Section 34-27A-5

Rulemaking authority; powers and duties of board; immunity from suit.

(a) The board shall act by a majority vote of its members to adopt administrative rules necessary, from time to time, to carry out this article. Rules of the board shall be adopted in compliance with the Alabama Administrative Procedure Act, Chapter 22 of Title 41.

(b) The board shall have the following powers and duties:

(1) To receive and process applications for licensure for all classifications of real estate appraisers, including, but not limited to, "trainee real property appraiser," "state registered real property appraiser," "licensed real property appraiser," "certified residential real property appraiser," and "certified general real property appraiser" and any subsequent classifications necessary to conform with the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub. L. No. 101-73, and any subsequent regulations issued pursuant thereto.

(2) To establish the administrative procedures for processing applications for licensure for all classifications of real estate appraisers.

(3) To maintain a registry of the names and addresses of people licensed under this article, and to furnish the list annually to the federal agency designated by Congress to receive it.

(4) To retain records and all application materials submitted to it.

(5) To establish the examination specifications when an examination is required by administrative rule for each category of licensed real estate appraiser, to provide or procure appropriate examination questions and answers, and to establish procedures for grading examinations.

(6) To approve or disapprove applications for licensure and issue licenses.

(7) To further define by rule and with respect to each category of licensed real estate appraiser the continuing education requirements for the renewal of a license that will meet the statutory requirements provided in this article. No examinations shall be required on the continuing education except to comply with subsection (c) of Section 34-27A-19.

(8) To review and adopt the standards for the development and communication of real estate appraisals provided in this article which are generally accepted within the appraisal profession and to adopt rules explaining and interpreting the standards.

(9) To establish administrative procedures for disciplinary proceedings conducted pursuant to this article.

(10) To censure, suspend, and revoke licenses pursuant to the disciplinary proceedings provided for in Section 34-27A-21.

(11)a. To hire the executive director of the board and an executive assistant if needed to fulfill the requirements of this article. The executive director shall administer this article, and may employ, subject to the approval of the board, other staff members, consultants, or service contractors as are necessary to discharge the board's duties and administer this article.

b. Notwithstanding any other contrary provision of law, an investigator who contracts with the board may be a practicing licensee of the board.

(12) To perform other functions and duties as may be necessary in carrying out this article, and to adopt necessary and appropriate rules which comply in all respects with requirements of Pub. L. No. 101-73 and any subsequent amendments thereto. Rules shall be adopted within 90 days following completion of the schedule for prescription and adoption of rules by the federal financial institutions regulatory agencies and the resolution trust corporation. Rules shall be adopted and take effect by (i) July 1, 1991, unless an extension is granted by the appraisal subcommittee until December 31, 1991, based on written findings as specified by Section 1119(a)(2) of Pub. L. No. 101-73; or (ii) any other date specified by subsequent act of Congress. All rules issued by the board that govern real estate appraiser licensure and certification shall conform in all respects with the requirements of Pub. L. No. 101-73 and any subsequent amendments thereto and are subject to administrative review under the Administrative Procedure Act and to judicial review by application to the Circuit Court for Montgomery County.

(13) To include in its rules educational requirements for all classes of licensure of real estate appraisers that comply with this article and in all respects comply with the requirements of Pub. L. No. 101-73 and any subsequent amendments thereto or rules issued thereunder.

(c) The members of the board shall be immune from any civil action or criminal prosecution for initiating or assisting in any lawful investigation of the actions of, or any disciplinary proceeding concerning, a licensed real estate appraiser pursuant to this article, or alleged appraisals being made without a license, provided that the action is taken in good faith and in the reasonable belief that the action taken was pursuant to the powers and duties vested in the members of the board under this article.

(Acts 1990, No. 90-639, p. 1175, §5; Acts 1994, No. 94-117, p. 128, §1; Acts 1995, No. 95-308, p. 560, §1; Act 2004-525, p. 1093, §1; Act 2019-282, §1.)