SECTIONS 11320-11328.1 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 11320-11328.1

11320. No person shall engage in federally related real estate
appraisal activity governed by this part or assume or use the title
of or any title designation or abbreviation as a licensed appraiser
in this state without first obtaining a license as defined in Section
11302. Any person who willfully violates this provision is guilty of
a public offense punishable by imprisonment in the state prison, or
in a county jail for not more than one year, or by a fine not
exceeding ten thousand dollars ($10,000), or by both the imprisonment
and fine. The possession of a license issued pursuant to this part
does not preempt the application of other statutes including the
requirement for specialized training or licensure pursuant to Article
3 (commencing with Section 750) of Chapter 2.5 of Division 1 of the
Public Resources Code.

11320.5. No person or entity shall act in the capacity of an
appraisal management company without first obtaining a certificate of
registration from the office.

11321. (a) No person other than a state licensed real estate
appraiser may assume or use that title or any title, designation, or
abbreviation likely to create the impression of state licensure as a
real estate appraiser in this state.
(b) No person other than a licensee may sign an appraisal. A
trainee licensed pursuant to Section 11327 may sign an appraisal if
it is also signed by a licensee.
(c) No person other than a licensee holding a current valid
license at the residential level issued under this part to perform,
make, or approve and sign an appraisal may use the abbreviation SLREA
in his or her real property appraisal business.
(d) No person other than a licensee holding a current valid
license at a certified level issued under this part to perform, make,
or approve and sign an appraisal may use the term "state certified
real estate appraiser" or the abbreviation SCREA in his or her real
property appraisal business.

11323. No licensee shall engage in any appraisal activity in
connection with the purchase, sale, transfer, financing, or
development of real property if his or her compensation is dependent
on or affected by the value conclusion generated by the appraisal.

11324. An individual who is not a licensee may assist in the
preparation of an appraisal under the following conditions:
(a) The assistance is under the direct supervision of an
individual who is a licensed appraiser and the final conclusion as to
value is made by a licensed appraiser.
(b) The final appraisal document is approved and signed, with
acceptance of full responsibility, by the supervising individual who
is licensed by the state pursuant to this part, identifies the
assisting individual, and identifies the scope of work performed by
the individual who assisted in preparation of the appraisal.

11325. (a) The director shall adopt regulations which determine the
parameters of appraisal work which may be performed by licensed
appraisers.
(b) Regulations adopted by the director pursuant to this section
shall, at a minimum, meet the standards established by federal
financial institution regulatory agencies as required by Section 1112
of Title XI of the Financial Institutions Reform, Recovery and
Enforcement Act of 1989, Public Law 101-73.

11326. (a) The county assessor shall, upon request, disclose
information, furnish abstracts, copies of maps, construction permits,
notices of completion, sales confirmation, and permit access to all
records in his or her office or branch offices, to the Office of Real
Estate Appraisers when it is conducting an investigation related to
professional conduct of appraisers.
(b) Whenever the assessor discloses information, furnishes
abstracts, and all of the above and permits access to records to the
Office of Real Estate Appraisers, the office shall reimburse the
assessor for any reasonable cost incurred as a result thereof.

11327. The director shall adopt regulations governing the process
and procedure of applying for a trainee license, which shall meet, at
a minimum, the requirements of the Appraisal Foundation.

11328. To substantiate documentation of appraisal experience, or to
facilitate the investigation of illegal or unethical activities by a
licensee, applicant, or other person acting in a capacity that
requires a license, that licensee, applicant, or person shall, upon
the request of the director, submit copies of appraisals, or any work
product which is addressed by the Uniform Standards of Professional
Appraisal Practice, and all supporting documentation and data to the
office. This material shall be confidential in accordance with the
confidentiality provisions of the Uniform Standards of Professional
Appraisal Practice.

11328.1. If the director has a reasonable belief that a registrant,
or person or entity acting in a capacity that requires a certificate
of registration, has engaged in activities prohibited under this
part, he or she may submit a written request to the registrant,
person, or entity, requesting copies of written material related to
his or her investigation. Any registrant, person, or entity receiving
a written request from the director for information related to an
investigation of prohibited activities shall submit that information
to the director or the office within a reasonable period of time,
which shall be specified by the director in his or her written
request. Any material submitted shall be kept confidential by the
director and the office.