department of state
Division of Professional Regulation
final
ORDER
A public hearing was held on February 21, 2006 before the Council on Real Estate Appraisers after due notice was published in the Delaware Register of Regulations on January 1, 2006 (9 DE Reg. 1040 01-01-06) and two Delaware newspapers. The Council considered the proposed changes to the Rules and Regulations during its regularly scheduled meeting that followed. The proposed changes, in part, implement House Bill 73 of the 143rd General Assembly.
Summary of the Evidence and Information Submitted
Ben Henson, Executive Director, from The Appraisal Subcommittee, offered written comments in a letter dated February 13, 2006 which are summarized herein.
There are clerical changes necessary to 4.2.4 (‘within’ in lieu of ‘with’) and 7.1.1 (‘its’ in lieu of ‘it’). It addition, the correct address of the Appraisal Foundation is 1155 15th Street, NW, Suite 1111, Washington, D.C. 20005. He requests changes in Regulation 2.0 Appraiser Licensing and Certification.
Proposed Regulation 2.3.2.1 should read “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”
Proposed Regulation 2.3.5 should read “Continuing education credit may be awarded for participation in field trips, conferences, and trade association meetings if those activities specifically relate to real estate appraisal education.”
Current Regulation 2.3.7 should be replaced with “The Delaware Council on Real Estate Appraisers may approve the content of a distance education course after approval of the delivery mechanism is approved from one of the following sources:
2.3.7.1 AQB approved organizations providing approval of course design and delivery, such as the International Distance Education Certification Center (IDECC);
2.3.7.2 A college that qualifies for content approval and awards academic credit for the distance education course; or
2.3.7.3 A qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporates interactivity;
No verbal comment was received at the public hearing.
Findings of Fact With Respect to the Evidence and Information Submitted
The Council finds that the proposed changes are necessary to implement House Bill 73 codified in Chapter 40 of Title 24 of the Delaware Code.
The published proposal will be modified to incorporate the changes recommended by the Executive Director of The Appraisal Subcommittee except that the Council retains the 8 hour limit in proposed 2.3.5. In addition, the clerical changes should be made as noted above to Regulations 4.2.4 and 7.1.1. The Council finds that the changes are non-substantive. Accordingly, the Council finds that further publication of the draft is not required.
Decision and Effective Date
The Council on Real Estate Appraisers hereby adopts the proposed Regulations as modified herein to be effective 10 days after publication of this order in the Delaware Register of Regulations.
Text and Citation
The text remains as published in 9 DE Reg. 1040 (01-01-06) with the following substitutions:
2.1.2 A summary of the criteria set by the AQB is available from the Division of Professional Regulation and designated “Informational Supplement to the Regulations.” The Supplement is regularly updated by the Council but the most current information is available directly from The Appraisal Foundation, 1155 15th Street, NW, Suite 1111, Washington, DC 20005.
2.3.2.1 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
2.3.5 Continuing education credit may be awarded for participation in field trips, conferences, and trade association meetings, excluding travel time, that relate to real estate appraisal education, but for no more that eight (8) hours per licensure period.
2.3.7 The Delaware Council on Real Estate Appraisers may approve the content of a distance education course after approval of the delivery mechanism is approved from one of the following sources:
2.3.7.1 AQB approved organizations providing approval of course design and delivery, such as the International Distance Education Certification Center (IDECC);
2.3.7.2 A college that qualifies for content approval and awards academic credit for the distance education course; or
2.3.7.3 A qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporates interactivity;
SO ORDERED THIS 21st day of February, 2006.
COUNCIL ON REAL ESTATE APPRAISERS
Donald E. West, Chair
Charles Witt, Vice Chair
George Fantini
Richard W. Bauermeister
Stephen R. Huston
2930 Council on Real Estate Appraisers
1.0 Application for Appraiser License or Certificate
1.1 Application
A person who wishes to file an application for a real property appraiser license or certificate may obtain the required form upon request to the Council. In general, the form calls for information such as the applicant’s name and address, the applicant’s social security number, places of residence and employment, experience, education, and other information as may be necessary to identify the applicant and review the applicant’s qualifications for licensure or certification.
1.2 Filing and Fees
1.2.1 Properly completed applications together with the appropriate fee(s) must be received in the Council’s office prior to scheduling the examination.
