DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR’S OFFICE
REAL ESTATE APPRAISERS - GENERAL RULES
Filed with the secretary of state on
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the director of the department of licensing and regulatory affairs by sections 205, 308, 2605, and 2617 of the occupational code, 1980 PA 299, MCL 339.205, 339.308, 339.2605, and 339.2617, and by Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 338.3501, 445.2001, 445.2011, 445.2025, and 445.2030)
R 339.23101, R 339.23104, R 339.23203, R 339.23205, R 339.23301, R 339.23303,R 339.23307, R 339.23309, R 339.23311, R 339.23313, R 339.23315, R 339.23316, R 339.23317, R 339.23319, R 339.23320, R 339.23321, R 339.23323, R 339.23325, R 339.23326, R 339.23401, R 339.23403, and R 339.23405 of the Michigan Administrative Code are amended, and R 339.23203a, and R 339.23209 are added, as follows: PART 1. GENERAL PROVISIONS
R 339.23101 Definitions.
Rule 101. (1) As used in these rules:
(a) “Board” means the board of real estate appraisers created under section 2603 of the code, MCL 339.2603.
(a) (b) “Code” means the
occupational code, 1980 PA 299, MCL 339.101 to 339.2677.
(c) "Transaction value" means
any either of the following:
(i) For loans or other extensions of
credit, the amount of the loan or the extension of
credit.
(ii)
For
or for sales, leases, purchases, and investments, or in exchanges of
real property, the market value of the real property interest involved.
(iii) (ii) For
the pooling of loans or interests in real property for resale or purchase, the
amount of the loan or market value of the real property calculated with respect
to each such loan or interest in real property.
(2) Terms defined in articles 1 to 6 and
26 of the act code, MCL 339.101 to 339.606 and 339.2601 to 339.2637, have
the same meanings when used in these rules.
R 339.23104 Exemption from standard.
Rule 104. The following are exempt from the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP), Standard 3 and Standard 4:
(a) A board member who is performing an investigation or testifying at an adjudicatory hearing on behalf of the department.
(b) A board member who is serving in the capacity of a reviewer while reviewing the work experience of an applicant for licensure.
(c) An investigator employed by or retained by the department who is performing an investigation or testifying at an adjudicatory hearing.
PART 2. LICENSING
R 339.23203 Appraisal experience for licensure; satisfactory evidence.
Rule 203. (1) For an a
licensure applicant's experience hours to be accepted, the experience must be
in compliance comply with both of the following requirements, as
applicable:
(a) Appraisal experience must be
demonstrated by copies of reports and file memoranda. The applicant shall
submit a detailed log to the department that includes at least all of
the following information:
(i) Date of each appraisal assignment.
(ii) Property address.
(iii) Property type.
(iv) Description of work performed by the applicant.
(v)
Scope of the review and supervision of the applicant’s supervising supervisory
certified appraiser consistent with the Appraiser Qualification Board (AQB)
criteria, as defined in section 2601(b)(i) and (ii) of the code, MCL 339.2601, and
R 339.23203a.
(vi) A clear indication of the time devoted to each appraisal.
(b) The information in the log must be
capable of being documented by work samples, and includes must
include the signature and state certification number of the supervisory certified
appraiser.
(2) An applicant for a license shall demonstrate experience gained in each of the following areas of the appraisal process:
(a) Defining the appraisal problem.
(b) Gathering and analyzing data.
(c) Applying all appropriate value
valuation approaches, including cost approach, market approach, and
income approach, and methodology.
(d) Arriving at an opinion of value.
(e) Reporting the opinion of value.
(3) Documents that support the information
that is contained in an application, an applicant's experience log, or an
affidavit of work experience accepted in lieu instead of an experience
log prior to before July 1, 2013, must be maintained for not less
than 6 years from the date of application.
R 339.23203a Supervisory certified appraiser.
Rule 203a. (1) A supervisory certified appraiser shall comply with the supervisory certified appraiser qualifications in the AQB criteria.
(2) Before supervising, a supervisory certified appraiser shall complete a course that, at a minimum, complies with the specifications for course content established by the AQB criteria.
(3) A supervisory certified appraiser shall not supervise more than 3 real estate appraiser trainees pursuant to the AQB criteria unless written authorization by the department is granted, under subrule (4) of this rule, to exceed the number of trainees at any 1 time.
