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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2014

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24 DE Admin. Code 2930
On November 1, 2013, the Delaware Council of Real Estate Appraisers published proposed changes to its regulations in the Delaware Register of Regulations, Volume 17, Issue 5. This notice further indicated that written comments would be accepted by the Board for thirty days, 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 January 21, 2014 at a regularly scheduled meeting of the Delaware Council of 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 statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute.
NOW THEREFORE, pursuant to 24 Del.C. §4006(a)(1) and for the reasons set forth above, the Council of Real Estate Appraisers 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 November 1, 2013. 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).
SO ORDERED this 18th day of February, 2014.
DELAWARE COUNCIL OF REAL ESTATE APPRAISERS
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 Fourteen (14) hours of continuing education are required after at least 6months but fewer than 12 months of licensure; and
2.5.11 Beginning November 1, 2009, and thereafter, at least 14 hours per licensure period must be taken in a traditional classroom setting, with an instructor. If a licensee is licensed for at least 6 months but fewer than 12 months of licensure, at least 7 hours per licensure period must be taken in a traditional classroom setting with an instructor.
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.
10.3.3 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.
10.5.1.3 Have successfully completed a minimum of 90 classroom qualifying education hours of courses of study in subjects covering the appraisal assessing profession, including coverage of the topics in Section 10.6 (relating to required courses of study).
10.5.43 Applicants who hold a certified residential or certified general appraiser license from the Board do not need a certification as an assessor, but may practice assessing in this state.
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:
10.6.1 Courses of study. The applicant for certification as an assessor shall submit evidence to the Board of having completed 90 classroom hours of courses in subjects covering the appraisal assessing profession. The following topics are appropriate, but not exclusive:
10.7.2 A licensed assessor whose initial certification becomes effective between January 1 and June 30 of a biennial renewal year will not be required to furnish proof of continuing education as a condition of biennial renewal of certification in that biennial renewal year. No continuing education is required for fewer than 12 months of licensure.
10.7.3.1 Attestation may must be completed electronically if since the renewal is accomplished online. In the alternative, paper renewal documents that contain the attestation of completion may be submitted.
10.7.4.1 The Council will notify licensed assessors within sixty (60) days after January 31 renewal that they have been selected for audit.
10.7.4.2 Licensed assessors selected for random audit shall be required to submit verification within ten (10) thirty (30) days of receipt the date of notification of selection for audit.
10.7.5 The Council shall review all documentation submitted by assessors pursuant to the continuing education audit. If the Council determines that the assessor has met the continuing education requirements, his or her license shall remain in effect. If the Council determines that the assessor has not met the continuing education requirements, the assessor 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 assessor may be subject to one or more of the disciplinary sanctions set forth in 24 Del.C. §4016.
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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