Oklahoma 2025 Regular Session

Oklahoma House Bill HB1646 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB1646 SFLR Page 1
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	3	+	ENGR. H. B. NO. 1646 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 17, 2025
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 1646 By: Sneed of the House
35	30
36	31		and
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38	33		Reinhardt of the Senate
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43	40		An Act relating to professions and occupations;
44	41		amending 59 O.S. 2021, Sections 858 -712 and 858-723,
45	42		which relate to real estate appraisers; removing
46	43		minimum educational classroom hours; requiring
47	44		educational requirements as specified by the
48	45		Appraiser Qualifications Board of the Appraisal
49	46		Foundation; removing requirement that cost of classes
50	47		be established by the Board; removing requirement
51	48		that complaints must be signed by the person filing
52	49		the complaint; providing that complaints may be made
53	50		on a paper or electronic form; and providing an
54	51		effective date.
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59	58		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
60	59		SECTION 1. AMENDATORY 59 O.S. 2021, Section 858 -712, is
61	60		amended to read as follows:
62	61		Section 858-712. A. State Certified General Appraiser - As a
63	62		prerequisite to taking the examination for certification as a State
64	63		Certified General Appraiser, an applicant shall present satisfact ory
65	64		evidence to the Real Estate Appraiser Board that such applicant has
66	65		successfully completed the minimum educational requirement specified
67	66		by the Appraiser Qualification Criteria promulgated by the Appraiser
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69		-	SENATE FLOOR VERSION - HB1646 SFLR Page 2
70		-	(Bold face denotes Committee Amendments) 1
	68	+	ENGR. H. B. NO. 1646 Page 2 1
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95	93		Qualifications Board of the Appraisal Foundati on of courses in
96	94		subjects related to real estate appraisal from a nationally
97	95		recognized appraisal organization or college or university or
98	96		technology center school or private school approved by the Board and
99	97		such classes shall be made available on a region al basis throughout
100	98		the State of Oklahoma prior to the required examination date which
101	99		must include classroom hours related to standards of profe ssional
102	100		practice.
103	101		B. State Certified Residential Appraiser - As a prerequisite to
104	102		taking the examination for c ertification as a State Certified
105	103		Residential Appraiser, an applicant shall present satisfactory
106	104		evidence to the Board that such applicant has successfully completed
107	105		the minimum educational requirement specified by the Appraiser
108	106		Qualification Criteria prom ulgated by the Appraiser Qualifications
109	107		Board of the Appraisal Foundation of courses in subjects related to
110	108		real estate appraisal from a national ly recognized appraisal
111	109		organization or college or university or technology center school or
112	110		private school approved by the Board and such classes shall be made
113	111		available on a regional basis throughout this state prior to the
114	112		required examination date which must include classroom hours related
115	113		to standards of professional practice.
116	114		C. State Licensed Appraiser - As a prerequisite to taking the
117	115		examination for certification as a State Licensed Appraiser, an
118	116		applicant shall present satisfactory evidence to th e Board that such
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120		-	SENATE FLOOR VERSION - HB1646 SFLR Page 3
121		-	(Bold face denotes Committee Amendments) 1
	118	+	ENGR. H. B. NO. 1646 Page 3 1
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146	143		applicant has successfully completed the minimum education
147	144		requirement specified by the Appra iser Qualification Criteria
148	145		promulgated by the Appraiser Qualifications Board of the Appraisal
149	146		Foundation of courses in subjects related to real estate appraisal
150	147		from a nationally recognized appraisal organization or a college or
151	148		university or technology c enter school or private school approved by
152	149		the Board and such classes shall be made available on a regional
153	150		basis throughout the State of Oklahom a prior to the required
154	151		examination date which must include classroom hours related to
155	152		standards of professiona l practice. Provided, that any appraiser
156	153		who becomes state licensed prior to July 1, 2001, shall not be
157	154		required to complete any additional classroom hours necessary to
158	155		meet the minimum requirements of the Appraiser Qualifications Board
159	156		of the Appraisal Foundation in order to maintain certification as a
160	157		state licensed appraiser.
