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-.05 - Applications

Universal Citation: GA Rules and Regs r 539-1-.05

Current through Rules and Regulations filed through March 20, 2024

(1) Applications for an appraiser classification, for an appraisal management company registration, for renewal of an appraiser classification, for renewal of an appraisal management company registration, for any change in status of an appraiser classification, for approval of schools and instructors, for renewal of school and instructor approvals, and for any change of information required to be filed with the Board, except a name change or a change of address, must be on Board approved forms. Each Board approved form may require the email address of an applicant if an email address is maintained by such applicant.

(a) Any such application, change of information, or fee required to be filed with the Board may be filed with the Board by:
1. personal delivery to the Board's offices during regular business hours;

2. mail in a letter postmarked by the United States Postal Service; or

3. private courier or delivery service.

(b) Any application that does not require the payment of a fee may be filed by electronic facsimile (fax) transmission.

(c) The effective date of the filing of the application or fee shall be the United States Postal Service postmarked date, if mailed, or if otherwise filed, the date the Board dates the receipt of the application or fee. In the event that receipt by the Board of an application or fee occurs later than the deadline for the filing of such application or fee, the applicant or appraiser shall bear the burden of proof that the application or fee was timely filed.

(2) If a candidate for classification, an applicant, or an appraiser submits an application on a form that is no longer in use by the Board and pays the correct fee in effect on the date of the application, the Board may require the applicant or appraiser to submit a new application on its latest form at no further cost to the applicant or appraiser.

(3) An appraiser, a candidate for classification, an applicant for an appraisal management company registration, an applicant to be a controlling person in an appraisal management company, any owner of an appraisal management company, or an applicant for an appraiser classification must supply all information requested on any form that the applicant or appraiser submits to the Board. Failure to supply all information shall cause the application to be incomplete. An application is incomplete if the applicant or the candidate for classification fails to include the proper fee, to attach any required documents, to provide all requested biographical or other data, to include required signatures, or to include legible responses. Failing to disclose each and every criminal conviction, as defined by O.C.G.A. § 43-39A-14(a), or classification or license disciplinary action that the applicant may have in this state or any other jurisdiction may constitute a falsified application.

(4) The Board shall return any incomplete application, or any obsolete application, or any application on a non-approved form to a candidate for classification, an applicant, or an appraiser by mail at either (a) the address listed on the incomplete or incorrect application or (b) the last known business address of record in the Board's files if the incomplete or incorrect application contains no address. The candidate for classification, the applicant, or the appraiser must correct any deficiencies noted by the Board on such application within fourteen (14) days of the Board's mailing notice of the deficiency to the candidate for classification, the applicant, or the appraiser. If no response is received by the Board within thirty (30) days of the Board's mailing notice of the deficiency, the application shall be viewed as abandoned, any fee paid forfeited, and the candidate for classification, the applicant, or the appraiser must submit a new application and fee in order to complete the transaction.

(5) After making an original application for an appraiser classification to the Board, the applicant shall not commence real estate appraisal activities under such appraiser classification until he or she has received a wall certificate of classification and pocket card from the Board.

(6) Duplicate wall certificates and/or pocket cards shall be issued upon satisfactory proof of loss of the original.

(7) The Board will provide reasonable accommodations to a qualified candidate for classification with a disability in accordance with the Americans With Disabilities Act. The request for an accommodation by an individual with a disability must be made in writing and received in the Board office by the application deadline along with the appropriate documentation, as indicated in the Request for Disability Accommodation Guidelines.

(8) Whenever an applicant or a candidate for classification submits to the Board an original application on paper for classification as, including but not limited to, a registered, licensed, or certified appraiser; for an appraisal management company registration; or for approval as a school or instructor, the Board shall maintain the paper record for a period of fifteen years and may then destroy the application. Whenever an appraiser submits any other application to the Board on paper, the Board shall maintain the paper record for a period of one year and may then destroy the application. The Board shall maintain all electronic licensing records for a period of at least 15 years.

(9) The Board shall maintain investigative files under the following schedules:

(a) forty years for all investigative files in which the Board imposes a disciplinary action; and

(b) fifteen years for all other investigative files.

(10) No more than 60 days prior to making application, each applicant for an appraiser classification, controlling person of an applicant appraisal management company, any individual with a direct ownership interest exceeding 50% of an applicant appraisal management company, an instructor approval, or the Director of a school applying for approval shall obtain, at the applicant's expense, and attach to the applicant's application for classification a certified criminal history report issued by the Georgia Crime Information Center of the Georgia Bureau of Investigation indicating whether the applicant has any record of a criminal history. If that report indicates that the applicant has a record in another jurisdiction, the applicant must, at the applicant's expense, provide any necessary fingerprints, fees, authorization, or other requirements for the Board to obtain a Federal Crime Information Center report from the Federal Bureau of Investigation. If the criminal history report of such a candidate for classification reveals a prior criminal conviction(s) or if the candidate for classification has a prior professional classification or license disciplinary action, the candidate for classification shall comply with the provisions in paragraphs (8) and (9) of this rule and said candidate for classification shall be subject to the provisions of 43-40-15 (a) et seq.

(11) A candidate for classification or an applicant for classification who has moved to Georgia from another state or a candidate for classification or an applicant for classification for non-resident classification may be granted a classification without further examination or education if such candidate for classification produces, from the regulatory body of each state that has classified the candidate or applicant for licensure, an original certification issued no more than six months prior to the candidate or applicant for licensure making application for licensure that shows that the candidate or applicant for licensure:

1. has passed an examination for the type of classification for which such candidate for classification seeks classification in Georgia;

2. has met all preclassification and continuing education requirements required by such other state(s) for that classification;

3. is classified in good standing at the time of the certification; and

4. has not had any formal disciplinary action imposed by such state's licensing body.

Rather than the written certification required of applicants by this paragraph, the Board, in its sole discretion, may choose to accept some electronic form of the certified data from other states, which applicants must submit, or by some other procedure that reduces paperwork. A candidate for classification whose certification does not comply with all of the conditions in this paragraph must take and pass the qualifying examination for the Georgia classification that such candidate for classification seeks.

(12) An applicant appraisal management company must, with its application for registration, include evidence of having obtained a surety bond of not less than $20,000 coverage. The evidentiary documentation must include the name of the bond issuer and policy number of the bond.

(13) An appraisal management company whose registration has lapsed for failure to pay its renewal fee may apply as an original applicant only once five years have passed from the date of lapsing.

(14) Military Spouses and Transitioning Service Member Applications.

Effective July 1, 2017, military spouses and transitioning service members may qualify for expedited processing of any license application submitted to the Board by showing that the applicant is a military spouse or transitioning service member and that the applicant has paid the fee and meets the requirements for a license under the law and rules for the type of license for which the applicant has applied.

O.C.G.A. §§ 43-39A-3, 43-39A-7, 43-39A-8, 43-39A-9, 43-39A-11, 43-39A-13, 43-39A-14, 43-39A-15, 43-39A-16, 43-39A-22, 43-39A-22.1.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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