1.2.2 A processing fee set by the Division of Professional Regulation will be charged for the following:
1.2.2.1 Initial application and licensure for appraiser trainee license
1.2.2.2 Initial application and licensure for licensed real property appraiser license
1.2.2.3 Initial application and certification for certified residential real property appraiser certificate
1.2.2.4 Initial application and certification for certified general real property appraiser certificate
1.2.2.5 Renewal fee
1.2.2.6 Duplicate license and certificate fee
1.2.2.7 Roster fee
1.2.2.8 Federal Appraiser Registry fee
1.2.2.9 Letter of Good Standing
1.2.2.10 Copies of the Uniform Standards of Professional Appraisal Practice
1.2.3 Fees shall be made payable to the “State of Delaware,” and mailed to the Delaware Council on Real Estate Appraisers, Cannon Building, Suite 203, 861 Silver Lake Boulevard, Dover, Delaware 19904. For further information, please contact the Administrative Assistant to the Council at (302) 739-4522 744-4500.
4 DE Reg. 1504 (03/01/01)
9 DE Reg. 1377 (03/01/06)
2.0 Appraiser Licensing and Certification
2.1 Qualifications for Appraiser Licensure and Certification
2.1.1 Applicants for certification as a state certified general or residential real property appraiser shall satisfy the qualification requirements stated in 24 Del.C. §2936, which adopts by reference “Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Public Law 101-73, and any subsequent amendments thereto or any regulations promulgated thereunder” and “qualification criteria established by the Appraiser Qualifications Board of the Appraisal Foundation and any subsequent amendments thereto.” A summary of the criteria set by the Appraiser Qualification Board (AQB) is available from the Division of Professional Regulation and designated “Informational Supplement to the Regulations.” The Supplement is regularly updated by the Council but the most current information is available directly from the AQB whose address and website are provided on the Supplement. The qualifications for licensure or certification shall be the criteria established by the Appraisal Qualifications Board (AQB) of The Appraisal Foundation for:
2.1.1.1 certified general real property appraiser;
2.1.1.2 certified residential real property appraiser;
2.1.1.3 licensed real property appraiser; and
2.1.1.4 trainee real property appraiser.
2.1.2 Applicants for licensure as a State licensed real property appraiser shall satisfy the qualification criteria established by the Appraisal Qualifications Board of the Appraisal Foundation and any subsequent amendments thereto. A summary of the criteria set by the Appraiser Qualification Board (AQB) is available from the Division of Professional Regulation and designated “Informational Supplement to the Regulations.” The Supplement is regularly updated by the Council but the most current information is available directly from the AQB whose address and website are provided on the Supplement.
2.1.3 Applicants for licensure as a state licensed appraiser trainee shall satisfy the qualification criteria established by the Appraisal Qualifications Board of the Appraisal Foundation and any subsequent amendments thereto. A summary of the criteria set by the Appraiser Qualification Board (AQB) is available from the Division of Professional Regulation and designated “Informational Supplement to the Regulations.” The Supplement is regularly updated by the Council but the most current information is available directly from the AQB whose address and website are provided on the Supplement
2.1.2 A summary of the criteria set by the AQB is available from the Division of Professional Regulation and designated "Informational Supplement to the Regulations." The Supplement is regularly updated by the Council but the most current information is available directly from The Appraisal Foundation, [1029 Vermont Avenue, NW, Suite 900 1155 15th Street, NW, Suite 1111] Washington, DC 20005[-3517] or at www.appraisalfoundation.org.
2.1.3 Effective January 1, 2008 all applicants for certification or licensure must meet the 2008 qualifications criteria established by the AQB.
2.2 License and Certificate Renewal
2.2.1 In September of each odd numbered year, the Division of Professional Regulation will send renewal notices to the mailing address on file of all licensees and certificate holders. Certificates and licenses will expire on October 31st of each odd numbered year.
2.2.2 As a condition of renewal, all licensees and certificate holders, either resident or reciprocal, shall be required to satisfy the continuing education requirements set forth in rule 2.3 of this Section.
2.2.3 A licensee or certificate holder shall not perform appraisals after a license has expired. A licensee or certificate holder may renew a certificate or license within 12 months of its expiration. After 12 months, the individual must reapply as a new applicant.
2.2.4 A licensee or certificate holder may apply for inactive status for a period not to exceed 6 years if he or she is not performing appraisals in Delaware.
2.2.4.1 Persons with in an inactive license or certificate must complete the same continuing education requirement as active licensees or certificate holders. Evidence of completion is due at renewal as provide in Rule 2.3.