(4) The department may authorize a supervisory certified appraiser to exceed the maximum number of trainees allowed to be supervised under subrule (3) of this rule, provided all of the following are complied with:
(a) The applicant submits an application on a form provided by the department and approved by the board to the department.
(b) The supervisory certified appraiser submits proof to the department that he or she has complied with the supervisory certified appraiser qualifications in the AQB criteria and has more than 5 years of experience as an appraiser.
(c) The supervisory certified appraiser agrees in his or her application to limit supervision to no more than 6 trainees at any 1 time, with no more than 3 trainees with less than 1 year of experience.
(d) The supervisory certified appraiser prepares and maintains trainee progress reports on each trainee and makes them available to the department until the trainee becomes certified or licensed or after 2 years has lapsed since supervising the trainee, whichever is earlier.
(e) The supervisory certified appraiser provides the department with a mentoring plan for each trainee before supervising the trainee.
R 339.23205 Prior licensing or exemptions; Michigan experience in this state. Rule 205. As required in the act code, experience shall be is valid only if an individual was properly licensed or exempt from licensure. In Michigan this state, to be properly licensed before January 1, 1992, an individual shall have held a real estate license in this state. Under the standards applicable to the licensing of appraisal services in Michigan this state before January 1, 1992, the following positions were considered exempt from real estate licensing: (a) An employee of a financial institution whose services as an appraiser were performed for the financial institution and not offered to the public. (b) An employee of an appraisal firm who performed appraisal tasks but did not sign reports. (c) An employee of a firm whose appraisals were performed for the internal use of the firm and only on property owned or to be purchased by the firm for its own use. (d) A governmental employee who appraised property for government use or purchase or whose appraisal was required for the operation of a governmental program. R 339.23209 Nonresident temporary permit. Rule 209. A holder of a nonresident temporary permit issued by the department pursuant to section 2625(2) of the code, MCL 339.2625, may request 1 extension as follows: (a)The application shall be in writing on a department form submitted to the department. (b) The extension shall be for no more than 180 days. (c) The extension shall be given to finish work on the same temporary assignment that was the subject of the initial temporary permit. (d) In no case shall a temporary permit be issued for the same assignment for more than 360 days. PART 3. APPRAISER EDUCATION R 339.23301 Definitions. Rule 301. As used in this part: (a) "Continuing education course" means a course that complies with the AQB criteria for continuing education courses and is approved by the department. (b) "Coordinator" means an individual who assumes, on behalf of a course sponsor, the responsibility pursuant to these rules for offering courses relating to the activities of real estate appraisers. (c) "Instructor" means an individual who is deemed determined to be qualified by the sponsor to instruct students or licensees in prelicensure or continuing education courses and who provides instruction directly and interactively in contact with students or licensees. An instructor may utilize guest speakers, but shall bear ultimate responsibility to the sponsor for the quality of information imparted to students or licensees. (d) "Prelicensure course" means a course that complies with the AQB criteria for prelicensure education courses and is approved by the department. (e) "Sponsor" means an entity which that meets the requirements of section 2617(2) of the act code, MCL 339.2617, and which that offers or proposes to offer either prelicensure appraiser education or continuing education. R 339.23303 Education; submission of documentation by license applicants for licensure. Rule 303. (1) In submitting documentation of prelicensure education obtained before the effective date of the act code or from course sponsors that are not approved pursuant to these rules, the applicant shall show that the course was designed to teach individuals to perform appraisals or to augment a basic knowledge of appraisal with general information that the instructor then relates to the performance of appraisals. (2) General educational courses, such as including business, economics, statistics, or law, or general courses in real estate or real estate law is will not be considered equivalent to approved prelicensure education unless a relationship to appraisal is shown in the course description, syllabus, or curriculum outline to the extent that not fewer than 15 or more classroom hours were specifically related to appraisal. Classroom