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SENATE FLOOR VERSION
April 17, 2025
ENGROSSED HOUSE
BILL NO. 1646 By: Sneed of the House
and
Reinhardt of the Senate
An Act relating to professions and occupations;
amending 59 O.S. 2021, Sections 858 -712 and 858-723,
which relate to real esta te appraisers; removing
minimum educational classroom hours; requiring
educational requirements as specified by the
Appraiser Qualifications Board of the Appraisal
Foundation; removing requirement that cost of classes
be established by the Board; removing requirement
that complaints must be signed by the person filing
the complaint; providing that complaints may be made
on a paper or electronic form; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 858 -712, is
amended to read as follows:
Section 858-712. A. State Certified General Appraiser - As a
prerequisite to taking the examination for certification as a State
Certified General Appraiser, an applicant shall present satisfactory
evidence to the Real Estate Appraiser Board that such applicant has
successfully completed the minimum educational requirement specified
by the Appraiser Qualification Criteria promulgated by the Appraiser
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Qualifications Board of the Appraisal Foundation of courses in
subjects related to real estate appraisal from a nationally
recognized appraisal organization or college or university or
technology center school or private school approved by the Board and
such classes shall be made available on a regional basis throughout
the State of Oklahoma prior to the required examination date which
must include classroom hours related to standards of profess ional
practice.
B. State Certified Residential Appraiser - As a prerequisite to
taking the examination for certification as a State Certified
Residential Appraiser, an applicant shall present satisfactory
evidence to the Board that such applicant has successfully completed
the minimum educational requirement specified by the Appr aiser
Qualification Criteria promulgated by the Appraiser Qualifications
Board of the Appraisal Foundation of courses in subjects related to
real estate appraisal from a nationally recognized appraisal
organization or college or university or technology ce nter school or
private school approved by the Board and such classes shall be made
available on a regional basis throughout this state prior to the
required examination date which must include classroom hours related
to standards of professional practice.
C. State Licensed Appraiser - As a prerequisite to taking the
examination for certification as a State Licensed Appraiser, an
applicant shall present satisfactory evidence to the Board that such
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applicant has successfully completed the minimum education
requirement specified by the Appraiser Qualification Criteria
promulgated by the Appraiser Qualifications Board of the Appraisal
Foundation of courses in subjects related to real estate appraisal
from a nationally recognized appraisal organization or a coll ege or
university or technology center school or private school approved by
the Board and such classes shall be made available on a regional
basis throughout the State of Oklahoma prior to the required
examination date which must include classroom hours re lated to
standards of professional practice. Provided, that any appraiser
who becomes state licensed prior to July 1, 2001, shall not be
required to complete any additional classroom hours necessary to
meet the minimum requirements of the Appraiser Qualif ications Board
of the Appraisal Foundation in order to maintain certification as a
state licensed appraiser.
D. Trainee Appraiser – There shall be no examination for
certification as a Trainee Appraiser. As a prerequisite to
certification as a Trainee Ap praiser, an applicant shall present
satisfactory evidence to the Board that such applicant has
successfully completed not less than seventy -five (75) classroom
hours the minimum education requirement specified by the Appraiser
Qualification Criteria promul gated by the Appraiser Qualifications
Board of the Appraisal Foundation of courses in subjects related to
real estate appraisal from a nationally recognized appraisal
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organization or a college or university or area technology center
school or private schoo l approved by the Board and such classes
shall be made available on a regional basis throughout the State of
Oklahoma prior to the required examination date with the cost of the
classes being established by the Board which must include classroom
hours related to standards of professional practice the minimum
educational requirement specified by the Appraiser Qualification
Criteria promulgated by the Appraiser Qualifications Board of the
Appraisal Foundation .
SECTION 2. AMENDATORY 5 9 O.S. 2021, Section 858 -723, is
amended to read as follows:
Section 858-723. A. The Real Estate Appraiser Board, after
notice and opportunity for a hearing, pursuant to Article II of the
Administrative Procedures Act, may issue an order imposing one or
more of the following penalties whenever the Board finds, by clear
and convincing evidence, that a certificate holder has violated any
provision of the Oklahoma Certified Real Esta te Appraisers Act, or
rules promulgated pursuant thereto:
1. Revocation of the certificate with or without the right to
reapply;
2. Suspension of the certificate for a period not to exceed
five (5) years;
3. Probation, for a period of time and under such terms and
conditions as deemed appropriate by the Board;
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4. Stipulations, limitations, restrictions, and conditions
relating to practice;
5. Censure, including specific redress, if appropriate;
6. Reprimand, either public or private;
7. Satisfactory completion of an educational program or
programs;
8. Administrative fines a s authorized by the Oklahoma Certified
Real Estate Appraisers Act; and
9. Payment of costs expended by the Board for any legal fees
and costs and probation and monitoring fees including, but not
limited to, administrative costs, witness fees and attorney fees.
B. 1. Any administrative fine imposed as a result of a
violation of the Oklahoma Certified Real Estate Appraisers Act or
the rules of the Board promulgated pursuant thereto shall not:
a. be less than Fifty Dollars ($50.00) and shall not
exceed Two Thousand Dollars ($2,000.00) for each
violation of this act or the rules of the Board, or
b. exceed Five Thousand Dollars ($5,000.00) for all
violations resulting from a single incident or
transaction.
