§ 93E-1-5. Appraisal Board.
§ 93E‑1‑5. Appraisal Board.
(a) There is createdthe North Carolina Appraisal Board for the purposes set forth in this Chapter.The Board shall consist of nine members. The Governor shall appoint fivemembers of the Board, and the General Assembly shall appoint four members inaccordance with G.S. 120‑121, two upon the recommendation of thePresident Pro Tempore of the Senate and two upon the recommendation of theSpeaker of the House of Representatives. Members appointed by the Governorshall be appointed from geographically diverse areas of the State. Theappointees recommended by the Speaker of the House of Representatives and theappointees of the Governor shall be persons who have been engaged in thebusiness of real estate appraising in this State for at least five yearsimmediately preceding their appointment and are also State‑licensed orState‑certified real estate appraisers. No more than three of theappointees may be members of the same appraiser trade organization at any onetime. The appointees recommended by the President Pro Tempore of the Senateshall be a person not involved directly or indirectly in the real estate, realestate appraisal, or the real estate lending industry. Members of the Boardshall serve three‑year terms, so staggered that the terms of threemembers expire in one year, the terms of three members expire in the next year,and the terms of three members expire in the third year of each three‑yearperiod. The members of the Board shall elect one of their members to serve as chairmanof the Board for a term of one year. The Governor may remove any member of theBoard appointed by the Governor for misconduct, incompetency, or neglect ofduty. The General Assembly may remove any member appointed by it for the samereasons. Successors shall be appointed by the appointing authority making theoriginal appointment. All vacancies occurring on the Board shall be filled, forthe unexpired term, by the appointing authority making the originalappointment. Vacancies in appointments made by the General Assembly shall befilled in accordance with G.S. 120‑122. Initial terms of office commencedJuly 1, 1994.
(b) The Board is anoccupational licensing agency governed by Chapter 150B of the General Statutes;its decisions are final agency decisions subject to judicial review underArticle 4 of Chapter 150B of the General Statutes.
(c) Members of theBoard shall be paid the per diem, subsistence, and travel allowances at therates set forth in G.S. 93B‑5; provided that none of the expenses of theBoard or the compensation or expenses of any officer or employee thereof shallbe payable out of the treasury of the State of North Carolina; the totalexpenses of the administration of this Chapter shall not exceed the totalincome therefrom; and neither the Board nor any officer or employee thereofshall have any power or authority to make or incur any expense, debt, or otherfinancial obligation binding upon the State of North Carolina.
(d) The Board shalladopt a seal for its use, which shall bear thereon the words "NorthCarolina Appraisal Board". Copies of all papers in the office of the Boardduly certified and authenticated by the seal of the Board shall be received inevidence in all courts and administrative bodies and with like effect as theoriginals.
(e) The Board mayemploy an Executive Director and professional and clerical staff as may benecessary to carry out the provisions of this Chapter and to put into effectthe rules that the Board may promulgate. The Board shall fix salaries. The Boardshall have the authority to issue to its employees credentials or other meansof identification.
(f) The Board shall beentitled to the services of the Attorney General in connection with the affairsof the Board or may, in its discretion, employ an attorney to assist orrepresent it in the enforcement of this Chapter.
(g) The Board mayprefer a complaint for violation of this Chapter before any court of competentjurisdiction, and it may take the necessary legal steps through the properlegal offices of the State to enforce the provisions of this Chapter.
(h) The Board shallhave the power to acquire, hold, rent, encumber, alienate, and otherwise dealwith real property in the same manner as a private person or corporation,subject only to the approval of the Governor and the Council of State.Collateral pledged by the Board for an encumbrance is limited to the assets,income, and revenues of the Board.
(i) The Board maypurchase, rent, or lease equipment and supplies and purchase liabilityinsurance or other insurance to cover the activities of the Board, itsoperations, or its employees. (1993, c. 419, s. 6; 1995, c. 482, s. 5; 1996, 2ndEx. Sess., c. 15, s. 16; 2001‑399, s. 1; 2008‑177, s. 6(a).)