hours of credit shall must only be granted for hours that are specifically related to appraisal. (3) An applicant's submission of documentation of prelicensure education shall include all of the following information: (a) The date and place the course was taken. (b) The name of the sponsor, and the sponsor's current address, or and the sponsor’s telephone number if available. (c) A copy of the course outline, syllabus, detailed curriculum, or similar information. (d) A copy of the certificate of completion. (e) The number of classroom hours spent in the course. To have the education hours approved by the department, continuing education course sponsors utilizing distance-learning systems shall have an acceptable method of ensuring that the student licensee achieves an equivalent to classroom hours. (4) In submitting documentation of education from institutions of higher education that are authorized approved to grant degrees which that confer credit hours rather than classroom hours, 1 credit hour shall be is equivalent to 10 classroom hours of actual instruction for term credits and 15 classroom hours of instruction for semester credits. (5) Documentation to support information on the application for course approval shall must be maintained for not less than 6 years from the date of the application. (6) To assist applicants, the department shall maintain a list of courses that are acceptable to the department. R 339.23307 Conduct of courses; changes in courses. Rule 307. (1) A course sponsor shall comply with all of the following requirements: (a) A sponsor course shall not be represented represent a course to licensees or to the public as meeting the requirements of the act code and these rules until it has been approved by the department. (b) A person shall not Solicitation solicit of for organizational membership, employment, or business-related products and services is prohibited during qualifying course classroom hours. (c) A sponsor shall appoint an individual as coordinator for the sponsor's courses. The coordinator shall be responsible for supervising the program of courses and assuring compliance with the code and these rules. The coordinator need not be a licensee. (d) An instructor who meets the requirements of R 339.23309(3) and (4) shall teach the course. (e) Each student or licensee shall be provided with a written syllabus that contains, at a minimum, all of the following information: (i) The course title. (ii) The times and dates of the course offering.(iii) The name, business address, and telephone number of the course coordinator, and the name of the instructor.(iv) A detailed outline of the subject matter to be covered and the estimated time to be devoted to each subject. (f) A course shall must not be credited for more than 10 classroom hours of instruction in 1 calendar day. Calculations of classroom hours for a course shall must not include any of the following: (i) Meals.(ii) Breaks.(iii) Registration.(iv) Required reading.(v) Outside assignments. (g) Each course shall must reflect the most current version of state and federal laws and regulations. (h) A sponsor shall permit the department to review a course at any time or to inspect the records of a course sponsor during normal business hours. (i) A sponsor whose programs are transferred to another entity shall arrange for student or licensee records to be maintained permanently by the successor entity. The successor entity shall assure ensure that course completion information is student or licensee records are available to students or licensees who need to verify their education.(2) The department shall accept or reject a change in, or addition to, the information provided to the department on an original application. The department may determine that a proposed change cannot be made without the submission of additional supporting documentation or that the extent or number of changes requested require the sponsor to complete a new application for approval.
(3) The department may request a sponsor to provide any additional supporting documentation that is necessary for the department to approve the course.
(4) Department approved courses shall expire 3 years from the date of the course approval, at which time the course approval shall be subject to renewal. A sponsor shall notify the department of its intent to renew or discontinue previously approved course or courses by satisfactorily completing and submitting a course renewal form provided by the department. Course renewal forms shall be received by the department at least 60 days before the expiration date. If a satisfactorily completed renewal form is not received by the department by the expiration date the course shall cease to be departmentally approved beyond the expiration date. Course renewal forms are not valid and shall are not be accepted by the department after the expiration date. Sponsors requesting approval for course renewal after the expiration date shall complete and submit an application for original course approval.
