Connecticut General Statutes/Title 20/Chapter 400g/Section 20-500

CGS § 20-500. Definitions.

As used in this section and sections 20-501 to 20-529f, inclusive, unless the context otherwise requires:

(1) “Appraisal” means the practice of developing, in conformance with the USPAP, an opinion of the value of real property.

(2) “Appraisal Foundation” means the not-for-profit corporation referred to in Section 1121 of Title XI of FIRREA.

(3) “Appraisal management company” means any person, association, corporation, limited liability company or partnership that performs appraisal management services, but does not include:

(A) An appraiser that enters into an oral or written agreement with another appraiser for the performance of an appraisal, which is signed by both appraisers upon completion;

(B) A department or division of an entity that provides appraisal management services exclusively to such entity; or

(C) Any local, state or federal agency or department thereof.

(4) “Appraisal management services” means:

(A) The administration of an appraiser panel;

(B) The recruitment of certified appraisers to be part of an appraiser panel, including, but not limited to, the negotiation of fees to be paid to, and services to be provided by, the certified appraisers for their participation on the appraiser panel; or

(C) The receipt of an appraisal request or order, or an appraisal review request or order, and the delivery of such request or order to an appraiser panel.

(5) “Appraiser panel” means a network of appraisers who are certified in accordance with the requirements established by the commission by regulation, are independent contractors of an appraisal management company and have:

(A) Responded to an invitation, request or solicitation from an appraisal management company to perform appraisals (i) requested or ordered through the appraisal management company, or (ii) directly for the appraisal management company on a periodic basis as assigned by such appraisal management company; and

(B) Been selected and approved by the appraisal management company.

(6) “Bank” has the same meaning as provided in section 36a-2.

(7) “Certified appraiser” means a person who has satisfied the minimum requirements for a category of certification established by the commission by regulation. Such minimum requirements shall be consistent with guidelines established by the Appraisal Qualification Board of the Appraisal Foundation. The categories of certification shall include one category denoted as “certified residential appraiser” and another denoted as “certified general appraiser”. The commission may modify such categories of certification.

(8) “Commission” means the Connecticut Real Estate Appraisal Commission appointed under the provisions of section 20-502.

(9) “Commissioner” means the Commissioner of Consumer Protection.

(10) “Compliance manager” means a person who holds an appraiser certification in at least one state and is responsible for overseeing the implementation of, and compliance with, procedures for an appraisal management company to:

(A) Verify that a person being added to the appraiser panel of the appraisal management company holds a license in good standing in accordance with section 20-509;

(B) Maintain detailed records of each appraisal request or order the appraisal management company receives and of the appraiser who performs such appraisal; and

(C) Review on a periodic basis the work of all appraisers performing appraisals for the appraisal management company to ensure that such appraisals are being conducted in accordance with the USPAP.

(11) “Controlling person” means a person who has not had an appraiser license, similar license or appraiser certificate denied, refused renewal, suspended or revoked in any state and:

(A) Is a director, officer or owner of an association, corporation, limited liability company or partnership offering or seeking to offer appraisal management services in this state;

(B) Is employed by an appraisal management company and has the authority to enter into agreements or contracts for the performance of appraisal management services or appraisals, or is appointed or authorized by such appraisal management company to enter into such agreements or contracts; or

(C) May exercise authority over, or direct the management or policies of, an appraisal management company.

(12) “Engaging in the real estate appraisal business” means the act or process of estimating the value of real estate for a fee or other valuable consideration.

(13) “Federally regulated appraisal management company” means an appraisal management company that is owned and controlled by an insured depository institution, as defined in 12 USC 1813, as amended from time to time, and regulated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System or the Federal Deposit Insurance Corporation.

(14) “Financial institution” means a bank, out-of-state bank or institutional lender, an affiliate or subsidiary of a bank, out-of-state bank or institutional lender or another lender licensed by the Department of Banking.

(15) “FIRREA” means the Financial Institutions, Reform, Recovery and Enforcement Act of 1989, P.L. 101-73, 103 Stat. 183, as amended from time to time.

(16) “Out-of-state bank” has the same meaning as provided in section 36a-2.

(17) “Person” means an individual.

(18) “Provisional appraiser” means a person engaged in the business of estimating the value of real estate for a fee or other valuable consideration under the supervision of a certified real estate appraiser and who meets the minimum requirements, if any, established by the commission by regulation for provisional appraiser status.

(19) “Provisional license” means a license issued to a provisional appraiser.

(20) “Real estate appraiser” or “appraiser” means a person engaged in the business of estimating the value of real estate for a fee or other valuable consideration.

