Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 458.8 - Unlawful practice(a) Prohibition on ad valorem tax valuations.--A person may not perform valuations of real property for ad valorem tax purposes unless the person is currently certified by the board as a Certified Pennsylvania Evaluator.(a.1) Revaluation company personnel.--No revaluation company personnel shall determine the value of real property in this Commonwealth or develop property valuation models for use in this Commonwealth unless currently certified by the board as a Certified Pennsylvania Evaluator.(b) Penalty.--A person who intentionally violates subsection (a) commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of $2,500 or to imprisonment for not more than one year, or both.(c) Injunction.--A violation of subsection (a) may be enjoined by the courts upon petition of the commissioner or the board. In any proceeding under this section, it shall not be necessary to show that any person is individually injured by the actions complained of. If the court finds that the respondent has violated subsection (a), it shall enjoin him or her from so practicing or holding himself or herself out until he or she has been duly certified. Procedure in such cases shall be the same as in any other injunctive suit.(d) Remedy cumulative.--The injunctive remedy provided in this section shall be in addition to any other civil or criminal prosecution and punishment.(e)Civil penalty.--In addition to any other civil remedy or criminal penalty provided in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided by law or by a vote of the majority of the duly qualified and confirmed membership or a minimum of three members, whichever is greater, may, after affording an accused party the opportunity for a hearing as provided in 2 Pa.C.S. (relating to administrative law and procedure), levy a civil penalty of up to $1,000 on any of the following: (1) A current certificate holder who violates a provision of this act.(2) A person who holds himself out as a Certified Pennsylvania Evaluator without being so certified under this act.(3) A person who violates the prohibitions in subsections (a) and (a.1). Amended by P.L. TBD 2020 No. 88, § 7, eff. 4/27/2021. 1992, April 16, P.L. 155, No. 28, § 8, retroactive effective 3/17/1992.