2.2.4.2 An inactive license or certificate can be reactivated by notifying the Council in writing.
2.3 Continuing Education
2.3.1 As a prerequisite to renewal, all licensees and certificate holders are required to present evidence of continuing education satisfactory to the Council according to the following schedule:
2.3.1.1 no continuing education is required for fewer than 12 months of licensure required;
2.3.1.2 fourteen (14) hours of continuing education are required after at least 12 months but fewer than 24 months of licensure; and
2.3.1.3 twenty-eight (28) hours of continuing education are required after 24 months of licensure.
2.3.2 As a prerequisite to renewal of all licensees and certificate holders, a seminar dealing with updating of Uniform Standards of Professional Appraisal Practice (USPAP) or a seminar dealing with USPAP shall be required in each license period. A minimum of four (4) hours will be required. The seminars must be approved by the Council. This provision will be superseded by the 7-hour National SUSPAP Update Course which will be required for any renewal after October 31, 2003. All licensees and certificate holders, except as provided in 2.3.1.1, must complete as a condition of each renewal:
2.3.2.1 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
2.3.2.2 a two (2) hour course on Delaware Law, Rules and Regulations
2.3.3 Programs must be structured to maintain or increase an appraiser’s skill, knowledge, and competency in real estate appraising. The following topics are appropriate but not exclusive:
2.3.3.1 Influences on real estate value
2.3.3.2 Legal consideration of appraisal
2.3.3.3 Types of value
2.3.3.4 Real estate markets and analysis
2.3.3.5 Valuation process
2.3.3.6 Property description
2.3.3.7 Highest and best use
2.3.3.8 Appraisal math & statistics
2.3.3.9 Sales comparison approach
2.3.3.10 Site value
2.3.3.11 Cost approach
2.3.3.12 Income approach
2.3.3.12.1 Estimation of income and expenses
2.3.3.12.2 Operating statement ratios
2.3.3.12.3 Direct capitalization
2.3.3.12.4 Cash flow estimates
2.3.3.12.5 Measures of cash flow
2.3.3.12.6 Discounted cash flow analysis
2.3.3.12.7 Gross rent multiplier analysis
2.3.3.13 Valuation of partial interests
2.3.3.14 Appraisal standards and ethics
2.3.3.15 Narrative report writing
2.3.3.16 Appraisal Statistical concepts
2.3.3.17 Ad valorem taxation
2.3.3.18 Arbitration
2.3.3.19 Business courses related to real estate appraisal
2.3.3.20 Development cost estimating
2.3.3.21 Ethics and standards of professional practice
2.3.3.22 Land use planning, zoning and taxation
2.3.3.23 Management, leasing, brokerage, timesharing
2.3.3.24 Property development
2.3.3.25 Real estate appraisal (valuations/evaluations)
2.3.3.26 Real estate financing and investment
2.3.3.27 Real estate law
2.3.3.28 Real estate litigation
2.3.3.29 Real estate appraisal related computer applications
2.3.3.30 Real estate securities and syndication
2.3.3.31 Real property exchange
2.3.3.32 Delaware law and regulations
2.3.4 Continuing education credit, up to 14 hours per licensure cycle, may also be granted for participation, other than as a student, in:
2.3.4.1 Teaching, 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.
2.3.4.2 Program development
2.3.4.3 Authorship of textbooks
2.3.5 [Continuing education credit may be awarded for participation in] Ffield trips, conferences, and trade association meetings[, if those activities specifically relate to real estate appraisal education excluding travel time, that relate to real estate appraisal may qualify but for no more than either (8) hours per licensure period.]
2.3.6 A creditable hour is defined as fifty minutes out of each sixty minute segment. The educational offering must be at least two hours.
2.3.7 [Distance learning courses may be approved by Council for content as long as the provider fulfils one of the following requirements: The Delaware Council on Real Estate Appraisers may approve the content of a distance education course after approval of the delivery mechanism is approved from one of the following sources:]
2.3.7.1 [The course is presented in an instructional setting with a person qualified to answer questions, provide information, and monitor attendance; or AQB approved organizations providing approval of course design and delivery, such as the International Distance Education Certification Center (IDECC);]
2.3.7.2 [The course is offered by an accredited college or university that offers distance learning in other disciplines or by an institution approved by the American Council on Education’s program on Non-collegiate Sponsored Instruction. The student must successfully complete a written examination. If the examination is not required for accreditation, the student must complete the course mechanisms that demonstrate mastery and fluency; or A college that qualifies for content approval and awards academic credit for the distance education course; or]
2.3.7.3 [The course has been certified for delivery and design by the International Distance Educations Certification Center (IDEC). A qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporates interactivity;]
2.3.8 Educational offerings that have documented approval by the AQB or another state are automatically approved when they are submitted to the Council with a certificate of attendance. In cases where the educational offering has not been approved by the AQB or another state, either the provider or the appraiser must apply to the Council for approval using a form approved by the Council. Applicants seeking pre-approval must submit all required documentation 60 days before the scheduled offering.
