Compilation of Rules and Regulations of the State of Georgia
Department 539 - RULES OF GEORGIA REAL ESTATE APPRAISERS BOARD
Chapter 539-1 - SUBSTANTIVE REGULATIONS
Rule 539-1-.01A - Definitions

Universal Citation: GA Rules and Regs r 539-1-.01A

Current through Rules and Regulations filed through March 20, 2024

(1) Terms Defined by 43-39A-2. As used in this Chapter and Chapters 539-2, 539-3, 539-4, and 539-5 the terms "analysis," "appraisal," "appraisal management company," "appraisal management services," "appraisal report," "appraisal review," "Appraisal Subcommittee," "appraiser," "appraiser classification," "appraiser panel," "board," "certified appraisal," "client," "commission," "commissioner," "controlling person," "evaluation assignment," "federally related transaction," "independent appraisal assignment," "owner," "person," "real estate," "real estate appraisal activity," "real estate related financial transaction," "real property," "specialized services," "state," "valuation," and "valuation assignment" have the same definitions as provided for in O.C.G.A. Section 43-39A-2.

(2) Other Terms. As used in this Chapter and Chapters 520-2, 520-3, 520-4, and 520-5 the term:

(a) "Applicant" means any person who has submitted a complete Board-approved application in proper form accompanied by the proper fee. The Board shall consider an application to be in proper form only after the applicant has completed all of the applicable requirements for the appraiser classification, for the appraisal management company registration, or for an approval as set forth in O.C.G.A. Chapter 43-39A and in any Chapter of the Board's Rules and Regulations;

(b) "Candidate for classification" means any person who is in the process of completing the requirements for a classification as set forth in O.C.G.A. Chapter 43-39A and in any Chapter of the Board's Rules and Regulations, but who has not successfully completed all of them.

(c) "Credible real estate appraisal explanation" means one worthy of belief and one in which the relevant evidence and logic supports the appraisal assignment's intended use;

(d) "Customer" means a person who has not entered into an agreement for an independent appraisal assignment with an appraiser who holds a classification issued by the Board but for whom an appraiser may perform ministerial acts related to an appraisal assignment;

(e) "Disposition Value" means an opinion of value that, as specified by the client, is established on an exposure period of less than the average market exposure.

(f) "Liquidation Value" means an opinion of value that, as specified by the client, is established on an exposure period of significantly less than the average market exposure;

(g) "Military" means the United States armed forces, including the National Guard;

(h) "Military Spouse" means a spouse of a service member or transitioning service member;

(i) "Ministerial acts" means those acts that an appraiser performs for a person and that do not require discretion or the exercise of the appraiser's own judgment;

(j) "Reliable source" means a source of information typically used by in the area of the assignment and reasonably relied upon by appraisers in the ordinary course of business. The term "reliable source" does not assure the accuracy of all data in the source;

(k) "Service Member" means an active or reserve member of the armed forces, including the National Guard;

(l) "Statutory overnight delivery" means delivery of a document through the United States Postal Service or through a commercial firm that is regularly engaged in the business of document delivery or document and package delivery in which the sender:
1. has directed that delivery be not later than the next business day following the day on which the document is received for delivery by the United States Postal Service or the commercial firm and

2. receives a receipt acknowledging receipt of the document signed by addressee or an agent of the addressee; and

(m) "Transitioning Service Member" means a member of the military on active duty status or on separation leave who is within twenty-four months of retirement or twelve months of separation.

O.C.G.A. §§ 43-39A-3, 43-39A-13.

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