2. All administrative fines shall be paid within thir ty (30)
days of notification of the certificate holder by the Board of the
order of the Board imposing the administrative fine, unless the
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certificate holder has entered into an ag reement with the Board
extending the period for payment.
3. The certificate may be suspended until any fine imposed upon
the licensee by the Board is paid.
4. Unless the certificate holder has entered into an agreement
with the Board extending the period for payment, if fines are not
paid in full by the licensee within thirty (3 0) days of the
notification by the Board of the order, the fines shall double and
the certificate holder shall have an additional thirty -day period.
If the double fine is not paid within the additional thirty -day
period, the certificate shall automaticall y be revoked.
5. All monies received by the Board as a result of the
imposition of the administrative fine provided for in this section
shall be deposited in the Oklahoma Certified Real Estate Appraisers
Revolving Fund created pursuant to Section 858 -730 of this title.
C. The rights of any holder under a certificate as a trainee,
state licensed, state certified residential or state certified
general real estate appraiser may be re voked or suspended, or the
holder of the certificate may be otherwise discip lined pursuant to
the provisions of the Oklahoma Certified Real Estate Appraisers Act,
upon any of the grounds set forth in this section. The Board may
investigate the actions of a trainee, state licensed, state
certified residential or state certified ge neral real estate
appraiser, and may revoke or suspend the rights of a certificate
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holder or otherwise discipline a trainee, state licensed, state
certified residential or state ce rtified general real estate
appraiser for any of the following acts or omiss ions:
1. Procuring or attempting to procure a certificate pursuant to
the provisions of the Oklahoma Certified Real Estate Appraisers Act
by knowingly making a false statement, knowingly submitting false
information, refusing to provide complete informati on in response to
a question in an application for certification or through any form
of fraud or misrepresentation;
2. Failing to meet the minimum qualifications established
pursuant to the provisions of the Oklahoma Certified Real Estate
Appraisers Act;
3. Paying money other than provided for by the Oklahoma
Certified Real Estate Appraisers Act to any member or employee of
the Board to procure a certificate pursuant to the Oklahoma
Certified Real Estate Appraisers Act;
4. A conviction, including a convi ction based upon a plea of
guilty or nolo contendere, of a felony crime that substantially
relates to the practice of real estate appraisals or poses a
reasonable threat to public safety;
5. An act or omission involving dishonesty, fraud, or
misrepresentation with the intent to substantially benefit the
certificate holder or another person or with the intent to
substantially injure another person;
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6. Violation of any of the standards for the development or
communication of real estate appraisals as provid ed in the Oklahoma
Certified Real Estate Appraisers Act;
7. Failure or refusal without good cause to exercise reasonable
diligence in developing an appraisal, preparing an apprais al report
or communicating an appraisal;
8. Negligence or incompetence in d eveloping an appraisal, in
preparing an appraisal report, or in communicating an appraisal;
9. Willfully disregarding or violating any of the provisions of
the Oklahoma Certified Real Estate Appraisers Act or the regulations
of the Board for the administr ation and enforcement of the
provisions of the Oklahoma Certified Real Estate Appraisers Act;
10. Accepting an appraisal assignment when the employment
itself is contingent upon t he appraiser reporting a predetermined
estimate, analysis or opinion, or whe re the fee to be paid is
contingent upon the opinion, conclusion, or valuation reached, or
upon the consequences resulting from the appraisal assignment;
11. Violating the confidential nature of governmental records
to which the appraiser gained access th rough employment or
engagement as an appraiser by a governmental agency;
12. Entry of a final civil judgment against the person on
grounds of deceit, fraud, or willful or knowing misrepresentation in
the making of any appraisal of real property;
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13. Violating any of the provisions in the code of ethics set
forth in this act title; or
14. Failing to at any time properly identify themselves
according to the specific type of certification held.
D. In a disciplinary proceeding based upon a civil judgment,
the trainee, state licensed, state certified residential or state
certified general real estate appraiser shall be afforded an
opportunity to present matters in mitigation and exten uation, but
may not collaterally attack the civil judgment.
E. 1. A complaint may be filed with the Board against a
trainee or state licensed or state certified appraiser for any
violations relating to a specific transaction of the Oklahoma
Certified Real Estate Appraisers Act by any person who is the
recipient of, relies upon o r uses an appraisal prepared for a
federally related transaction or real -estate-related financial
transaction as described in Section 858 -701 of this title.
2. Any person with kno wledge of any circumstances surrounding
an act or omission by a trainee or s tate licensed or state certified
appraiser involving fraud, dishonesty or misrepresentation in any
real property valuation -related activity, not limited to federally
related transactions, may file a complaint with the Board setting
forth all facts surround ing the act or omission.
3. A complaint may be filed against a trainee or state licensed
or state certified appraiser directly by the Board, if reasonable
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cause exists for violati ons of the code of ethics set forth in this
act.
4. Any complaint filed pur suant to this subsection shall be in
writing and signed by the person filing same and shall be on a form
approved by the Board , either in paper form or filed electronically .
The trainee or state licensed or state certified appraiser shall be
entitled to any hearings or subject to any disciplinary proceedings
provided for in the Oklahoma Certified Real Estate Appraisers Act
based upon any complaint filed pursuant to this subsection.
F. As used in this section:
1. "Substantially relates" means the nature o f criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of cri minal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with othe rs in the occupation.
SECTION 3. This act shall become effe ctive November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
April 17, 2025 - DO PASS