2.4 Duplicate License or Certificate Fee
2.4.1 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. An official certified copy (notarized) of a marriage license, divorce decree or court order of a name change must accompany a request for a change of name.
2.5 Federal Appraiser Registry
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.
4 DE Reg. 1504 (03/01/01)
6 DE Reg. 1668 (06/01/03)
9 DE Reg. 1377 (03/01/06)
3.0 Examination
3.1 Examination
3.1.1 The Council shall review each application to determine whether the applicant is qualified under 24 Del.C. §4008 to sit for the examination. Such review shall consider the applicant’s education and whether the applicant has been convicted of a felony, substance abuse or fraud within the last five years preceding the date of application. If the applicant meets the education requirement for the license or certificate applied for and has not been convicted of a felony, substance abuse or fraud within the last five years preceding the date of application, the applicant shall be entitled to take the appropriate examination.
3.1.2 Applicants for licensure as a state licensed real property appraiser and for certification as a state certified residential or general real property appraiser shall successfully complete the examination as endorsed by the AQB and approved by the Council on Real Estate Appraisers. The prerequisites to sit for the applicable examination are completion of the education/classroom hour requirement and not having been convicted of a felony, substance abuse or fraud within the five years preceding the date of the application.
3.1.3 The passing scores on the examinations shall be the scores recommended as passing by Assessment Systems, Inc., the successor agency or company then contracted by the Division of Professional Regulation for administering the examination as endorsed by the Council on Real Estate Appraisers.
4 DE Reg. 1504 (03/01/01)
9 DE Reg. 1377 (03/01/06)
4.0 General Appraisal Practice
4.1 Administrative Responsibilities
4.1.1 A State licensed real property appraiser shall utilize the term “State licensed real property appraiser”; a State certified residential real property appraiser shall utilize the term “State certified residential real property appraiser”; and a State certified general real property appraiser shall utilize the term “State certified general real property appraiser” when performing and signing appraisals. The terms “certified” or “licensed” shall not be used in connection with appraisals or appraisers in any other form. A State licensed appraiser trainee shall use the term “State licensed appraiser trainee” or “appraiser trainee” and shall only co-sign appraisals along with a State licensed or State certified real property appraiser. Approved abbreviations are as follows:
DE Cert Gen followed by the certification number,
DE Cert Res followed by the certification number,
DE Lic Appr followed by the license number,
DE Appr Trainee followed by the license number.
4.1.2 The real property appraiser license or certificate of a State licensed or State certified real property appraiser shall be prominently displayed at the appraiser’s place of business.
4.1.3 The biennial license or certificate renewal pocket card issued by the Council to each State licensed or State certified real property appraiser shall be retained by the licensee or certificate holder as evidence of licensure or certification.
4.1.4 When advertising or otherwise holding himself/herself out as a real property appraiser, a State licensed real property appraiser shall identify himself/herself as a “State licensed real property appraiser.” A State certified residential real property appraiser shall identify himself/herself as a “State certified residential real property appraiser”. A State certified general real property appraiser shall identify himself/herself as a “State certified general real property appraiser.” A State licensed real estate appraisal trainee shall identify himself/herself as a “State licensed real estate appraiser trainee.”
4.1.5 Licensure or certification as a real property appraiser is granted only to persons and does not extend to a business entity. A State licensed or State certified real property appraiser doing business as a partnership, association, corporation, or other business entity shall not represent in any manner to the public that the partnership, association, corporation, or other business entity is either licensed or certified by the State of Delaware to engage in the business of real estate appraising.
4.1.6 All licensees and certificate holders shall notify the Council in writing of each change of business address, residence address, or trade name within ten (10) days of said change. The address shall be sufficiently descriptive to enable the Council to correspond with and locate the licensee or certificate holder.
4.1.7 Each written appraisal report prepared by or under the direction of a State licensed or State certified real property appraiser shall bear the signature of the State licensed or State certified appraiser, the license or certificate number of the licensee or certificate holder in whose name the appraisal report is issued, and the appropriate title such as “State licensed appraiser trainee” (as co-signer only), “State licensed real property appraiser,” “State certified residential real property appraiser,” or the designation “State certified general real property appraiser,” or the approved abbreviations as specified in Rule 4.1.1. Said certified or licensed appraiser shall be fully responsible for the content of the report prepared under his or her direction. Where applicable, each appraisal report shall also indicate whether or not the State licensed or State certified appraiser has personally inspected the property, and shall identify any other person who assists in the appraisal process other than by providing clerical assistance.
