12 U.S.C. § 3345

Certification and licensing requirements

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(a) In general

For purposes of this chapter, the term “State certified real estate appraiser” means any individual who has satisfied the requirements for State certification in a State or territory whose criteria for certification as a real estate appraiser currently meets the minimum criteria for certification issued by the Appraiser Qualification Board of the Appraisal Foundation.

(b) Restriction

No individual shall be a State certified real estate appraiser under this section unless such individual has achieved a passing grade upon a suitable examination administered by a State or territory that is consistent with and equivalent to the Uniform State Certification Examination issued or endorsed by the Appraiser Qualification Board of the Appraisal Foundation.

As used in this section, the term “State licensed appraiser” means an individual who has satisfied the requirements for State licensing in a State or territory whose criteria for the licensing of a real estate appraiser currently meet or exceed the minimum criteria issued by the Appraisal Qualifications Board of The Appraisal Foundation for the licensing of real estate appraisers.

(d) Additional qualification criteria

Nothing in this chapter shall be construed to prevent any Federal agency or instrumentality under this chapter from establishing such additional qualification criteria as may be necessary or appropriate to carry out the statutory responsibilities of such department, agency, or instrumentality.

(e) Minimum qualification requirements

Any requirements established for individuals in the position of “Trainee Appraiser” and “Supervisory Appraiser” shall meet or exceed the minimum qualification requirements of the Appraiser Qualifications Board of The Appraisal Foundation. The Appraisal Subcommittee shall have the authority to enforce these requirements.

(Pub. L. 101–73, title XI, § 1116, Aug. 9, 1989, 103 Stat. 515; Pub. L. 102–233, title VII, § 701(a), Dec. 12, 1991, 105 Stat. 1792; Pub. L. 102–242, title IV, § 472(a), Dec. 19, 1991, 105 Stat. 2386; Pub. L. 102–550, title XVI, § 1617(a), Oct. 28, 1992, 106 Stat. 4096; Pub. L. 111–203, title XIV, § 1473(j), July 21, 2010, 124 Stat. 2195.)Editorial NotesAmendments

2010—Subsec. (c). Pub. L. 111–203, § 1473(j)(1), inserted “whose criteria for the licensing of a real estate appraiser currently meet or exceed the minimum criteria issued by the Appraisal Qualifications Board of The Appraisal Foundation for the licensing of real estate appraisers” before the period at end.

Subsec. (e). Pub. L. 111–203, § 1473(j)(2), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “The Appraisal Subcommittee shall not set qualifications or experience requirements for the States in licensing real estate appraisers, including a de minimus standard. Recommendations of the Subcommittee shall be nonbinding on the States.”

1992—Subsec. (e). Pub. L. 102–550, § 1617(a), repealed Pub. L. 102–233, § 701(a). See 1991 Amendment note below.

1991—Subsec. (e). Pub. L. 102–242 added subsec. (e) prohibiting Appraisal Subcommittee from setting qualifications or experience requirements, including a de minimis standard.

Pub. L. 102–233, § 701(a), which added subsec. (e) prohibiting Appraisal Subcommittee from setting qualifications or experience requirements, was repealed by Pub. L. 102–550, § 1617(a). See Construction of 1991 Amendment note below.

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the date on which final regulations implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under section 1601 of Title 15, Commerce and Trade.

Construction of 1991 Amendment

Pub. L. 102–550, title XVI, § 1617(b), Oct. 28, 1992, 106 Stat. 4096, provided that: “No amendments made by title VII of the Resolution Trust Corporation Refinancing, Restructuring, and Improvement Act of 1991 [amending this section and section 3348 of this title] shall be deemed to have taken effect before the date of the enactment of this Act [Oct. 28, 1992] and the provisions of law amended by title VII shall continue in effect as if no such amendments had been made by such title.”

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2000–2022 · leading case: Bolden v. KB HOME, 618 F. Supp. 2d 1196 (C.D. Cal. 2008).

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Bolden v. KB HOME, 618 F. Supp. 2d 1196 (C.D. Cal. 2008). “§§ 3342-43 , 3349, the FIRREA delegated responsibility for certification and licensing of appraisers to the states in accordance with other specified requirements, see 12 U.S.C. § 3345 . To “implement the policy of Congress as expressed in [FIRREA] and to establish a state…”

Immelt v. State of Washington Dep't of Licensing Real Est. Appraiser Prog. (W.D. Wash. 2022). “16 12 U.S.C. § 3345 (c) (emphasis added). It does not purport to preempt more stringent state 17 law requirements; it sets forth a minimum and expressly permits states to impose more 18 stringent requirements.”

Sorlie v. Dept. of Com., 2000 MT 253N (Mont. 2000). “" 12 U.S.C. § 3345 . Rather than impose specific requirements regarding state licensing, FIRREA provides that the Appraisal Subcommittee will not recognize appraiser certifications and licenses from States whose appraisal policies, practices, or procedures are found to be…”

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