161	158		D. Trainee Appraiser – There shall be no examination for
162	159		certification as a Trainee Appraiser. As a prerequisite to
163	160		certification as a Trainee Appraiser, an applicant shall prese nt
164	161		satisfactory evidence to the Board that such applicant has
165	162		successfully completed not less than seventy -five (75) classroom
166	163		hours the minimum education requirement specified by the Appraiser
167	164		Qualification Criteria promulgated by the Appraiser Qualificat ions
168	165		Board of the Appraisal Foundation of courses in subjects related to
169	166		real estate appraisal from a nationally recognized appraisal
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171		-	SENATE FLOOR VERSION - HB1646 SFLR Page 4
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	168	+	ENGR. H. B. NO. 1646 Page 4 1
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197	193		organization or a college or university or area technology center
198	194		school or private school approved by the Board and such classes
199	195		shall be made available on a regional basis throughout the State of
200	196		Oklahoma prior to the required examination date with the cost of the
201	197		classes being established by the Board which must include classroom
202	198		hours related to standards of professional practice the minimum
203	199		educational requirement specified by the Appraiser Qualification
204	200		Criteria promulgated by the Appraiser Qualifications Board of the
205	201		Appraisal Foundation .
206	202		SECTION 2. AMENDATORY 59 O.S. 2021, Section 858 -723, is
207	203		amended to read as follows:
208	204		Section 858-723. A. The Real Estate Appraiser Board, after
209	205		notice and opportunity for a hearing, pursuant to Article II of the
210	206		Administrative Procedures Act, may issue an order imposing one or
211	207		more of the following penalties w henever the Board finds, by clear
212	208		and convincing evidence, that a certificate holder has violated any
213	209		provision of the Oklahoma Certified Real Es tate Appraisers Act, or
214	210		rules promulgated pursuant thereto:
215	211		1. Revocation of the certificate with or without t he right to
216	212		reapply;
217	213		2. Suspension of the certificate for a period not to exceed
218	214		five (5) years;
219	215		3. Probation, for a period of time and under such terms and
220	216		conditions as deemed appropriate by the Board;
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222		-	SENATE FLOOR VERSION - HB1646 SFLR Page 5
223		-	(Bold face denotes Committee Amendments) 1
	218	+	ENGR. H. B. NO. 1646 Page 5 1
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248	243		4. Stipulations, limitations, restrictions, and c onditions
249	244		relating to practice;
250	245		5. Censure, including specific redress, if appropriate;
251	246		6. Reprimand, either public or private;
252	247		7. Satisfactory completion of an educational program or
253	248		programs;
254	249		8. Administrative fines as authorized by the Oklahoma Cert ified
255	250		Real Estate Appraisers Act; and
256	251		9. Payment of costs expended by the Board for any legal fees
257	252		and costs and probation and monitoring fees including, but not
258	253		limited to, administrative costs, witness fees and attorney fees.
259	254		B. 1. Any administrative fine imposed as a result of a
260	255		violation of the Oklahoma Certified Real Estate Appraisers Act or
261	256		the rules of the Board promulgated pursuant there to shall not:
262	257		a. be less than Fifty Dollars ($50.00) and shall not
263	258		exceed Two Thousand Dollars ($2,000.00) for each
264	259		violation of this act or the rules of the Board, or
265	260		b. exceed Five Thousand Dollars ($5,000.00) for all
266	261		violations resulting from a single incident or
267	262		transaction.
268	263		2. All administrative fines shall be paid within thirty (30)
269	264		days of notification of t he certificate holder by the Board of the
270	265		order of the Board imposing the administrative fine, unless the
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272		-	SENATE FLOOR VERSION - HB1646 SFLR Page 6
273		-	(Bold face denotes Committee Amendments) 1
	267	+	ENGR. H. B. NO. 1646 Page 6 1
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298	292		certificate holder has entered into an agreement with the Board
299	293		extending the period for payment.
