N.J. Admin. Code § 13:40A-8.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:40A-8.1 - Certification or licensure by reciprocity

(a) Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Board shall issue a real estate appraiser license or certification to any person who documents that the person holds a valid, current corresponding license or certification in good standing issued by another state, if:

1. The Board determines that the state that issued the license or certification at the time of issuance meets or exceeds the minimum qualification criteria established by the Appraisal Qualifications Board of the Appraisal Foundation and the standards for licensure and certification as set forth in this chapter; and

2. The requirements of (b) below are satisfied.

(b) Prior to the issuance of the license or certification, the Board shall have received:

1. Documentation reasonably satisfactory to the Board that the applicant's license or certification in the other state is in good standing;

2. The results of a criminal history record background check of the files of the Criminal Justice Information Services Division in the Federal Bureau of Investigation and of the State Bureau of Identification in the Division of State Police do not disclose a conviction for a disqualifying crime; and

3. Designation of an agent in this State for service of process, if the applicant is not a State resident and does not have an office in this State.

(c) For purposes of this section, "good standing" means that:

1. No action has been taken against the applicant's license or certification by any licensing board;

2. No action adversely affecting the applicant's privileges to practice real estate appraising has been taken by any out-of-State institution, organization, or employer;

3. No disciplinary proceeding is pending that could affect the applicant's privileges to practice real estate appraising;

4. All fines levied by any out-of-State board have been paid; and

5. There is no pending or final action by any criminal authority for violation of law or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, New Jersey, or any other state, including but not limited to: criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or lewdness; or any offense involving any controlled dangerous substance or controlled dangerous substance analog.

(d) For purposes of this section, a "substantially equivalent" examination need not be identical to the current examination requirements of this State, but such examination shall be nationally recognized and of comparable scope and rigor.

(e) The Board, after the licensee has been given notice and an opportunity to be heard, may revoke any license or certification based on a license or certification issued by another state obtained through fraud, deception, or misrepresentation.

N.J. Admin. Code § 13:40A-8.1

Amended by 46 N.J.R. 1747(c), effective 8/4/2014.

Amended by 47 N.J.R. 802(a), effective 4/20/2015.

Amended by 51 N.J.R. 1124(a), effective 7/1/2019