4.1.8 Each State certified or State licensed appraiser shall be responsible for the proper maintenance and retention of the appraisal records.
4.2 Responsibilities of Supervisors of State Licensed Trainees
4.2.1 A state licensed appraiser trainee may assist in the completion of an appraisal report, including an opinion of value, and may co-sign an appraisal, provided that he/she is actively and personally supervised by a state certified or licensed real property appraiser, provided that the appraisal report is reviewed and signed by the state certified or licensed real property appraiser, and provided that the licensed or certified appraiser accepts total responsibility for the appraisal report. An appraiser trainee is permitted to have more than one supervising appraiser.
4.2.2 A state licensed or state certified real property appraiser may employ a person(s) as a state licensed appraiser trainee(s) to assist in the performance of real estate appraisals, provided that the state licensed or state certified real property appraiser:
4.2.2.1 Provides direct supervision of the state licensed appraiser trainee as defined in the Uniform Standards of Professional Appraisal Practice (USPSP); “Direct Supervision” means to:
4.2.2.1.1 personally inspect with the trainee the interior and exterior of each property appraised;
4.2.2.1.2 personally review each appraisal report prepared by the trainee;
4.2.2.1.3 accept full responsibility for the report;
4.2.2.1.4 assign work to the trainee only if the trainee is competent to perform such work; and
4.2.2.1.5 approve and sign the report as being independently and impartially prepared and in compliance with USPAP, these rules and regulations, and applicable statutory requirements;
4.2.2.2 Reviews all appraisal reports and supporting data used in connection with appraisals in which the services of a state licensed appraiser trainee is utilized;
4.2.2.3 Complies with all provisions of 4.1.7 regarding appraisal reports;
4.2.2.4 Reviews and approves an a trainee’s experience log maintained pursuant to 4.3.2.2. The supervisor shall make available to the trainee a copy of any appraisal report that the trainee signed assisted in preparing that is requested for review by the Council;
4.2.2.5 Supervises no more than three (3) trainees whose application for exemption has not been approved by the Council pursuant to Rule 4.2.3. Beginning January 1, 2008, a supervising appraiser shall not supervise more than three trainees at one time regardless of their status concerning exemption;
4.2.2.6 Signs an affidavit affirming that he/she is a State licensed or certified Real Property Appraiser and that he/she shall comply with all rules and policies regarding supervisory appraisers; and
4.2.2.7 Immediately advises the Council in writing when the certified or licensed appraiser is no longer supervising the trainee. The writing shall include the last known address of the appraiser trainee along with a copy of the letter from the supervisor to the trainee advising the trainee that his/her employment has been terminated or the letter of resignation from the trainee to the supervisor, whichever is applicable.
4.2.3 After the trainee successfully completes seventy-five (75) hours of education on real estate matters satisfactory to the Council, and has obtained two hundred fifty (250) hours of residential appraising or one thousand (1,000) hours of non-residential appraising experience as defined by the Appraisal Qualifications Board in its appraisal qualifications criteria, the supervisor and the trainee may jointly apply to the Council on a form provided by the Council, for an exemption that would allow the supervisor to sign the report without inspecting the property as provided by Rule 4.2.2.1.1, provided the trainee is competent to perform the inspection.
4.2.4 Beginning January 1, 2008, any person who has been subject to disciplinary action within the preceding two years that affects the supervisor’s legal eligibility to engage in appraisal practice shall not be eligible to supervise trainees.
4.3 Responsibilities of State Licensed Appraiser Trainees
4.3.1 All appraiser trainees must be licensed as required under 24 Del.C. Ch. 29 40.
4.3.2 A State licensed trainee may assist in the performance of real estate appraisals provided that:
4.3.2.1 The trainee shall only work under the direct supervision of one or more State licensed or state certified real property appraiser(s); an individual who is no longer supervised shall not engage in the act of appraising until a new license is issued showing a new supervisor;
4.3.2.2 The trainee shall maintain an appraisal experience log on a form provided by the Council and certified by the supervising appraiser;
4.3.2.3 The trainee shall inspect the property and participate in the appraisal process in order to sign the appraisal and to receive experience credit for the hours spent. The appraisal shall be signed by the trainee as follows:
Assisted by:
____________________________,Trainee
Name: _____________________________
License Number: ____________________
The trainee shall place on the “other” line in the signature section of the appraisal forms, his or her license # and the title “appraiser Trainee” in the appropriate places. For example:
“or other (describe) Appraiser Trainee State# X4-xxx”
4.3.2.4 The trainee shall ensure that the log is available at all times for inspection by the Council; and
4.3.2.5 When performing appraisal assignments, the trainee shall carry on his/her person the license issued by the Council.
