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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2015

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24 DE Admin. Code 2930
On January 1, 2015, the Delaware Council on Real Estate Appraisers published proposed changes to its regulations in the Delaware Register of Regulations, Volume 18, Issue 7. The notice was re-published on April 1, 2015 in Volume 18, Issue 10. The notices indicated that written comments would be accepted by the Council, a public hearing would be held, and written comments would be accepted for fifteen days thereafter. After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on April 21, 2015 at a regularly scheduled meeting of the Council on Real Estate Appraisers to receive verbal comments regarding the Council's proposed amendments to its regulations.
Board Exhibit 1 - Affidavit of publication of the public hearing notice in the News Journal; and
Board Exhibit 2 - Affidavit of publication of the public hearing notice in the Delaware State News.
3. Pursuant to 24 Del.C. §4006(a)(1) the Council has the statutory authority to promulgate rules and regulations to implement or clarify specific statutory sections of its statute.
NOW THEREFORE, pursuant to 24 Del.C. §4006(a)(1) and for the reasons set forth above, the Board does hereby ORDER that the regulations be, and that they hereby are, adopted and promulgated as set forth in the Delaware Register of Regulations on January 1, 2015. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations, pursuant to 29 Del.C. §10118(g).
IT IS SO ORDERED this 19th day of May, 2015.
2.1.3 The 2008 qualification criteria established by the AQB will be phased in using the segmented approach. The three AQB components that must be satisfied to obtaining licensure are: education, experience and examination. An applicant must meet the criteria in effect at the time he or she completes one of these components. Therefore, all applicants for certification or licensure must meet the 2008 qualifications criteria established by the AQB for any component completed on or after January 1, 2008. This regulation will become null and void on December 31, 2014. Fourteen (14) hours of continuing education are required after at least 6months but fewer than 12 months of licensure; and
2.5.8 Continuing education credit may be awarded for participation in field trips, conferences, and trade association meetings, excluding travel time, if those activities specifically relate to real estate appraisal education, but for no more than eight (8) hours per licensure period. Continuing education credit may be awarded for attendance at meetings of the Council on Real Estate Appraisers. The meeting for which credit is sought must have been a minimum of one hour in duration and is subject to a one hour per meeting maximum. Continuing education credit for attendance at Council meetings is subject to a three hour per biennial renewal period maximum.
4.2.5 Effective January 1, 2014, a State-certified Supervisory Appraiser shall have been state certified for a minimum of three (3) years prior to being eligible to become a Supervisory Appraiser. A State-certified Supervisory Appraiser shall be in good standing and not have been subject to any disciplinary action within the last three (3) years that affects the Supervisory Appraiser’s legal ability to engage in appraisal practice.
4.3.1 All appraiser trainees must be licensed as required under 24 Del.C. Ch. 40. All qualifying education must be completed within the five (5) year period prior to the date of submission of an application for a trainee appraiser license. A trainee appraiser is permitted to have more than one supervisory appraiser.
The Council may grant a reciprocal license in accordance with 24 Del.C. §4011 to applicants certified or licensed in another state whose requirements for certification or licensure are substantially similar to the State of Delaware.
“Ad valorem taxation purposes” The establishment of the value of real property as determined by a government employee or revaluation company personnel on contract with a governmental entity for real estate tax assessment.
“Appraisal assessing profession” The body of individuals who are deemed to be qualified to perform ad valorem tax appraisals.
“Assessor” A person responsible for the valuation of real property for ad valorem taxation purposes.
“Business with which a licensed assessor is associated” A business in which the licensed assessor or a member of the licensed assessor’s immediate family is a director, officer, owner or employee, or has a financial interest.
“Conflict of interest” A situation in which a licensed assessor uses the licensed assessor’s employment or confidential information received through the course of the employment for the private pecuniary benefit of the licensed assessor, a member of the licensed assessor’s immediate family, or a business with which the licensed assessor or a member of the licensed assessor’s immediate family is associated.
“Financial interest” A financial interest in a legal entity engaged in business for profit which comprises more than 5% of the equity of the business or more than 5% of the assets of the economic interest in indebtedness.
Immediate family” A parent, spouse, child, brother, sister, grandparent or grandchild and, when living in the family household (or under a common roof), all other individuals related by blood or marriage.
“Licensed assessor” An individual who has completed a minimum of 90 hours of basic courses of study covering the appraisal assessing profession and has obtained a certification from the Board.
Real estate tax assessment” A valuation placed on real property for governmental purposes by a government employee or revaluation company personnel on contract with a government.
10.3.1 Application forms. Application forms for certification as a licensed assessor may be obtained from the Division of Professional Regulations.
10.3.2 Application fee. The application form shall be accompanied by the fee for certification as an assessor. The application fee is nonrefundable. Payment shall be in the form of a personal check or money order.
10.6.1 Courses of study. The applicant for certification as an assessor shall submit evidence to the Board of having completed 90 classroom/on-line hours of courses in subjects covering the appraisal assessing profession. The following topics are appropriate, but not exclusive:
10.10.1 Preamble
10.10.2 Standard 1. General duties.
10.10.3 Standard 2. Public review of assessments and records.
10.10.4 Standard 3. Professional qualifications.
10.10.5 Standard 4. Limitations on activities.
10.10.6 Standard 5. Contingent fees.
10.10.7 Standard 6. Advertising and promotion.
10.10.8 Standard 7. Conflict of interest.
Last Updated: December 31 1969 19:00:00.
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