300	294		3. The certificate may be suspended until any fine imposed upon
301	295		the licensee by the Board is paid.
302	296		4. Unless the certificate holder has entered into an agreement
303	297		with the Board extending the period for payment, if fines are not
304	298		paid in full by the licensee within thirty (30) days of the
305	299		notification by the Board of the order, the fines shall double and
306	300		the certificate holder shall have an additional thirty -day period.
307	301		If the double fine is not pa id within the additional thirty -day
308	302		period, the certificate shall automatically be revoked.
309	303		5. All monies received by the Board as a result of the
310	304		imposition of the administrative fine provided for in this section
311	305		shall be deposited in the Oklahoma Certified Real Estate Appraisers
312	306		Revolving Fund created pursuant to Section 858 -730 of this title.
313	307		C. The rights of any holder under a certificate as a trainee,
314	308		state licensed, state certified residential or state certified
315	309		general real estate appraiser may be revoked or suspended, or the
316	310		holder of the certificate may be otherwise disciplined pursuant to
317	311		the provisions of the Oklahoma Certified Real Estate Appraisers Act,
318	312		upon any of the grounds set forth in this section. The Board may
319	313		investigate the actions of a trainee, state licensed, state
320	314		certified residential or state certified general real estate
321	315		appraiser, and may revoke or suspend the rights of a certificate
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323		-	SENATE FLOOR VERSION - HB1646 SFLR Page 7
324		-	(Bold face denotes Committee Amendments) 1
	317	+	ENGR. H. B. NO. 1646 Page 7 1
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349	342		holder or otherwise discipline a trainee, state licensed, state
350	343		certified residential or state certified general real estate
351	344		appraiser for any of the following acts or omissions:
352	345		1. Procuring or attempting to procure a certificate pursuant to
353	346		the provisions of the Oklahoma Certified Real Estate Appraisers Act
354	347		by knowingly making a false statement, knowingly submitting false
355	348		information, refusing to provide complete information in response to
356	349		a question in an application for certification or through any form
357	350		of fraud or misrepresentation;
358	351		2. Failing to meet the minimum qualifications established
359	352		pursuant to the provisions of the Oklahoma Certified Real Estate
360	353		Appraisers Act;
361	354		3. Paying money other than provi ded for by the Oklahoma
362	355		Certified Real Estate Appraisers Act to any member or employee of
363	356		the Board to procure a certificate pursuant to the Oklahoma
364	357		Certified Real Estate Appraisers Act;
365	358		4. A conviction, including a conviction based upon a plea of
366	359		guilty or nolo contendere, of a felony crime that substantially
367	360		relates to the practice of real estate appraisals or poses a
368	361		reasonable threat to publi c safety;
369	362		5. An act or omission involving dishonesty, fraud, or
370	363		misrepresentation with the intent to substanti ally benefit the
371	364		certificate holder or another person or with the intent to
372	365		substantially injure another person;
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374		-	SENATE FLOOR VERSION - HB1646 SFLR Page 8
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	367	+	ENGR. H. B. NO. 1646 Page 8 1
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400	392		6. Violation of any of the standards for the development or
401	393		communication of real estate appraisals as provided in the Oklahoma
402	394		Certified Real Estate Appraisers Act;
403	395		7. Failure or refusal without good cause to exercise reasonable
404	396		diligence in developing an appraisal, preparing an appra isal report
405	397		or communicating an appraisal;
406	398		8. Negligence or incompetence in developing an appraisal, in
407	399		preparing an appraisal report, or in communicating an appraisal;
408	400		9. Willfully disregarding or violating any of the provisions of
409	401		the Oklahoma Certified Real Estate Appraisers Act or the regulations
410	402		of the Board for the administration and enforcement of the
411	403		provisions of the Oklahoma Certified Real Estate Appraisers Act;
412	404		10. Accepting an appraisal assignment when the employment
413	405		itself is contingent upon the appraiser reporting a predetermined
414	406		estimate, analysis or opinion, or where the fee to be paid is
415	407		contingent upon the opinion, conclusion, or valuation reached, or
416	408		upon the consequences resulting from the appraisal assignment;
417	409		11. Violating the confidential nature of governmental records
418	410		to which the appraiser gained access through employment or
419	411		engagement as an appraiser by a governmental agency;
420	412		12. Entry of a final civil judgment against the person on
421	413		grounds of deceit, fraud, or willful or knowin g misrepresentation in
422	414		the making of any appraisal of real property;
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424		-	SENATE FLOOR VERSION - HB1646 SFLR Page 9
425		-	(Bold face denotes Committee Amendments) 1
	416	+	ENGR. H. B. NO. 1646 Page 9 1
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450	441		13. Violating any of the provisions in th e code of ethics set
451	442		forth in this act title; or
452	443		14. Failing to at any time properly identify themselves
453	444		according to the specific type of certification held.
