2013 -- S 0389

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LC01715

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - REAL ESTATE APPRAISER

CERTIFICATION ACT

     Introduced By: Senators Jabour, and Metts

     Date Introduced: February 26, 2013

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-20.7-22 of the General Laws in Chapter 5-20.7 entitled "Real

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Estate Appraiser Certification Act" is hereby amended to read as follows:

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     5-20.7-22. Hearing before revocation or suspension; refusal of certification or

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licensing. -- (a) Before refusing to issue a certificate or license or suspending or revoking a

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certificate or license on its own motion, the director shall notify the applicant of his or her

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intended action and the grounds for the action. The applicant may, within twenty (20) days, file

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with the director, in triplicate, a request for a hearing setting out his or her answer to the grounds

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specified in the notification. The director shall consider the answer and set a date for the hearing,

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notifying the applicant of that date at least twenty (20) days prior to the hearing date.

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      (b) Before refusing to issue a certification or suspending or revoking an existing

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certificate or license upon the verified written complaint of any person setting out a cause of

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action under section 5-20.7-20, the director shall, in writing, notify the accused applicant or

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certificate holder of its receipt of the complaint, enclosing a copy of the complaint. The accused

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applicant, certificate, or license holder shall, within twenty (20) days, file with the department, in

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triplicate, his or her answer to the complaint or complaints.

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      (c) The board shall transmit a copy of the answer to the complainant or complainants and

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set a time and place for a hearing, which shall be at least twenty (20) days prior to the hearing

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date.

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      (d) All notices and answers required or authorized to be made or filed under this section

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may be served or filed personally, or by certified mail to the last know business address of the

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addressee. If served personally, the time runs from the date of service; if by registered mail, from

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the postmarked date of the letter enclosing the document.

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      (e) The director shall render a decision on any application or complaint within sixty (60)

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days after the final hearing in the matter and shall immediately notify the parties to the

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proceedings, in writing, of its rulings, orders, or decisions. If the matter contained in the

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complaint has been filed or made a part of a case pending in any court in this state, the director

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may then withhold its decision until the court action has been concluded. Hearings shall be held

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in accordance with rules promulgated by the department in conformity with law. Any party

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aggrieved by a final administrative decision of the director may appeal the decision in accordance

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with the provisions of the Administrative Procedures Act, chapter 35 of title 42.

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     (f) No action may be taken under this section against a person licensed under this chapter

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unless the action is commenced within five (5) years after the occurrence of the alleged violation

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or within two (2) years after final disposition of any judicial proceeding, including any appeals, in

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which the appraiser provided testimony related to the assignment, whichever period expires last.

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A continuing violation is deemed to have occurred on the date when the circumstances last

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existed that gave rise to the alleged continuing violation.

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     SECTION 2. This act shall take effect upon passage.

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LC01715

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - REAL ESTATE APPRAISER

CERTIFICATION ACT

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     This act would limit the ability of the department of business regulation to investigate

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complaints made on appraisals that fall outside (more than five (5) years old) the record retention

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requirements of the USPAP (Uniform Standards of Professional Appraisal Practice).

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     This act would take effect upon passage.

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LC01715

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