AUTOMOTIVE DAMAGE APPRAISERS
TEST 36 QUESTIONS AND ANSWERS
Authority of the Auto Damage Appraiser
Licensing Board (M.G.L. C. 26 Sec. 8G; 212
CMR 2.01) - answer 2.01: Scope of Regulations
(1) Purpose and Applicability. The purpose of 212 CMR 2.00 is to promote the public welfare
and safety by improving the quality and economy of the appraisal and repair of damaged motor
vehicles. Any licensed appraiser, individual or corporate entitywho employs licensed appraisers
shall be bound by 212 CMR 2.00.
212 CMR 2.00 is intended to be read in conjunction with 211 CMR 133.00, Standards for
the Repair of Damaged Motor Vehicles.
(2) Authority. 212 CMR 2.00 is promulgated under the authority granted to the Auto Damage
Appraiser Licensing Board by M.G.L. c. 26, § 8G, as added by St. 1981, c. 775, § 1.
(3) The Board may from time to time issue Advisory Rulings and shall do so in compliance
with M.G.L. c. 30A, § 8.
(4) Definitions
1.2 Licensing requirements
Qualifications (M.G.L. C. 26 Sec. 8G; 212 CMR
2.02(2)) - answer Any applicant for a license shall be 18 years of age or over
and of good moral character. He or she shall furnish satisfactory proof to the Board that he or
she possesses the educational qualifications required for graduation from high school or that he
or she possesses relevant work experience deemed satisfactory by the Board. No applicant shall
be considered competent unless the applicant has assisted in the preparation of appraisals for
at
least three months under the close supervision of a licensed appraiser. He or she shall complete
,an approved appraisal course or at the Board's discretion work experience may be substituted
for
said schooling.
1.2 Licensing requirements: Process (M.G.L. C. 26 Sec. 8G; 212 CMR 2.02(3)) - answer
Application and Examination Fee for a License. Any applicant for a license shall complete
an application to be prescribed by the Board and shall sign it under the penalties of perjury. He
or she shall submit this application and non-refundable fee of $100 to the Board. After an
application is received and approved, the applicant shall be required to pass an examination
given under the supervision of the Board. All successful applicants will be issued a numbered
license. Any applicant failing to pass an examination, upon the payment of a further
nonrefundable
fee of $50.00, shall be entitled to a reexamination after the expiration of six months
from the date of the last examination. Any applicant failing to pass an examination shall be
allowed to review his or her examination.
1.2 Licensing requirements: Display (M.G.L. C. 26 Sec. 8G; 212 CMR 2.02(1)) - answer
Requirement That License Be Obtained and Displayed. No person in Massachusetts shall
appraise or estimate damages to motor vehicles or otherwise present himself or herself as an
appraiser unless he or she has first obtained a license from the Auto Damage Appraiser
Licensing
Board. This license shall be valid for one year or less and shall be renewed annually on July 1st.
Any appraiser, while making an appraisal, shall carry his or her license and shall, upon request,
display it to any person involved in the claim or to any representative of the Board.
Maintenance and duration (M.G.L. C. 26 Sec.
8G; 212 CMR 2.02(1)(4)) - answer (1) This license shall be valid for one year or less and shall be
renewed annually on July 1st.
(2) Renewal of License. The Board shall mail to each licensed appraiser an application for
, renewal. Such application shall be completed and returned to the Board. Each application shall
be accompanied by a renewal fee of $50.00. After verification of the facts stated on the renewal
application, the Board shall issue a renewal license dated July first, and this license shall expire
on the June thirtieth of the year following. Any licensed appraiser who fails to renew his or her
license within 60 days after notification by the Board of his or her license expiration date, before
again engaging in the practice of a licensed appraiser within the Commonwealth, shall be
required to re-register, pay a penalty fee determined by the Board and any back license fees, or
may be required by the Board to be reexamined and pay applicable fees.
Disciplinary actions
Suspension, revocation,
(M.G.L. C. 26 Sec. 8G; 212 CMR 2.02) - answer (8) Revocation or Suspension of a License. The
Board may revoke or suspend any appraiser's
license at any time for a period not exceeding one year if the Board finds, after a hearing, that
the individual is either not competent or not trustworthy or has committed fraud, deceit, gross
negligence, misconduct, or conflict of interest in the preparation of any motor vehicle damage
report. The following acts or practices by any appraiser are among those that may be
considered
as grounds for revocation or suspension of an appraiser's license:
(a) material misrepresentations knowingly or negligently made in an application for a
license or for its renewal;
(b) material misrepresentations knowingly or negligently made to an owner of a damaged
motor vehicle or to a repair shop regarding the terms or effect of any contract of insurance;
(c) the arrangement of unfair and or unreasonable settlements offered to claimants under
collision, limited collision, comprehensive, or property damage liability coverages;
(d) the causation or facilitation of the overpayment by an insurer of a claim made under
collision, limited collision, comprehensive, or property damage liability coverage as a result
of an inaccurate appraisal;
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