Kansas Attorney General Opinion 1992-006

ROBERT T. STEPHAN
ATTORNEY GENERAL January 10, 1992
ATTORNEY GENERAL OPINION NO. 92- 6
Jean Duncan
Administrative Officer
Kansas Real Estate Appraisal Board
Landon State Office Bldg., Room 501
Topeka, Kansas 66612
Re: Personal and Real Property -- Real Estate
Appraisers -- Certification; When Required; Use of
Title Without Certification
Synopsis: K.S.A. 1990 Supp. 58-4101 et seq., as
amended by L. 1991, ch. 164, prohibits persons
who have not obtained a state issued certificate or
license from assuming or using the title of state
certified or licensed appraiser or any title,
designation or abbreviation likely to create the
impression of state certification. It is our
opinion that the use of the title "Certified Kansas
Appraiser" (CKA) creates the impression of state
certification as a real estate appraiser, and thus,
such designation may not be used by persons unless
they have in fact received a certificate from the
state. Cited herein: K.S.A. 1-201; 7-103; K.S.A.
1990 Supp. 58-4101, 58-4102, 58-4103, 58-4109,
all as amended by L. 1991, ch. 164, SS 1-9;
K.S.A. 65-1808; 65-1901; 65-1114; 65-2801; 74-139;
74-7001; 74-7501; 12 U.S.C. § 3331.
*

Dear Ms. Duncan:
As administrative officer for the Kansas real estate
commission, and on behalf of the Kansas real estate appraisal
board, you request our opinion on whether K.S.A. 58-4103, as
amended, prohibits the use of the designation of "Certified
Kansas Appraiser" (CKA) by persons who are, as yet,
unlicensed and uncertified by the state. This opinion request
results from the use of the CKA designation by members of
the Institute of Certified Kansas Appraisers, Inc. (ICKA).
You also ask whether we believe it appropriate for the
appraisers act to be amended to exempt the members of this
organization from prior certification requirements imposed by
the act, thus allowing them to continue use of the CKA
designation until December 1993.
In 1990 the state legislature enacted K.S.A. 58-4101 et
seq. and created the "state certified real estate
appraisers act." L. 1991, ch. 164 changed the title of the
act to the "state certified and licensed real property
appraisers act." In adopting this act, the Kansas legislature
was cognizant of recent federal action in the same arena; 12
U.S.C. § 3331 et seq. See K.S.A. 1990 Supp.
58-4102(g), as amended by L. 1991, ch. 164, § 2.
K.S.A. 1990 Supp. 58-4103, as amended by L. 1991, ch. 164,
3, provides in pertinent part:
"(a) Except as provided in subsection
(b), no person, other than a state
certified real estate or licensed
appraiser, shall:
"(1) Engage in any written appraisal in
connection with a federally related
transaction for which certification or
licensure is required pursuant to federal
law; or
"(2) assume or use the title of state
certified or licensed appraiser or any
title, designation or abbreviation likely
to create the impression of certification
as a real estate appraiser by this state.
"(b) The board shall recognize on a
temporary basis the certification or

license of an appraiser issued by another
state in accordance with federal law if:
"(1) The property to be appraised is part
of a federally related transaction
pursuant to federal law;
"(2) the appraiser's business in this
state is of a temporary nature; and
"(3) the appraiser registers with the
board, as prescribed by the board."
(Emphasis added).
We do not have information that would lead us to conclude that
K.S.A. 1990 Supp. 58-4103(b), as amended, would apply to the
members of ICKA. For purposes of this opinion we must
therefore assume that individuals using the CKA designation
granted to them by ICKA are not certified or licensed by
another state. Rather, from information provided, it appears
that individuals using the CKA designation granted by ICKA
obtained such a title by complying with requirements
established by that group.
The ICKA was incorporated in 1976 as a private organization,
and in November 1991, it completed a merger with the Kansas
County Appraiser's Association. The provided 1976 by-laws of
ICKA do not establish the procedures or requirements
applicable to an individual seeking CKA designation. The
"synopsis of CKA organization" provided to us briefly
addresses the standards and testing used to decide if an
individual will be given the CKA designation by ICKA.
However, the issue is not whether ICKA has the same or
similar standards or requirements applicable to those being
used by the state. The issue is whether the CKA title may
legally be used by persons who have not obtained an appraiser
certificate or license from the state board. ICKA is not
the entity given licensing or certification authority pursuant
to K.S.A. 1990 Supp. 58-4101 et seq. Rather, this act
permits such certification or licensure by the real estate
appraisal board (board). Unless exempted by subsection (b) of
K.S.A. 1990 Supp. 58-4103, as amended, state law now
requires certification by the board before persons can
engage in the activities set forth in subsection (a) of that
statute. See also K.S.A. 1990 Supp. 58-4102(1), as
amended (definition of "state certified appraiser").
K.S.A. 1990 Supp. 58-4109, as amended by L. 1991, ch. 164,
§ 9, permits the board to issue "transitional licenses" and

