Proposed Amendment

Please provide all comments regarding the below proposed appraisal regulations to Whitney Clark, Associate Attorney at the following address:
NYS Department of State
Division of Licensing Services
PO Box 22001
Albany, NY 12201-2001
or email them to Whitney.Clark@dos.ny.gov.


§1102.3 Appraisal experience schedule
(a) Hours of experience shall be credited to an applicant in accordance with the following schedule. However, to ensure that experience is distributed over a reasonable period of time, an applicant may not claim or be credited with more than 400 experience hours for any calendar quarter
APPRAISAL EXPERIENCE SCHEDULE
Type of Property Appraised Assigned hours cannot exceed

Residential

Residential Single-Family (Single Co-op or Condo).................. 6
Residential Multi-Family (2-4 units) ........................................ 12
Vacant Lot (Residential, 1-4 units) ............................................ 3
Farm (Less than 100 acres, with residence) ............................. 12

General

Land: Farms of 100 acres or more in size,
undeveloped tracts, residential multi-family
sites, commercial sites, industrial sites ................................ 18
Residential Multi-Family (5-12 units):
Apartments, condominiums, townhouses
and mobile home parks........................................................ 36
Residential Multi-Family (13+ units):
Apartments, condominiums, townhouses
and mobile home parks........................................................ 48
Commercial/Industrial Single-Tenant:
Office buildings, R&D, retail stores, restaurants,
service stations, warehouses, day care centers, etc. ............. 36
Commercial/Industrial Multi-Tenant:
Office buildings, R&D, shopping centers,
hotels, warehouses ............................................................... 60
Manufacturing plants ............................................................... 48
Institutional: Rest homes, nursing homes,
hospitals, schools, churches, government
buildings .............................................................................. 48

 

1103.2(e) of Title 19 NYCRR is amended to read as follows:
(e) Course attendance requirements. To satisfactorily complete any appraisal course in this section, a prospective licensee must [physically] attend 100 percent of the required instruction time.
1103.3(i) of Title 19 NYCRR is amended to read as follows:
(i) Attendance. To satisfactorily complete any appraisal course, a prospective licensee shall [physically] attend 100% of the required instruction time. If prospective licensees fail to attend the required instruction time, appraisal schools may, at their discretion, permit the prospective licensees to make up missed subject matter during subsequent classes. Appraisal schools shall not present a final examination to any student who has no completed the attendance requirements.

Sections 1103.12, 1103.13, 1103.14 and 1103.15 of Title 19 NYCRR are added to read as follows:
1103.12 Distance learning
Distance education is defined as any educational process based on the geographical separation of instructor and student. Educational providers who wish to offer distance learning programs must have their programs evaluated and approved in accordance with sections 1103.13, 1103.14 and 1103.15.

1103.13 Distance learning program requirements
(a) Distance learning course material must be divided into major units and the content of those units must be divided into modules of instruction.
(b) Distance learning programs must contain a time-default mechanism for inactivity so that a student does not receive credit when not actively participating in the program.
(c)Providers of distance learning programs must retain a record of each student’s participation in and completion of the distance learning program for a period of three years and shall make these records available for review and inspection by the Department of State, upon request.
(d)Providers of distance learning programs must make an instructor approved pursuant to section 1103.4 of this Part available to students during reasonable business hours to answer questions pertaining to the qualifying course content.
(e) Distance learning courses must include a proctored final examination which must be held at a location within New York State approved by the Department.
(f) Distance learning courses must obtain course delivery mechanism approval from one of the following sources: (1) an AQB approved organization providing approval or course design and delivery, (2) a college that qualifies for content approval and awards academic credit for the distance education course, or (3) a qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporates interactivity.

1103.14 Request for approval of distance learning programs
Applications for approval to conduct distance learning courses of study shall be made 60 days before the proposed course is to be conducted on an application prescribed by the Department.

1103.15 Course completion for distance learning courses
(a) The student must successfully complete a distance learning course within 12 months of starting the program. This shall include, passing the school’s final examination.
(b))Providers of distance learning courses shall provide students with evidence of successful completion of the course in certificate form. The certificate shall include, at a minimum, the following information: the name of the person or entity providing the course, the name of the course, the Department of State issued code number of the approved course provider; a statement that the student has satisfactorily completed a course of study in real estate appraisal approved by the Department of State in accordance with the law. The certificate must be signed by the owner or course coordinator and dated.

Sections 1107.29, 1107.30, 1107.31 and 1107.32 of Title 19 NYCRR are added to read as follows:
1107.29 Distance learning
Distance education is defined as any educational process based on the geographical separation of instructor and student. Educational providers who wish to offer distance learning programs must have their programs evaluated and approved in accordance with sections 1107.30, 1107.31 and 1107.32.

1107.30 Distance learning program requirements
(a) Distance learning course material must be divided into major units and the content of those units must be divided into modules of instruction.
(b) Distance learning programs must contain a time-default mechanism for inactivity so that a student does not receive credit when not actively participating in the program.
(c)Providers of distance learning programs must retain a record of each student’s participation in and completion of the distance learning program for a period of three years and shall make these records available for review and inspection by the Department of State, upon request.
(d)Providers of distance learning programs must make an instructor approved pursuant to section 1107.27 of this Part available to students during reasonable business hours to answer questions pertaining to the qualifying course content.
(e) Distance learning courses must obtain course delivery mechanism approval from one of the following sources: (1) an AQB approved organization providing approval or course design and delivery, (2) a college that qualifies for content approval and awards academic credit for the distance education course, or (3) a qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporates interactivity.

1107.31 Request for approval of distance learning programs
Applications for approval to conduct distance learning courses of study shall be made 60 days before the proposed course is to be conducted on an application prescribed by the Department.

1107.32 Course completion for distance learning courses
(a) The student must successfully complete a distance learning course within 12 months of starting the program.
(b))Providers of distance learning courses shall provide students with evidence of successful completion of the course in certificate form. The certificate shall include, at a minimum, the following information: the name of the person or entity providing the course, the name of the course, the Department of State issued code number of the approved course provider; a statement that the student has satisfactorily completed a course of study in real estate appraisal approved by the Department of State in accordance with the law. The certificate must be signed by the owner or course coordinator and dated.