
Dishonest
conduct.;
or
(4)
Having a disciplinary sanction other than a citation authorized by this chapter
imposed by any professional licensing agency on such
membeŕs
right to practice a trade or profession.
(e)(f)
The members of the board shall annually elect a chairperson from among the
members to preside at board meetings.
(f)(g)
The board shall meet at least once each calendar quarter, or as often as is
necessary, and remain in session as long as the chairperson shall deem it
necessary to give full consideration to the business before the board. A quorum
of the board shall be three members. Members of the board or others may be
designated by the chairperson of the board, in a spirit of cooperation, to
confer with similar boards of other states, attend interstate meetings, and
generally do such acts and things as may seem advisable to the board in the
advancement of the profession and the standards of real estate appraisal
activity.
(g)(h)
Each member of the board shall receive as compensation for each day actually
spent on his or her official duties at scheduled meetings and for time actually
required in traveling to and from its meetings, not to exceed one
daýs
traveling time, the sum of $25.00 and his or her actual and necessary expenses
incurred in the performance of official duties.
(h)(i)
The commission shall supply staff support for the board. The commissioner shall
serve as executive officer of the board. The commissioner shall be charged with
the duties and powers as delegated by the
board."
SECTION
2.
Said
chapter is further amended by striking subsection (c) of Code Section 43-39A-8,
relating to establishing appraiser classifications to comply with federal law,
continuing education courses required for renewing classification, and approval
of instructors, and inserting a new subsection (c) to read as
follows:
"(c)
The board, through its rules and regulations, shall establish standards for
offering of all education courses required by this Code section
and for the
approval of schools and instructors to offer the education courses required by
this chapter.
Each approved
school must comply with Code Sections 43-40-15 through 43-40-32. Each approved
school must designate an individual approved by the board to act as its director
and such designated individual shall be responsible for assuring that the
approved school complies with the requirements of this chapter and rules and
regulations promulgated under this chapter. No school approval shall be granted
to a school unless the school authorizes its director to bind the school to any
settlement of a contested case before the board as defined in Chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act.'
Violations
of this chapter or its attendant rules and regulations by an approved school
shall subject the school and its director to sanction as authorized by this
chapter."
SECTION
3.
Said
chapter is further amended by striking subsections (a) and (d) of Code Section
43-39A-22, relating to investigations, subpoenas, confidentiality, access to
records, and the publication of the names of disciplined appraisers and schools,
and inserting in its place a new Code section to read as follows:
"(a)
The board may, upon its own motion, and shall, upon the sworn written request of
any person, investigate the actions of any appraiser, applicant, or school
approved by the board; provided, however, that, whenever a request for
investigation involves an appraisal report which varies from a sales, lease, or
exchange price by
10
20
percent or less,
or, if the
appraiser is acting as a tax consultant, which varies from the tax
assessoŕs
value by 20 percent or less, the board may
in its discretion decline to conduct an investigation. Except for
investigations of applicants for appraiser classifications, investigations of
allegations of fraudulent conduct, or investigations of possible violations of
this chapter which have been litigated in the courts or arise from litigation in
the courts, the board shall not initiate an investigation on its own motion or
upon a sworn written request for investigation unless the act or acts which may
constitute a violation of this chapter occurred within
three
five
years of the initiation of the
investigation."
"(d)
The results of all investigations shall be reported only to the board or to the
commissioner and the records of such investigations shall not be subject to
subpoena in civil actions. Records of investigations shall be kept by the board
and no part of any investigative record shall be released for any purpose other
than a hearing before the board or its designated hearing officer, review by
another law enforcement agency or lawful licensing authority upon issuance of a
subpoena from such agency or authority or at the discretion of the board upon an
affirmative vote of
all
members
a majority of
the quorum of the board, review by the
respondent
appraiser or
applicant who is the subject of the notice of
hearing after
the
its
service of
a notice of hearing, review by the
board́s
legal counsel, or an appeal of a decision by the board to a court of competent
jurisdiction;
provided, however, if an investigation authorized by this chapter results in the
board́s
filing a notice of hearing or entering into settlement discussions with a member
of the board, the commissioner shall immediately notify the Governor or the
Governoŕs
legal counsel of such action by the board.
After service of a notice of hearing,
a
respondent
the appraiser
or applicant who is the subject of the notice of
hearing shall have a right to obtain a
copy of the investigative record pertaining to the
respondent
hearing."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.