Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 160-T
Continuing education
Executive (EXC) CHAPTER 18, ARTICLE 6-E
§ 160-t. Continuing education. 1. As a prerequisite to recertification
or renewal of license, a certified or licensed real estate appraiser
shall present evidence satisfactory to the department of having met the
continuing education requirements, if any, pursuant to this article.

2. The basic continuing education requirement for recertification or
renewal of license shall be the completion by the applicant, during the
immediately preceding term of certification or license, of not less than
twenty-eight classroom hours of instruction in courses or seminars which
have received the approval of the department. Computer based and
distance learning courses may be approved by the department so long as
providers demonstrate the ability to monitor and verify participation by
the real estate appraiser for the specified time periods.

3. In lieu of meeting the requirements of subdivision two of this
section an applicant for recertification or renewal of license may
satisfy all or part of the requirements by presenting evidence of the
following:

a. Completion of an educational program of study determined by the
department to be equivalent, for continuing education purposes, to
courses approved by the department pursuant to subdivision two of this
section; or

b. Participation other than as a student in educational processes and
programs approved by the department which relate to real property
appraisal theory, practices or techniques, including, but not
necessarily limited to, teaching, program development and preparation of
textbooks, monographs, articles and other instructional materials.

4. The secretary of state or her duly appointed designee shall adopt
regulations upon recommendation by the board for implementations of the
provisions of this article to assure that persons renewing their
certifications as state certified real estate appraisers or licenses as
state licensed real estate appraisers have current knowledge of real
property appraisal theories, practices and techniques which will provide
a high degree of service and protection to those members of the public
with whom they deal in a professional relationship under authority of
the certification or license. The regulations shall prescribe the
following:

a. Policies and procedures for obtaining departmental approval of
courses of instruction pursuant to subdivision two of this section;

b. Standards, policies and procedures to be applied by the department
in evaluating applicant's claims of equivalency in accordance with
subdivision three of this section;

c. Standards, monitoring methods and systems for recording attendance
to be employed by course sponsors as a prerequisite to department
approval of courses for credit.

5. In adopting regulations pursuant to paragraph a of subdivision four
of this section, the board shall give favorable consideration to courses
of instruction, seminars and other real property appraisal educational
courses or programs previously or hereafter developed by or under the
auspices of professional appraisal organizations and utilized by those
associations for purposes of designation or indicating compliance with
the continuing education requirements of such organizations.

6. No amendment or repeal of a regulation adopted by the secretary of
state or her duly appointed designee pursuant to this section shall
operate to deprive a state certified real estate appraiser of credit
toward recertification, or a state licensed real estate appraiser of
credit toward renewal of license, for any course of instruction
completed by the applicant prior to the amendment or repeal of the
regulation which would have qualified for continuing education credit
under the regulation as it existed prior to the repeal or amendment.

7. A certification as a state certified real estate appraiser, or a
license as a state licensed real estate appraiser, that has been revoked
as a result of disciplinary action by the department shall not be
reinstated unless the applicant presents evidence of completion of the
continuing education required by this article. This requirement of
evidence of continuing education shall not be imposed upon any applicant
for reinstatement who has been required to successfully complete the
examination for state certified or licensed real estate appraiser as a
condition to reinstatement of certification or license.

8. The board shall prescribe the continuing education requirements for
licensed real estate appraiser assistants; provided, however, that in no
event shall such requirements be less than the minimum criteria
established by the Appraisal Subcommittee of the Federal Financial
Institutions Examination Council or by the Appraiser Qualification Board
of the Appraisal Foundation as referred to in title XI of the Financial
Institutions Reform, Recovery and Enforcement Act of 1989.