2019 Georgia Code
Title 43 - Professions and Businesses
Chapter 39A - Real Estate Appraisers
§ 43-39A-14.1. Requirements for the establishment and maintenance of a real estate appraisal management company
(a) An appraisal management company subject to state registration pursuant to Code Section 43-39A-7 shall not be registered in this state or reported to the Appraisal Management Company National Registry if such appraisal management company, in whole or in part, directly or indirectly, is owned by any person who has had an appraiser license, certificate, or classification refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state for a substantive cause.
(b) An appraisal management company subject to state registration pursuant to Code Section 43-39A-7 shall not be barred by subsection (a) of this Code section from being registered in this state or reported to the Appraisal Management Company National Registry if the appraiser license of the appraiser with an ownership interest was not refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked for a substantive cause and has been reinstated in this state or states in which the appraiser was licensed or certified.
(c) If after review of an original application or a renewal application the board determines that an applicant for an appraisal management company registration has not met the requirements for receiving such registration, the board shall be authorized to deny such application; otherwise, the board is authorized to grant such application.
(d) The board is authorized to register an applicant for an appraisal management company if such applicant complies with the requirements set forth in this chapter and the board determines that the issuance of such registration would be consistent with the public interest. In determining the public interest, the board shall be authorized to conduct a background investigation on each person that owns more than 10 percent of the appraisal management company and consider the following factors:
(1) Existence of good moral character with regard to reputation for honesty, trustworthiness, and integrity, as determined by the board;
(2) Compliance with applicable state and local laws;
(3) Any convictions, as such term is defined in Code Section 43-39A-14;
(4) False or fraudulent material in any application filed under this chapter; and
(5) Any other factors the board deems relevant to and consistent with the public interest.
(e) Each appraisal management company applying to the board for registration shall designate a controlling person that shall be the main contact for all communication between the board and the appraisal management company and that shall also serve as the person upon which service of process may be made in a proceeding against the appraisal management company.
(f) The controlling person designated pursuant to subsection (e) of this Code section shall:
(1) Have never had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state;
(2) Be of good moral character with regard to reputation for honesty, trustworthiness, and integrity, as determined by the board; and
(3) Submit to a background investigation, as determined by the board.
(g) Each appraisal management company shall certify to the commission on an annual basis that it:
(1) Includes instructions to appraisers in letters of engagement to decline the assignment in the event the appraiser is not geographically competent or the assignment falls outside the appraiser's scope of practice restrictions;
(2) Has a system in place to verify that the appraiser receiving the assignment holds a license or registration in good standing in the State of Georgia and has not had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state;
(3) Has a system in place to perform an appraisal review on a periodic basis of the work of all appraisers who are performing appraisals for the appraisal management company to validate that the appraisals are being conducted in accordance with the standards for real estate appraisals established by the board;
(4) Has reported to the board the results of any appraisal reviews in which an appraisal is found to be substantially noncompliant with the standards for real estate appraisals established by the board or any state or federal laws pertaining to appraisals; and
(5) Maintains records required to be kept by the board that the board is authorized to inspect.