subsection (g) of that statute and its amendment provide in
pertinent part:
"(g) The board may approve applications
for transitional licenses received prior
to December 31, 1991, if the board
determines the applicant has met the
education and examination requirements
established for state licensed appraisers.
"A transitional license shall expire on
the next June 30 after issuance and shall
not be renewed more than one time. The
license shall include a statement that it
is a transitional license and that it may
be renewed one time only. If the
transitional license is renewed, the
renewed license shall include a statement
that it may not be renewed and extended
beyond the expiration date appearing on
the license.
"The holder of a transitional license may
obtain forms from the commission to submit
evidence of having completed the
experience requirements established for
state licensed appraisers. If the board
approves issuance of a license prior to
the expiration date of the transitional
license, the applicant shall return the
transitional license to the commission.
"Except as provided in this subsection,
applicants for transitional licenses and
holders of transitional licenses are
subject to all provisions of this act and
any rules and regulations adopted
hereunder."
This provision permits a transitional license to be issued,
provided that an individual obtaining such approval be granted
this transitional license by the board. The individual is
not exempted from the prohibition set forth at K.S.A. 1990
Supp. 58-4103(a), as amended, but rather, may qualify for a
transitional license from the state prior to complete
compliance with the licensing act. Without obtaining
certification or licensure from the board, an individual may

not engage in the activities prohibited by K.S.A. 1990 Supp.
58-4103(a), as amended.
State requirements imposed upon the permissible use of a
professional title or skill, are within the scope of a state's
police power. 51 Am.Jur.2d Licenses, § 14 (1970).
E.g., K.S.A. 7-103 et seq. (attorneys); K.S.A. 74-7501
et seq. (psychologists, social workers and counselors);
K.S.A. 74-139, and 74-7001 et seq. (architects); K.S.A.
1-201 et sect.(accountants); K.S.A. 65-1808 et
seq. (barbers); K.S.A. 65-1901 et seq.
(cosmetologists); K.S.A. 65-1114 et seq. (nurses); and
K.S.A. 65-2801 et seq. (physicians and surgeons).
K.S.A. 1990 Supp. 58-4103(a)(2), as amended, prohibits
unlicensed individuals from assuming or using the title of
state certified appraiser or any other title or designation
likely to create the impression of such certification. We
note that K.S.A. 1990 Supp. 58-4101 et seq. permits
the practice of appraisal by unlicensed persons in some
situations. E.g., K.S.A. 1990 Supp. 58-4103(d), as
amended. However, it is not the practice of appraisal that
subsection (a)(2) speaks to, but rather, the use of a title or
designation. It is not difficult for this office to conclude .
that an individual using the title or designation of
"certified Kansas appraiser" creates the impression that the
person is certified or licensed by the state, pursuant to
K.S.A. 1990 Supp. 58-4301 et seq., as amended. It is
therefore our opinion that such a title or designation should
not be used by an individual unless that person is properly
certified or licensed by the state. Such use may expose the
individual to the class B misdemeanor sanctions authorized by
K.S.A. 1990 Supp. 58-4103(c), as amended.
With regard to your request that we also address the
appropriateness of legislative amendment to allow such
designation to be temporarily used by members of ICKA prior
to their obtaining a state certificate or license, we believe
policy decisions are best left to lawmakers. However, we
would suggest that any such amendment consider time
limitations and provide for some ultimate or final state
action or review of ICKA credentialing procedures. Such
measures could avoid problems with unlawful delegation of
legislative authority.
In conclusion, K.S.A. 1990 Supp. 58-4101 et seq., as
amended by L. 1991, ch. 164, prohibits persons who have not
obtained a state license or certificate from assuming or using

the title of state certified or licensed appraiser or any
title, designation or abbreviation likely to create the
impression of state certification. It is our opinion that the
use of the title "Certified Kansas Appraiser" (CKA) creates
the impression of state certification as a real estate
appraiser, and thus, such designation may not be used by
persons unless they have in fact received a certificate or
license from the state.
Very truly yours,
ROBERT T. STEPHAN
ATTORNEY GENERAL OF KANSAS
Theresa Marcel Nuckolls
Assistant Attorney General
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