(21) “USPAP” means the Uniform Standards of Professional Appraisal Practice issued by the Appraisal Standards Board of the Appraisal Foundation pursuant to Title XI of FIRREA.

Short History

(P.A. 93-354, S. 25, 54; P.A. 94-36, S. 41, 42; P.A. 95-79, S. 71, 189; P.A. 98-10, S. 67; P.A. 00-192, S. 54, 102; P.A. 10-77, S. 1; P.A. 14-52, S. 1; P.A. 19-177, S. 32; P.A. 21-37, S. 2; P.A. 22-104, S. 43; P.A. 24-142, S. 4.)

Long History

History: P.A. 93-354 effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; P.A. 98-10 deleted former Subdiv. (6) as obsolete, renumbered former Subdivs. (7) to (11) as Subdivs. (6) to (10) and made other technical changes; P.A. 00-192 amended Subdivs. (3) and (7) by changing “tenured appraiser” to “limited appraiser” and amended Subdiv. (8) to delete partnership, association, limited liability company or corporation from the definition of “person”, effective May 26, 2000 (Revisor's note: In P.A. 00-192, S. 54, an opening bracket following an underscored period appeared in Subdiv. (8) without a corresponding closing bracket. After research, it is the opinion of the Revisors that the General Assembly intended to delete the phrase “, partnership, association, limited liability company or corporation.” from Subdiv. (8) while retaining all of the text of Subdivs. (9) and (10)); P.A. 10-77 applied definitions to Secs. 20-529 to 20-529e, defined “appraisal”, “appraisal management company”, “appraisal management services”, “appraiser panel”, “commissioner”, “compliance manager”, “controlling person” and “USPAP” in new Subdivs. (1), (3) to (5), (9) to (11) and (18), respectively, and redesignated existing Subdivs. (1) to (10) as Subdivs. (2), (6) to (8) and (12) to (17), respectively (Revisor's note: In 2011, a reference to “Banking Department” in Subdiv. (3)(B) was changed editorially by the Revisors to “Department of Banking” for accuracy); P.A. 14-52 deleted references to licensed appraisers throughout, deleted former Subdiv. (7) re definition of “limited appraiser”, redesignated existing Subdivs. (8) to (13) as Subdivs. (7) to (12), redefined “controlling person” in redesignated Subdiv. (10), deleted former Subdiv. (14) re definition of “licensed appraiser”, redesignated existing Subdivs. (15) and (16) as Subdivs. (13) and (14), added new Subdiv. (15) defining “provisional license”, redesignated existing Subdivs. (17) and (18) as Subdivs. (16) and (17), redefined “USPAP” in redesignated Subdiv. (17), and made technical changes, effective July 1, 2014; P.A. 19-177 amended Subdiv. (4) by redefining “appraisal management services”, effective July 9, 2019; P.A. 21-37 amended Subdiv. (3)(B) to delete former clauses (i) and (ii) and replace with provision re “subsidiary owned and controlled by a financial institution regulated by a federal financial institution regulatory agency”, effective July 1, 2021; P.A. 22-104 substituted reference to Sec. 20-501 for reference to Sec. 20-500, redesignated provisions defining “financial institution” in Subdivs. (3)(B) and (C) as new Subdiv. (13), added new Subdiv. (6) defining “bank”, redesignated existing Subdivs. (6) to (11) as Subdivs. (7) to (12), redesignated existing Subdiv. (12) as Subdiv. (14), added new Subdiv. (15) defining “out-of-state bank”, redesignated existing Subdivs. (13) to (17) as Subdivs. (16) to (20), and made technical and conforming changes, effective May 24, 2022; P.A. 24-142 redefined “appraisal management company” in Subdiv. (3) by deleting former Subpara. (B) re appraisal management company that is subsidiary owned and controlled by federally regulated financial institution and redesignating existing Subparas. (C) and (D) as Subparas. (B) and (C), added new Subdiv. (13) defining “federally regulated appraisal management company”, redesignated existing Subdivs. (13) to (20) as Subdivs. (14) to (21), and redefined “FIRREA” in redesignated Subdiv. (15) by adding “as amended from time to time”, effective June 6, 2024.

Citations

Testifying in court re the value of real property does not constitute “engaging in the real estate appraisal business” for purposes of the statutory scheme. 320 C. 332.

Court did not improperly allow testimony of expert witness who was not a “real estate appraiser”, as defined in section, and testifying as to the value of property or diminution in value of property did not constitute “engaging in the real estate appraisal business” under section. 121 CA 105.

NextCGS § 20-501. Certification or provisional license requirement.