454	445		D. In a disciplinary proceeding based upon a civil judgment,
455	446		the trainee, state licensed, state certified residential or state
456	447		certified general real estate appraiser shall be afforded an
457	448		opportunity to present matters in mitigation and ext enuation, but
458	449		may not collaterally attack the civil judgment.
459	450		E. 1. A complaint may be filed with the Board a gainst a
460	451		trainee or state licensed or state certified appraiser for any
461	452		violations relating to a specific transaction of the Oklahoma
462	453		Certified Real Estate Appraisers Act by any person who is the
463	454		recipient of, relies upon or uses an appraisal prepared for a
464	455		federally related transaction or real -estate-related financial
465	456		transaction as described in Section 858 -701 of this title.
466	457		2. Any person with k nowledge of any circumstances surrounding
467	458		an act or omission by a trainee or state licensed or state certified
468	459		appraiser involving fraud, dishonesty or misrepresentation in any
469	460		real property valuation -related activity, not limited to federally
470	461		related transactions, may file a complaint with the Board setting
471	462		forth all facts surrounding the act or omission.
472	463		3. A complaint may be filed against a trainee or state licensed
473	464		or state certified appraiser directly by the Board, if reasonable
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475		-	SENATE FLOOR VERSION - HB1646 SFLR Page 10
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	466	+	ENGR. H. B. NO. 1646 Page 10 1
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501	491		cause exists for viola tions of the code of ethics set forth in this
502	492		act.
503	493		4. Any complaint filed pursuant to this subsection shall be in
504	494		writing and signed by the person filing same and shall be on a form
505	495		approved by the Board , either in paper form or filed electronically .
506	496		The trainee or state licensed or state certified appraiser shall be
507	497		entitled to any hearings or subject to any dis ciplinary proceedings
508	498		provided for in the Oklahoma Certified Real Estate Appraisers Act
509	499		based upon any complaint filed pursuant to this subsectio n.
510	500		F. As used in this section:
511	501		1. "Substantially relates" means the nature of criminal conduct
512	502		for which the person was convicted has a direct bearing on the
513	503		fitness or ability to perform one or more of the duties or
514	504		responsibilities necessarily related to the occupation; and
515	505		2. "Poses a reasonable threat" means the nature of criminal
516	506		conduct for which the perso n was convicted involved an act or threat
517	507		of harm against another and has a bearing on the fitness or ability
518	508		to serve the public or work with ot hers in the occupation.
519	509		SECTION 3. This act shall become effective November 1, 2025.
520		-	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
521		-	April 17, 2025 - DO PASS
	510	+
	511	+	ENGR. H. B. NO. 1646 Page 11 1
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	536	+	Passed the House of Representatives the 24th day of March, 2025.
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	538	+
	539	+
	540	+
	541	+	Presiding Officer of the House
	542	+	of Representatives
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	545	+
	546	+	Passed the Senate the ____ day of __________, 2025.
	547	+
	548	+
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	551	+	Presiding Officer of the Senate
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	553	+