Section 36.281. Standards of Professional Conduct

Preamble

Certified Pennsylvania evaluators shall comply with the act and this subchapter and conform to the standards of professional conduct in this section. Certified Pennsylvania evaluators who fail to adhere to these standards will be subject to professional discipline under section 7(a)(6) of the act (63 P. S. § 458.7(a)(6)).

Standard 1. General duties.

Certified Pennsylvania evaluators shall perform their duties in accordance with the general and specific county assessment laws and generally accepted assessment standards. Certified Pennsylvania evaluators shall perform all assessments in accordance with USPAP. Certified Pennsylvania evaluators may obtain a copy of the current edition of USPAP by writing, telephoning or e-mailing the Appraisal Foundation at 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517, [phone] or [e-mail], respectively.

Standard 2. Public review of assessments and records.

Certified Pennsylvania evaluators shall make property assessments available for public review and shall make all other records in their custody available for public review unless access to the records is specifically limited or prohibited by law or the information has been obtained on a confidential basis and the law permits the information to be treated confidentially.

Standard 3. Professional qualifications.

Certified Pennsylvania evaluators shall use professional designations only when they are properly authorized to do so. Certified Pennsylvania evaluators may not claim qualifications that are false, misleading or deceptive.

Standard 4. Limitations on activities.

Certified Pennsylvania evaluators may not perform assessment and appraisal-related assignments that could reasonably be construed as being in conflict with their responsibilities to their jurisdictions, employers or clients, in which they have unrevealed personal interests or biases, or that they are not qualified to perform.

Standard 5. Contingent fees.

Certified Pennsylvania evaluators may not perform an assessment or appraisal-related assignment if the employment itself is contingent upon the reporting of a predetermined analysis or opinion, or if the fee to be paid for the performance of the assignment is contingent upon the opinion, conclusion or valuation reached, or upon the consequences resulting from the assignment.

Standard 6. Advertising and promotion.

Certified Pennsylvania evaluators may not make false, misleading or deceptive statements or claims in advertising or promotions to solicit assessment and appraisal-related assignments.

Standard 7. Conflict of interest.

Certified Pennsylvania evaluators who are government employees may not solicit or perform assessment and appraisal-related assignments that could create conflicts of interest or the appearance of conflicts of interest.

Standard 8. Reporting of unethical practices.

Certified Pennsylvania evaluators shall report unethical practices or other similar actions or activities which may discredit or reflect adversely upon the appraisal or assessment profession to the Complaints Office of the Bureau of Professional and Occupational Affairs by telephoning the Complaints Office at [phone] or by submitting a written complaint to the Complaints Officer of the Bureau of Professional and Occupational Affairs, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649.

The provisions of this § 36.281 adopted April 24, 1998, effective April 25, 1998, 28 Pa.B. 1941; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3367. Immediately preceding text appears at serial pages (243755) to (243757).

Notation

Authority

The provisions of this § 36.281 issued under sections 3 and 7(a)(2) of the Assessors Certification Act (63 P. S. § § 458.3 and 458.7(a)(6)); amended under sections 5(2), 6(f) and 10(b) of the Real Estate Appraisers Certification Act (63 P. S. § § 457.5(2), 457.6(f) and 457.10(b)); and sections 3, 4(d) and 12 of the Assessors Certification Act (63 P. S. § § 458.3, 458.4(d) and 458.12).