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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2013

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24 DE Admin. Code 2930
The Delaware Council on Real Estate Appraisers, pursuant to 24 Del.C. §4006(a)(1), proposes to revise its rules and regulations. The majority of the proposed revisions to the rules are changes required to come into compliance with the new AQB criteria, additional changes remove the requirement of pre-certification examination for assessors, lower the acceptable late renewal time period from twelve months to sixty days for all licensees and certificate holders.
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.
2.3.1.2 Effective with the licensure period beginning November 1, 2007, fFourteen (14) hours of continuing education are required after at least 6months but fewer than 24 12 months of licensure; and
2.3.1.3 twenty-eight (28) hours of continuing education are required after 24 12 months of licensure by the end of the first renewal cycle.
2.4.1 Attestation may be completed electronically if the renewal is accomplished online. In the alternative, paper renewal documents that contain the attestation of completion may be submitted.
2.5.1 The Council will notify licensees within sixty (60) days after January 31 renewal that they have been selected for audit.
2.5.2 Licensees selected for random audit shall be required to submit verification within ten (10) thirty days of receipt the date of notification of selection for audit.
2.5.4 The Council shall review all documentation submitted by licensees pursuant to the continuing education audit. If the Council determines that the licensee has met the continuing education requirements, his or her license shall remain in effect. If the Council determines that the licensee has not met the continuing education requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the continuing education requirements. Unjustified noncompliance with the continuing education requirements set forth in these rules and regulations shall constitute a violation of 24 Del.C. §4014(a)(5) and the licensee may be subject to one or more of the disciplinary sanctions set forth in 24 Del.C. §4016.
2.5.7.1 Teaching, not including preparation time up to the number of hours spent teaching, for example, a 3 hour class can be submitted for 6 hours if the preparation time was at least 3 hours.
4.2.4 Effective July 1, 2009, any certified or licensed appraiser who has been sanctioned by the Council within the preceding three years shall not be eligible to supervise trainees for three years after the date of completion of the sanction. Where the sanction is a letter of reprimand, the date of completion is the date that the letter is signed and mailed. Where the sanction is a fine, the date of completion is the date that the fine is paid. Where the sanction is probation or suspension, the date of completion is the date when the license is reinstated in full with no restrictions or limitations. State certified or licensed appraisers who were sanctioned by the Council prior to July 1, 2009 are exempt from this provision.
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 successfully completed a comprehensive examination covering all phases of the appraisal process and the assessment function established by the assessment statutes of the State 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.
10.3.3 Approved applications. An approved application will be valid for 1 year from the date of approval. If an applicant does not pass the certification examination within this 1-year period, the applicant’s application will be considered to have been abandoned. If the applicant wishes to take the examination after 1 year from the date of approval, a new application, along with the required fee, shall be reviewed on the basis of statutes and regulations in effect at the time the new application is received by the Board.
10.3.43 Disapproved applications. An applicant whose application has been disapproved by the Board will be notified in writing of the reasons for the disapproval and will have 1 year from the date of disapproval to correct the deficiencies or to file a request for reconsideration. A request for reconsideration shall give the reason for the applicant’s request, shall be accompanied by documentary materials not previously submitted which the applicant wishes the Board to consider and may include a request for an informal interview with the Board. If a request for reconsideration is denied or an applicant is unable to correct the deficiencies which resulted in disapproval of the application within 1 year from the date of disapproval, a new application, along with the required fee, shall be submitted to the Board. An applicant’s new application will be reviewed on the basis of statutes and regulations in effect at the time that the new application is received by the Board.
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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