4 DE Reg. 1504 (03/01/01)
9 DE Reg. 1377 (03/01/06)
5.0 Temporary Practice and Reciprocity
5.1 Temporary Practice
The Council 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. §2935(a) 24 Del.C. §4010.
5.2 Reciprocity
The Council may grant a reciprocal license in accordance with 24 Del.C. §2935(b) §4011 to applicants certified or licensed in another state whose requirements for certification or licensure are substantially equivalent similar to the State of Delaware without being registered with and duly licensed or certified by the Council on Real Estate Appraisers.
9 DE Reg. 1378 (03/01/06)
6.0 Guidelines for Qualifying Mass Appraisal Experience
6.1 Qualifying Mass Appraisal Experience
6.1.1 The Delaware Council on Real Estate Appraisers (“Council”) has developed an application for ad valorem tax assessors to apply mass appraisal experience toward licensure or certification. The application is different from the application for independent fee appraisers, and, therefore, the Council has prepared this document as supplemental explanation of the mass appraisal experience guidelines set forth in the Tax Assessor’s Application for Real Estate Appraiser License or Certificate. The State of Delaware under 24 Del.C. §2934(c), sets forth specifically:
“(c) The Council on Real Estate Appraisers is required to include in its regulations educational experience and testing requirements for licensure and certification of real estate appraisers that ensure protection of the public interest. Educational experience and testing requirements for certified and licensed appraisers must specifically meet the criteria established under Title XI of the Financial Institutions Reform Recovery Act of 1989, public Law 101-73, and any subsequent amendments thereto or any regulations promulgated thereunder. (67 Del. Laws, C. 381 ss1; 68 Del. Laws, c. 140, ss 5-7, 15.)”
6.1.2 Further, The Appraiser Qualifications Board of the Appraisal Foundation has issued as additional explanation “Interpretations/Clarifications” to accompany the qualifying criteria for appraiser licensure and certification, which specifically sets forth:
“Experience credit should be awarded to ad valorem appraisers who demonstrate that they (1) use techniques similar to those used by appraisers to value properties and (2) effectively use the appraisal process.
Qualifying mass appraisal experience must conform to USPAP Standard 6. Credit will be given for experience that demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1.
6.1.3 2 Components of the mass appraisal process that should be given credit are highest and best use analysis, model specification (developing the model), and model calibration (developing adjustments to the model). Other components of the mass appraisal process, by themselves, shall not be eligible for experience credit.
6.1.4 3 Mass appraisals shall be performed in accordance with USPAP Standard 6.” In order to evaluate the experience qualifications of ad valorem tax assessors with mass appraisal experience, the Council will review such applications considering the above - mentioned criteria, and shall review work samples for compliance with USPAP Standard 6. It is important to note that any individual appraisal reports prepared in conformity with USPAP Standards 1 and 2 are fully creditable as appraisal experience using the hourly scheme set forth in the category for Full Appraisals in the Real Property Tax Assessor’s Application for Real Estate Appraiser License or Certificate. Such reports are often prepared by ad valorem appraisers for defense of value work. Ad valorem appraisers are encouraged to apply for experience credit for full appraisals as well as for mass appraisal experience. An hour of experience is defined as actual verifiable time spent performing tasks in accordance with the Council Rules and Regulations. USPAP Standard 6 sets forth in detail the required work and the reporting of that work for ad valorem tax purposes. Unlike the fee appraiser who prepares and signs a report for each value estimate, the ad valorem appraiser typically prepares analyses and reports that support the appraisals for groups of properties. These efforts are focused on the specification and calibration of models (validation schedules) for these groups of properties.
6.1.5 Mass appraisal experience hours are awarded for completing appraisals pursuant to the USPAP Standard 6. Currently, a minimum of 2,000 hours is required for all applicants for licensure, a minimum of 2,500 hours is required for all applicants for certified residential, and a minimum of 3,000 hours is required for all applicants for certified general, of which a minimum of 1,000 hours must be obtained in non-residential valuation if applying for the General Certification. The State of Delaware has the same qualification criteria as published by the Appraiser Qualifications Board of the Appraisal Foundation.
