Guam § 30112 - Non-resident Certification.

§ 30112. Non-resident Certification.

(a) Based upon the premise that the appraiser=s home state=s

certification program has not been disapproved by the Appraisal

Subcommittee of the Federal Financial Institutions Examination Council

(FFIEC), a non-resident may be certified as a real estate appraiser upon

compliance with all the provisions and conditions of this Act. Any person

who is certified to practice real estate appraising in another state, or territory

of the United States, or in the District of Columbia, who, in the opinion of

the Director, meets the qualifications and requirements for certification in

Guam, shall be entitled to receive a certificate under this Act, upon

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submission of a duly certified copy of his or her certification from such

other state, or territory of the United States, or from the District of

Columbia, and any other information the Director may require, and the

payment of the appropriate fee; provided, however, that the laws of such

state, or territory of the United States, or of the District of Columbia, accord

equal reciprocal rights to a certified real estate appraiser in good standing in

Guam who desires to practice his or her profession in such state, or territory

of the United States, or in the District of Columbia; provided, that no

proceeding is pending against such appraiser under this Act or is

unresolved. In any such application for a certificate, all questions of the

academic and experience requirements of other states, or territories of the

United States, or of the District of Columbia, shall be determined by the

Director, and at the discretion of the Director, the reciprocal or non-resident

appraisal applicant must comply with additional requirements specified by

the Director in his regulations.

(b) A non-resident appraiser shall not be required to maintain a place

of business in Guam if he or she maintains an active place of business in the

state of domicile. Every non-resident appraiser shall file an irrevocable

consent agreeing that in lawsuits and actions arising out of any appraisal

work performed in Guam, the service of legal process on the Director shall

be valid and binding in all courts as if due service of process had been made

directly upon the non-resident appraiser in Guam. In case any such process

is served upon the Director, he or she shall forward a copy of the process,

by registered mail, to the main office of the licensee against which the

process is directed.

(c) The Director shall issue to any certified real estate appraiser of

Guam who is in good standing in Guam in accordance with regulations

issued by the Director, a Certificate of Good Standing upon payment of a

fee in an amount provided in the regulations.

(d) The Director is authorized to enter into reciprocity agreements with

other states including the Commonwealth of the Northern Mariana Islands,

for the licensing of Licensed Appraiser and Certified Appraiser, upon the

condition that each party to the reciprocity agreement shall:

(1) readily accept other states== certifications and licenses without

the reexamination of applicants== underlying education and experience,

provided that the other state: (a) has appraiser qualification criteria that

meet or exceed the minimum standards for certification and licensure

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as adopted by the Appraiser Qualifications Board (AQB); and (b) uses

appraiser certification or licensing examinations that are endorsed by

AQB.;

(2) eliminate testing, provided that the applicant has passed the

appropriate AQB endorsed appraiser certification and licensing

examinations in the appraiser=s home state;

(3) recognize and accept successfully completed continuing

education courses taken to qualify for license or certification renewal

in the appraiser==s home state; and

(4) the licensing fees or certification fees are identical in amount

to the corresponding fees for Guam licensed or certified appraisers