Cal. Code Regs. Tit. 10, § 3500 - Meaning of Words and General Definitions

(a) Words shall have their usual meaning unless the context or a definition clearly indicates a different meaning. Words used in their present tense include the future tense and words in the singular form include the plural form. Use of the word "shall" or "must" denotes mandatory conduct; "may" denotes permissive conduct; and "should" denotes recommended conduct.

(b) As used in these regulations, the following words and phrases shall have the following definitions:

(1) "Applicant" means a natural person who has made application to be a State Licensed Real Estate Appraiser, a State Certified Real Estate Appraiser, a Course Provider or a person who has applied for a Trainee License, a Reciprocal License or a Temporary Practice Permit. Applicant also means an entity or Controlling Person that has applied for a Certificate of Registration as an Appraisal Management Company;

(2) "Appraisal management company" means any person or entity as defined in Business and Professions Code section 11302.

(3) "Appraisal management services" as defined in Business and Professions Code section 11302.

(4) "Appraisal Standards Board (ASB)" means the board of The Appraisal Foundation;

(5) "Appraisal Subcommittee (ASC)" means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council;

(6) "Appraiser" means an individual who holds a license issued by the Bureau of Real Estate Appraisers;

(7) "Appraiser Qualifications Board (AQB)" means the subcommittee of The Appraisal Foundation. The "Appraiser Qualifications Board" (AQB) is the board of The Appraisal Foundation which promulgates the minimum national requirements for licensure for licensed appraisers. The minimum national requirements include the interpretations and clarifications of the appraiser qualifications criteria issued by AQB;

(8) "Asynchronous" means any distance education course where course instruction and licensee participation in the course do not occur simultaneously and that requires completing and passing an assessment or examination of the course content at the conclusion of course instruction.

(9) "Bias" means basing, either partially or completely, an analysis or opinion of market value upon any of the personal characteristics or criteria listed in Section 11424 of the Business and Professions Code.

(10) "BREA" means the California Bureau of Real Estate Appraisers;

(11) "Bureau" means the California Bureau of Real Estate Appraisers;

(12) "Certificate of Registration" means a certificate issued by the California Bureau of Real Estate Appraisers verifying the registration of a person or entity as approved to conduct business in California as an Appraisal Management Company.

(13) "Chief" means the Chief of BREA or their designee;

(14) "Controlling Person" means one or more of the following:

(A) An officer or director of an Appraisal Management Company, or an individual that holds 10% or greater ownership interest in an Appraisal Management Company.

(B) An individual employed, appointed or authorized by an Appraisal Management Company that has the authority to enter into a contractual relationship with clients for the performance of appraisal services and that has the authority to enter into agreements with independent appraisers for the completion of appraisals.

(C) An individual who possesses the power to direct or cause the direction of the management or policies of an Appraisal Management Company.

(15) "Course Provider" means a person or organization that has been approved by the Bureau of Real Estate Appraisers to provide educational courses within the parameters set forth herein.

(16) "Designated Officer" means a Controlling Person authorized by the governing structure of the Appraisal Management Company to act on behalf of the company for purposes of application for, and compliance with, a Certificate of Registration to operate as an Appraisal Management Company pursuant to California law. The Designated Officer shall be responsible for the supervision and control of activities conducted on behalf of the Appraisal Management Company by its officers and employees as necessary to secure full compliance with the Real Estate Appraisers' Licensing and Certification Law and these regulations as related to Appraisal Management Companies.

(17) "Distance Education" means transmission of instruction to students at a location separate from the educational provider's location.

(18) "FIRREA" means the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Public Law 101-73 and any amendments thereto;

(19) "Non-residential property" means all other property except one to four unit residential structures and land suitable for one to four unit residential use;

(20) "Registrant" means a person or entity authorized to conduct business as an Appraisal Management Company in California through issuance of a Certificate of Registration by the California Bureau of Real Estate Appraisers.

(21) "Registration" means the procedures and requirements with which a person or entity shall comply in order to qualify to conduct business as an Appraisal Management Company;

(22) "Residential property" means real property containing, and land suitable for, four or fewer residential units.

(23) "Synchronous Distance Education" means any distance education course and any form of systematic learning where the instructor and students interact simultaneously.

(24) "Uniform Standards of Professional Appraisal Practice; (USPAP)" means those standards as adopted by the Appraisal Standards Board of the Appraisal Foundation.

Notes

Cal. Code Regs. Tit. 10, § 3500

1. New chapter 6.5, article 1 and section filed 6-7-94; operative 6-7-94 (Register 94, No. 23). For prior history, see Register 93, No. 8.
2. Amendment of section and NOTE filed 11-1-96; operative 11-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 44).
3. Amendment of subsection (b)(1), new subsection (b)(6), subsection renumbering and amendment of NOTE filed 8-8-2006; operative 9-7-2006 (Register 2006, No. 32).
4. Amendment filed 1-21-2010 as an emergency; operative 1-21-2010 (Register 2010, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-20-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment refiled 7-21-2010 as an emergency; operative 7-21-2010 (Register 2010, No. 30). A Certificate of Compliance must be transmitted to OAL by 10-19-2010 or emergency language will be repealed by operation of law on the following day.
6. Amendment refiled 10-18-2010 as an emergency; operative 10-18-2010 (Register 2010, No. 43). A Certificate of Compliance must be transmitted to OAL by 1-18-2011 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-18-2010 order transmitted to OAL 12-17-2010 and filed 1-31-2011 (Register 2011, No. 5).
8. Change without regulatory effect amending subsections (b)(5), (b)(7), (b)(9), (b)(11) and (b)(14)-(16) filed 2-11-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 7).
9. Amendment of section and NOTE filed 2-20-2019; operative 4-1-2019 (Register 2019, No. 8).
10. Amendment of subsections (b)(8)-(23), including additions, repealers and renumbers and amendment of NOTE filed 2-1-2023; operative 2-1-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 5).

Note: Authority cited: Sections 11313, 11314, 11350 and 11361, Business and Professions Code. Reference: Sections 10, 11302, 11310, 11360, 11361 and 11424, Business and Professions Code.

1. New chapter 6.5, article 1 and section filed 6-7-94; operative 6-7-94 (Register 94, No. 23). For prior history, see Register 93, No. 8.
2. Amendment of section and Note filed 11-1-96; operative 11-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 44).
3. Amendment of subsection (b)(1), new subsection (b)(6), subsection renumbering and amendment of Note filed 8-8-2006; operative 9-7-2006 (Register 2006, No. 32).
4. Amendment filed 1-21-2010 as an emergency; operative 1-21-2010 (Register 2010, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-20-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment refiled 7-21-2010 as an emergency; operative 7-21-2010 (Register 2010, No. 30). A Certificate of Compliance must be transmitted to OAL by 10-19-2010 or emergency language will be repealed by operation of law on the following day.
6. Amendment refiled 10-18-2010 as an emergency; operative 10-18-2010 (Register 2010, No. 43). A Certificate of Compliance must be transmitted to OAL by 1-18-2011 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-18-2010 order transmitted to OAL 12-17-2010 and filed 1-31-2011 (Register 2011, No. 5).
8. Change without regulatory effect amending subsections (b)(5), (b)(7), (b)(9), (b)(11) and (b)(14)-(16) filed 2-11-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 7).
9. Amendment of section and Note filed 2-20-2019; operative 4/1/2019 (Register 2019, No. 8).
10. Amendment of subsections (b)(8)-(23), including additions, repealers and renumbers and amendment of NOTE filed 2-1-2023; operative 2/1/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 5).