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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

24 DE Admin. Code 2930
Pursuant to 24 Del.C. §4006(a)(1), the Delaware Council on Real Estate Appraisers has proposed revisions to its rules and regulations. The rules pertaining to continuing education, temporary permits and crimes substantially related to the practice of real estate appraising are proposed to be amended. A public hearing will be held on June 20, 2017 at 9:30 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments on the amendments to the rules and regulations. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Council on Real Estate Appraisal, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board, c/o Jennifer Witte, at the above address by July 5, 2017, in accordance with 29 Del.C. §10118(a).
2.1.3.4.1 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.
2.1.4.3.3 Appraisers holding a valid Trainee Appraiser credential may satisfy the educational requirements for the Licensed Residential Real Property Appraiser credential by completing the following additional educational hours:
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 Random audits will be performed by the Council to ensure compliance with the CEU requirements. At least 25% of the licensees shall be audited at each renewal. The Council shall have the discretion to increase the percentage of licensees to be audited. Every licensee renewing during the permissible late period after the expiration of the license or certificate will be included in the audit.
2.5.5.1 The seven (7) hour National USPAP Update Course or its equivalent as determined through the AQB Course Approval Program or by an alternate method established by the AQB and
2.5.5.2 Beginning November 1, 2009, and thereafter three (3) hours of education on Delaware Law, Rules and Regulations
2.5.2 Beginning November 1, 2009, and thereafter three (3) hours of education on Delaware Law, Rules and Regulations.
2.11 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.
2.15 Random audits will be performed by the Council to ensure compliance with the CEU requirements. At least 25% of the licensees shall be audited at each renewal. The Council shall have the discretion to increase the percentage of licensees to be audited. Every licensee renewing during the permissible late period after the expiration of the license or certificate will be included in the audit.
2.16 Duplicate License or Certificate Fee
2.16.1 By submitting a written request to the Council and paying the appropriate fee as set by the Division of Professional Regulation, a licensee or certificate holder may obtain a duplicate real property appraiser license, certificate or pocket card to replace an original license, certificate or pocket card which has been lost, damaged, destroyed, or if the name of the licensee or certificate holder has been lawfully changed. A certified copy of a marriage license, divorce decree or court order of a name change must accompany a request for a change of name.
2.17 Federal Appraiser Registry
2.17.1 Licensees and certificate holders are required to be enrolled in the federal roster or registry of state licensed and state certified real property appraisers. The fee established for that purpose shall be paid biennially by the license or certificate holder to the State of Delaware.
2.18 Experience for Initial or Upgade Applications
2.18.1 States must ensure that appraiser experience logs conform to AQB Criteria. States may not accept an affidavit for experience credit claimed by applicants for certification. Effective July 1, 2013, States may not accept an affidavit for experience credit claimed by applicants for any federally recognized credential. The requirements of USPAP shall not apply to the Board, its agents, and employees while conducting an appraisal review for the purposes of confirming an applicant’s experience.
2.18.2 Validation Required
2.18.2.1 States must implement a reliable validation procedure to verify that each applicant’s:
2.18.2.1.1 experience meets AQB Criteria;
2.18.2.1.2 experience is USPAP compliant; and
2.18.2.1.3 experience hours have been successfully completed consistent with AQB Criteria.
2.18.3 Validation Procedures, Objectives and Requirements
2.18.3.1 Selection of Work Product
2.18.3.1.1 Program staff or State board members must select the work product to be analyzed for USPAP compliance; applicants may not have any role in selection of work product. States must analyze a representative sample of the applicant’s work product.
2.18.3.2 USPAP Compliance
2.18.3.2.1 For appraisal experience to be acceptable under AQB Criteria, it must be USPAP compliant. States must exercise due diligence in determining whether submitted documentation of experience or work product demonstrates compliance with USPAP. Persons analyzing work product for USPAP compliance must have sufficient knowledge to make that determination.
2.18.3.3 Determination of Experience Time Periods
2.18.3.3.1 When measuring the experience time period required by AQB Criteria, States must review each appraiser’s experience log and note the dates of the first and last acceptable appraisal activity performed by the applicant. At a minimum, the time period spanned between those appraisal activities must comply with the AQB Criteria.
2.18.3.4 Supporting Documentation
2.18.3.4.1 States must maintain adequate documentation to support validation methods. The applicant’s file, either electronic or paper, must include the information necessary to identify each appraisal assignment selected and analyzed by the State, notes, letters and/or reports prepared by the official(s) evaluating the report for USPAP compliance, and any correspondence exchanged with the applicant regarding the appraisals submitted. This supporting documentation may be discarded upon the completion of the first ASC Compliance Review performed after the credential issuance or denial for that applicant.
5.1 Temporary Practice. The Division of Professional Regulation may grant temporary licensing or certification privileges to an appraiser licensed or certified in another state in accordance with 24 Del.C. §4010. No more than three (3) temporary permits will be granted to the same individual per twelve (12) month period.
5.2 Reciprocity. 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.
11.1.23 Robbery in the first degree; class B felony. 11 Del.C. §832
11.1.46 Unlawfully dealing in child pornography; class D class B felony. 11 Del.C. §1109
11.1.62 Prohibited acts A; class B felony. 16 Del.C. §4751
11.1.64 Knowing or reckless abuse of an infirm adult; class D felony; class E felony; class G felony; class A felony. 31 Del.C. §3913
Last Updated: December 31 1969 19:00:00.
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