6.1.6 4 As stated in the Real Property Tax Assessor’s Application for Real Estate Appraiser License or Certificate, a Applicants seeking mass appraisal experience credit must demonstrate their experience using one of the following options:
6.1.6.1 4.1 Develop the mass appraisal system (model specification and calibration that includes highest and best use analysis) or;
6.1.6.2 4.2 Adjust an existing mass appraisal system to local market conditions (model calibration that includes highest and best use analysis).
6.1.7 5 Data collection for purposes of mass appraisal, defined as the on-site collection of property characteristics, is not by itself creditable as appraisal experience. However, as part of mass appraisal model specification and/or calibration, the applicant accepts responsibility for the accuracy of market (sales) data used to develop and/or calibrate the models. Therefore, it is important that the applicant have a working familiarity with the range of properties in the sales sample and thus creditable experience is allowed for sales verification work in conjunction with the mass appraisal model specification/calibration process.
6.1.8 6 The applicant must have a documented data collection manual that specifies how each property characteristic was measured. For each property characteristic that influences the final value for any property, a complete specification of the variable must be available in the mass appraisal model (schedule) documentation. This documentation must detail how each property characteristic influences value and it must provide a basis in terms of market evidence for using these characteristics.
6.1.9 7 If the applicant is using an existing mass appraisal system, either mass appraisal vendor supplied or a commercial cost service, documentation must exist which supports how the valuation system was calibrated to local market conditions. If the cost approach is used, documentation must exist which illustrates the extraction of depreciation schedules from local market analysis.
6.1.108 If the applicant develops the mass appraisal model (schedule) specification, evidence derived directly from the local market must be available that supports the use of each property characteristic. For property characteristics included in the model that have a marginal influence on value (items generally included for public relations purposes), such items should be specifically identified and their contribution to value detailed.
6.2 Mass Appraisal Experience Log
6.2.1 Applicants seeking mass appraisal experience credit must complete the Mass Appraisal Experience Log on a form approved by the Council.
4 DE Reg. 1504 (03/01/01)
9 DE Reg. 1377 (03/01/06)
7.0 Standards of Appraisal Practice
7.1 Appraisal Standards
7.1.1 In performing the acts and services of a state licensed or state certified real property appraiser, every appraiser trainee, state licensed and state certified real property appraiser shall comply with those appraisal practice standards known as the “Uniform Standards of Professional Appraisal Practice” (USPAP) and any subsequent amendments thereto, promulgated by the Appraisal Standards Board of the Appraisal Foundation or [it its] successor organization, which standards are hereby adopted by reference.
7.1.2 Copies of the “Uniform Standards of Professional Appraisal Practice” are available upon request to The Appraisal Foundation, 1029 Vermont Avenue, N.W., Suite 900 Washington, D.C. 20005-3517 and are made available by the Council from time-to-time. from The Appraisal Foundation, Distribution Center, P.O. Box 381, Annapolis Junction, MD 20701-09381. An electronic version is available from the Foundation Store at the website of The Appraisal Foundation at www.Appraisalfoundation.org.
9 DE Reg. 1377 (03/01/06)
8.0 Complaints and Hearing Procedures
8.1 Complaints
The Council incorporates by reference the procedures for investigation of complaints by the Division of Professional Regulation as set forth in 29 Del.C. §8807.
8.2 Hearing Procedures
8.2.1 All hearings shall be in accordance with the Administrative Procedures Act, 29 Del.C. §§10121-10129.
4 DE Reg. 1504 (03/01/01)
9 DE Reg. 1377 (03/01/06)
9.0 Public Disclosure
9.1 Public Notice
9.1.1 All meetings shall be convened in compliance with the Freedom of Information Act (FOIA) in 29 Del.C. Ch. 100.
9.2 Meeting Minutes
Minutes shall be kept of all meetings in accordance with the Freedom of Information Act.
9.2.1 Said minutes shall include a record of those present.
9.2.2 The minutes shall also include a record by individual members, on each vote taken, as well as any action agreed upon.
9.2.3 It shall be the responsibility of the Council’s Administrative Assistant to prepare said minutes and keep a copy on file with the Division of Professional Regulation.
9.3 Council Records
9.3.1 It shall be the responsibility of the Council’s Administrative Assistant Division of Professional Regulation to maintain the Council’s records and to make then accessible to the general public.
9.3.2 No citizen of the State of Delaware person shall be denied reasonable access to the public records of the Council. Copies of records may be obtained from the Administrative Assistant at a cost per page as established by the Division.
