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.

Section 1101.4 of 19 NYCRR is amended to read as follows:

§1101.4 Scope of practice for a licensed real estate appraiser assistant

(a) The scope of practice for a licensed real estate appraiser assistant is the appraisal of those real properties that the supervising appraiser is permitted to appraise.
(b) A licensed real estate appraiser assistant shall be directly supervised by a supervising real estate appraiser who shall be a State [licensed or ]certified real estate appraiser and who shall be registered with the department in accordance with 19 NYCRR 1103.4. The supervising real estate appraiser shall be responsible for the training and direct supervision of the appraiser assistant by:
(1) accepting responsibility for the appraisal report by signing and certifying the report;
(2) reviewing the appraiser assistant’s work and reports; and
(3) personally inspecting each appraised property with the appraiser assistant until the supervising appraiser determines that the appraiser assistant is competent to conduct inspection on his or her own, in accordance with the competency rule of USPAP for the property type.
(c) An appraiser assistant may have more than one supervising appraiser, but an appraiser assistant must have at least one supervising appraiser for each appraisal assignment.
(d) An appraiser assistant and his or her supervising appraiser shall jointly maintain an appraisal log, which shall include, at a minimum, the following for each appraisal:
(1) the type of property;
(2) the client name and address;
(3) the address of the appraised property;
(4) a description of the work performed by the appraiser assistant and the scope of review and supervision of the supervising appraiser;
(5) the number of work hours; [and]
(6) the signature and the State [license/]certification number of the supervising appraiser[.] ; and
(7) the date of the report.
(e) An appraiser assistant shall maintain a separate appraisal log for each supervising appraiser.
(f) An appraiser assistant shall be entitled to obtain copies of the appraisal reports he or she prepared. The supervising appraiser shall keep copies of those appraisal reports for a period of five years or at least two years after final disposition of any judicial proceedings in which the supervising appraiser provided testimony related to the assignment, whichever period expires last.

§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.

§1103.4 Instructors and Supervising Appraisers
(a) Instructor qualifications. Each approved appraisal school may have its own instructor qualification requirements. In addition prospective instructors must apply to the Department for approval and must present evidence of the following AQB approved qualifications:
(1) Licensed residential course instructor. Persons wishing to become an approved instructor of a licensed appraisal course must provide evidence of having obtained a general or residential appraiser certification or State licensed appraiser classification in New York or any other state, or must pass the NYS licensed, residential or general appraiser examination.
(2) Certified residential course instructor. Persons wishing to become an approved instructor of a certified residential appraisal course must provide evidence of having obtained a general or residential appraiser certification in New York or any other state or must pass the NYS certified residential or general appraiser examination.
(3) Certified general course instructor. Persons wishing to be-come an approved instructor of a certified general appraisal course must provide evidence of having obtained a general appraiser certification in New York or any other state or must pass the NYS certified general appraiser examination.
(4) USPAP. Persons wishing to become an approved instructor of the National USPAP appraisal course must be certified by the Appraisal Qualifications Board as a certified USPAP instructor and must be either a certified residential appraiser or a certified general appraiser. For the purpose of this subdivision, the instructor may be a certified appraiser in NYS or any other state.
[(5) Any individual who has had a real estate broker or salesperson license, or an appraiser certification or license revoked or suspended is ineligible to receive approval as an instructor.]
(b) Supervising appraiser qualifications. Persons wishing to become a supervisor of one or more appraiser assistants must provide evidence of having a general or residential appraiser certification in New York State and must have been state certified for a minimum of three years.
[(b)] (c) Ineligibility. An individual who has had a real estate broker, salesperson or an appraisal license or certification revoked or suspended within the last three years is ineligible to receive instructor approval from the Department and is ineligible to supervise appraiser assistants.
[(c)] (d) Instructor fees. All instructors must pay the Department a one time instructor application fee of $50.00. Those instructors who must also pass an appraiser examination to qualify to be a NYS approved instructor shall also pay an examination application fee $25.00. The successful completion of said examination may be applied toward the examination requirement for certification/licensure. Fees shall be payable on submission of the application or applications and are non-refundable.

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.

Section 1104.1 of Title 19 NYCRR is amended to read as follows:

§1104.1 Certification and licensing by reciprocity
An applicant may be certified or licensed in the State of New York without examination and without further qualification if the applicant provides proof, satisfactory to the Department of State:
(a) that the applicant is certified or licensed in another state or territory; and
(b) that the certification and licensing requirements of that state or territory meet the following criteria:
(1) the state or territory’s certification and licensing program has not been disapproved by the appraisal subcommittee of the Federal Financial Institutions Examination Council pursuant to title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989;
(2) the state or territory’s examination has been approved by the Appraiser Qualification Board of the Appraisal Foundation; and
(3) the state or territory has licensing and certification qualification requirements that meet or exceed those of New York.[entered into a reciprocal agreement with the State of New York to ensure that both states will recognize the other’s certification and licensing programs].

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.


 


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