Legislation
SECTION 160-M
Nonresident certification and licensing
Executive (EXC) CHAPTER 18, ARTICLE 6-E
§ 160-m. Nonresident certification and licensing. 1. Every applicant
for certification or licensing under this article who is not a resident
of this state shall submit, with the application for certification or
license, an irrevocable consent that service of process upon him or her
may be made by delivery of the process to the secretary of state if, in
an action against the applicant in a court of this state arising out of
the applicant's activities as a state certified real estate appraiser,
or a state licensed real estate appraiser, the plaintiff cannot, in the
exercise of due diligence, effect personal service upon the applicant.
2. When a nonresident of this state, certified or licensed under the
laws of his resident state, the certification and licensing process of
which has not been disapproved by the appraisal subcommittee of the
federal financial institutions examination council, does not maintain an
office for providing appraisal services to clients in this state, and
has complied with subdivision one of this section, such nonresident may,
upon recommendation of the board, pursuant to such temporary licensing
rules or regulations as the board may promulgate, provide certified or
licensed appraisals. No temporary certificate or license shall be valid
for a duration greater than one year after the date of issue. Any person
performing, or seeking to perform, federally related appraisals shall be
liable for, and pay, all fees, rated proportionately, which would apply
to such person were he or she a resident of this state.
3. A nonresident of this state who has complied with subdivision one
of this section, but who does not qualify for treatment under
subdivision two of this section, may obtain a certificate as a state
certified real estate appraiser or a license as a state licensed real
estate appraiser by conformity to all the provisions of this article
relating to state certified or licensed real estate appraisers.
4. The board shall recognize on a temporary basis the certification or
license of an appraiser issued by another state pursuant to section 1122
of Title XI of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989, Pub. Law. No. 101-73, 103 Stat. 183 (1989)
(codified at 12 U.S.C. 331 et seq.).
for certification or licensing under this article who is not a resident
of this state shall submit, with the application for certification or
license, an irrevocable consent that service of process upon him or her
may be made by delivery of the process to the secretary of state if, in
an action against the applicant in a court of this state arising out of
the applicant's activities as a state certified real estate appraiser,
or a state licensed real estate appraiser, the plaintiff cannot, in the
exercise of due diligence, effect personal service upon the applicant.
2. When a nonresident of this state, certified or licensed under the
laws of his resident state, the certification and licensing process of
which has not been disapproved by the appraisal subcommittee of the
federal financial institutions examination council, does not maintain an
office for providing appraisal services to clients in this state, and
has complied with subdivision one of this section, such nonresident may,
upon recommendation of the board, pursuant to such temporary licensing
rules or regulations as the board may promulgate, provide certified or
licensed appraisals. No temporary certificate or license shall be valid
for a duration greater than one year after the date of issue. Any person
performing, or seeking to perform, federally related appraisals shall be
liable for, and pay, all fees, rated proportionately, which would apply
to such person were he or she a resident of this state.
3. A nonresident of this state who has complied with subdivision one
of this section, but who does not qualify for treatment under
subdivision two of this section, may obtain a certificate as a state
certified real estate appraiser or a license as a state licensed real
estate appraiser by conformity to all the provisions of this article
relating to state certified or licensed real estate appraisers.
4. The board shall recognize on a temporary basis the certification or
license of an appraiser issued by another state pursuant to section 1122
of Title XI of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989, Pub. Law. No. 101-73, 103 Stat. 183 (1989)
(codified at 12 U.S.C. 331 et seq.).