9.3.3 The Council shall not be obligated to disclose to the general public any matter which intrudes upon an individual’s personal or private affairs which is not a public record in which the public has not legitimate interest. Records will be open to the public in reference to as provided in the Freedom of Information Act.
4 DE Reg. 1504 (03/01/01)
9 DE Reg. 1377 (03/01/06)
10.0 Change and Modification to Rules and Regulations
10.1 The Council may, change or modify these Rules and Regulations as provided in 29 Del.C. §§10111-10119.
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9 DE Reg. 1377 (03/01/06)
11.0 Severability
11.1 If any part of these rules and regulations is held invalid, unconstitutional or otherwise contrary to law, then it shall be severable and the remaining portions hereof shall remain and continue in full force and effect.
4 DE Reg. 1504 (3/1/01)
Crimes Substantially Related to the Practice of Real Estate Appraisal.
11.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of real estate appraisal in the State of Delaware without regard to the place of conviction:
11.1.1 Murder in the second degree; class A felony. 11 Del.C. §635
11.1.2 Murder in the first degree; class A felony. 11 Del.C. §636
11.1.3 Unlawful sexual contact in the third degree; class A misdemeanor. 11 Del.C. §767
11.1.4 Unlawful sexual contact in the second degree; class G felony. 11 Del.C. §768
11.1.5 Unlawful sexual contact in the first degree; class F Felony. 11 Del.C. §769
11.1.6 Rape in the fourth degree; class C felony. 11 Del.C. §770
11.1.7 Rape in the third degree; class B felony. 11 Del.C. §771
11.1.8 Rape in the second degree; class B felony. 11 Del.C. §772
11.1.9 Rape in the first degree; class A felony. 11 Del.C. §773
11.1.10 Continuous sexual abuse of a child; class B felony. 11 Del.C. §778
11.1.11 Dangerous crimes against a child. 11 Del.C. §779
11.1.12 Burglary in the third degree; class F felony. 11 Del.C. §824
11.1.13 Burglary in the second degree; class D felony. 11 Del.C. §825
11.1.14 Burglary in the first degree; class C felony. 11 Del.C. §826
11.1.15 Robbery in the second degree; class E felony. 11 Del.C. §831
11.1.16 Robbery in the first degree. 11 Del.C. §832
11.1.17 Theft; class G felony; class A misdemeanor. 11 Del.C. §841
11.1.18 Theft; lost or mislaid property; mistaken delivery. 11 Del.C. §842
11.1.19 Theft; false pretense. 11 Del.C. §843
11.1.20 Theft; false promise. 11 Del.C. §844
11.1.21 Theft of services. 11 Del.C. §845
11.1.22 Identity theft; class E felony; class D felony. 11 Del.C. §854
11.1.23 Endangering the welfare of a child; class E or G felony. 11 Del.C. §1102
11.1.24 Sexual exploitation of a child; class B felony. 11 Del.C. §1108
11.1.25 Unlawfully dealing in child pornography; class D felony. 11 Del.C. §1109
11.1.26 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112
11.1.27 Sexual solicitation of a child; class C felony. 11 Del.C. §1112A
11.1.28 Bribery; class E felony. 11 Del.C. §1201
11.1.29 Receiving a bribe; class E felony. 11 Del.C. §1203
11.1.30 Perjury in the second degree; class F felony. 11 Del.C. §1222
11.1.31 Perjury in the first degree; class D felony. 11 Del.C. §1223
11.1.32 Making a false written statement; class A misdemeanor. 11 Del.C. §1233
11.1.33 Possession of a deadly weapon during commission of a felony; class B felony. 11 Del.C. §1447
11.1.34 Possession of a firearm during commission of a felony; class B felony. 11 Del.C. §1447A
11.2 Crimes substantially related to the practice of appraisal shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
9 DE Reg. 1377 (03/01/06)
12.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
12.1 If the report is received by the chairperson of the regulatory Council, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Council, or that chairperson's designate or designates.
12.2 The chairperson of the regulatory Council or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
12.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Council chairperson or that chairperson's designate(s).
12.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Council or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Council.
12.5 Failure to cooperate fully with the participating Council chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Council chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection (h) of this section.
12.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
12.6.1 Entry of the regulated professional into a treatment program approved by the participating Council. Council approval shall not require that the regulated professional be identified to the Council. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
12.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Council or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Council or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
12.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
12.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Council, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Council in addition to the administrative costs associated with the Voluntary Treatment Option.
12.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Council's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
12.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
12.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Council may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
12.8 The participating Council's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
12.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
12.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Council shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
12.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
12.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Council's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
4 DE Reg. 1504 (03/01/01)