(h) An appraisal management company doing business in this state shall not:
(1) Knowingly employ any person directly involved in real estate appraisal or appraisal management services who does not hold a license or registration in good standing in the State of Georgia or who has had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state;
(2) Knowingly enter into any independent contractor arrangement, whether in oral, written, or other form, with any person for the performance of real estate appraisal services who does not hold a license or registration in good standing in the State of Georgia or who has had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state;
(3) Knowingly enter into any contract, agreement, or other business relationship directly involved with the performance of real estate appraisal or appraisal management services, whether in oral, written, or any other form, with any entity that employs, has entered into an independent contract arrangement, or has entered into any contract, agreement, or other business relationship, whether in oral, written, or any other form, with any person who does not hold a license or registration in good standing in the State of Georgia or who has had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state;
(4) Request or require an appraiser to modify any aspect of an appraisal report unless the modification provides additional information about the basis for a valuation, corrects objective factual errors in the appraisal report, or provides additional information within the appraisal regarding additional sales provided through an established dispute process;
(5) Require an appraiser to prepare an appraisal if the appraiser, in the appraiser's own independent professional judgment, believes the appraiser does not have the necessary expertise for the assignment or for the specific geographic area and has notified the appraisal management company and declined the assignment;
(6) Require an appraiser to prepare an appraisal under a time frame that the appraiser, in the appraiser's own professional judgment, believes does not afford the appraiser the ability to meet all the relevant legal and professional obligations, and the appraiser has notified the appraisal management company and declined the assignment;
(7) Prohibit or inhibit legal or other allowable communication between the appraiser and a lender, a real estate licensee, or any other person who the appraiser, in the appraiser's own professional judgment, believes possesses information that would be relevant;
(8) Knowingly require an appraiser to take any action that does not comply with any provision of this chapter and the rules and regulations promulgated by the board or any assignment conditions and certifications required by the client for whom an appraisal is being performed;
(9) Make any portion of its fee or the appraiser's fee contingent on a predetermined or favorable outcome including, but not limited to, a loan closing or a specific dollar amount being determined by the appraiser in the appraisal;
(10) Prohibit any appraiser who is part of an appraiser panel from recording the fee that the appraiser was paid by the appraisal management company for the performance of the appraisal within the appraisal report that is submitted by the appraiser to the appraisal management company;
(11) Alter, modify, or otherwise change a completed appraisal report submitted by an appraiser by:
(A) Permanently removing the appraiser's signature or seal; or
(B) Adding information to or removing information from the appraisal report with an intent to change the valuation conclusion; or
(12) Require an appraiser to provide the appraisal management company with the appraiser's digital signature or seal; provided, however, that an appraiser shall not be prohibited from voluntarily providing such appraiser's digital signature or seal to another person.
(i) An appraisal management company shall not pay any fees to an appraiser performing or attempting to perform any real estate appraisal activity in a covered transaction without complying with the rules and regulations adopted by the board to regulate such transactions in accordance with 15 U.S.C. Section 1601, et seq., and the regulations promulgated thereunder, including, but not limited to, compensation to appraisers that is customary and reasonable for appraisals being performed for one- to four-family residential units in the market area of the property being appraised. An appraisal management company shall separately state to the client the fees paid to an appraiser for appraisal services and the fees charged by the appraisal management company for services associated with the management of the appraisal process, including procurement of the appraiser's services.
(j) An appraisal management company shall be held responsible for the actions of its controlling person affiliated with such appraisal management company should such controlling person violate any of the provisions of this chapter or any rules and regulations promulgated by the board or engage in any unfair trade practices.
(k) Whenever the board initiates an investigation as provided for in Code Section 43-39A-22 and the evidence gathered in the investigation reveals an apparent violation by the appraisal management company of this chapter, of the rules and regulations promulgated by the board, or of any unfair trade practices, including, but not limited to, those listed in this Code section, the board shall file notice of hearing in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Whenever an appraisal management company has been found guilty of a violation of any provision of this chapter or the rules and regulations promulgated by the board, or of any unfair trade practices after such hearing has taken place, the board shall have the power to take any one or more of the following actions:
(1) Refuse to grant or renew registration to an appraisal management company;
(2) Suspend or revoke the registration of an appraisal management company;
(3) Impose a fine not to exceed $1,000.00 for each violation of this chapter, of the rules and regulations promulgated by the board, or of any unfair trade practices with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as parties agree; or
(4) Take other appropriate disciplinary action as established by the rules and regulations of the board.
(l) The board is authorized to submit to the Appraisal Subcommittee information consistent with Appraisal Subcommittee regulations concerning appraisal management companies that operate in this state, including disciplinary actions, enforcement actions, or other relevant information pertaining to an appraisal management company holding a registration issued by the board.
(m) The board is authorized to establish rules and regulations requiring an appraisal management company to conduct its appraisal management services in accordance with federal regulations, including the federal Truth in Lending Act.
Code 1981, § 43-39A-14.1, enacted by Ga. L. 2010, p. 765, § 7/HB 1050; Ga. L. 2015, p. 110, § 1/HB 253; Ga. L. 2019, p. 724, § 6/HB 192.