(5) (2) A proprietary real estate appraiser sponsor licensed under the proprietary schools act, 1943 PA 148, MCL 395.101 to 395.103 shall continuously comply with the proprietary schools act. (6) If a sponsor desires to change a course's content/curriculum, and/or hours of credit, the sponsor shall reapply for departmental approval of the changes to the course by completing an application for course approval, obtained from the department. The department shall notify the sponsor whether the proposed course change is approved or not. The sponsor shall not offer the course with the proposed changes without departmental approval. R 339.23309 Sponsors; duties; instructors. Rule 309. (1) Each A sponsor shall be responsible for all of the following: (a) Compliance with all laws and rules relating to appraiser education. (b) Providing students or licensees with current and accurate information. (c) Maintaining an atmosphere that is conducive to learning in the classroom. (d) Assuring Ensuring and certifying the attendance of students or licensees who are enrolled in courses. (e) Providing assistance to students or licensees and responding to questions relating to course materials. (f) Supervising all guest lecturers and relating all information that is presented to the practice of real estate appraisal. (2) Distance education sponsors shall ensure that all of the following qualifications for their courses are complied with: (a) The course shall must be presented with an instructor available to answer questions, provide information, and monitor student or licensee attendance. (b) The course meets must meet 1 of the following criteria: (i) The course has been presented by an accredited college or university (through the commission Commission on colleges Colleges or a national or regional accreditation association) that offers distance education programs in other disciplines. (ii) The course has received approval of the international distance education certification center International Distance Education Certification Center (IDECC) for the course design and delivery mechanism and either 1 of the following is met: (A) The course has received approval of the appraiser qualification board AQB through the AQB course approval program. (B) The course has received approval of the licensing or certifying jurisdiction where the course is being offered for the content of the course. (C) The course meets all of the following requirements: (i I) The course is equivalent to 15 classroom hours for prelicensure courses and 2 classroom hours for continuing education courses. (ii II) A student or licensee successfully completes a written examination proctored by an official approved by the presenting college or university or by the sponsoring organization, consistent with the requirements of the course accreditation. If a written examination is not required for accreditation, a student or licensee successfully completes course mechanisms required for accreditation which demonstrate mastery and fluency. (iii III) The sponsor ensures that students or licensees completing the distance education courses will achieve the equivalent of the stated classroom hours per course. (3) A sponsor shall select as instructors only individuals who can demonstrate mastery of the material being taught and who possess 1 of the following qualifications: (a) Experience as a faculty member of an institution of higher education that is authorized approved to grant degrees. (b) A state licensed, certified residential, or certified general appraiser with 3 years of appraisal experience. (c) Other experience acceptable to the sponsor for courses other than prelicensure courses. (4) Instructors of the USPAP shall have complied with the AQB instructor certification program as required by the real property appraiser qualification AQB criteria. R 339.23311 Courses, activities not acceptable for prelicensure or continuing education. Rule 311. The department shall not approve a prelicensure or continuing education course or activity, nor shall it grant credit to a licensee for the USPAP course for any of the following: (a) Courses that do not provide student or licensee access to an instructor during the course. (b) Courses that deal with employment-related topics such as including explanations of rights, benefits, and responsibilities; organizational structure; and on-the-job methods, processes, or procedures. (c) Membership in or service in an office, or on a committee of a professional, occupational, trade, or industry society or organization. (d) Conferences, delegate assemblies, or similar meetings of professional organizations for policy-making purposes. (e) Meetings and conventions of societies and associations; however, educational activities which that are provided independently by an approved course sponsor and which that are held concurrently with such a meetings meeting or convention of societies or associations may be given credit. (f) Attendance at lecture series, cultural performances, entertainment, or recreational meetings or activities, or participation in travel groups, unless these activities are an integral part of a course that is approved pursuant to these rules. (g) On-the-job training, apprenticeships, and other work experiences. (h) Courses in sales promotion, motivation, marketing, psychology, time management, or mechanical office, or business skills, including typing, speed-reading, or the use of office machines or equipment other than calculators or computers. R 339.23313 Misleading information. Rule 313. A person, including a sponsor, shall not provide misleading information about courses or any component of a course. Information is misleading when, taken as a whole, there is a probability that it will deceive deceives the class of persons that it is intended to influence. A sponsor shall not represent that the department's approval of a course is a recommendation or endorsement of the sponsor or the content of the sponsor's the courses course. R 339.23315 Denial, suspension, or rescission of approval to offer courses; violation of code or rules. Rule 315. A real estate sponsor or instructor may be is subject to the penalties of section 602 of the code, MCL 339.602, including disciplinary action against a recission of course approval, for any of the following reasons: (a) Failure to comply with the provisions of the code or these rules. (b) Having a high rate of failure on a licensing examination as a result of a lack of competent instruction. (c) Making a substantial misrepresentation regarding an appraisal education sponsor or course of study. (d) Making a false promise of a character likely to influence, persuade, or induce regarding an appraiser education sponsor or course of study. (e) Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents, salespersons, advertising or otherwise. PART 3A. PRELICENSURE EDUCATION R 339.23316 Prelicensure Education education. Rule 316. Prelicensure education courses may be used to obtain credit for both prelicensure education and continuing education. However, the prelicensure exam shall may not be used toward continuing education approved hours. R 339.23317 Prelicensure education; application for course approval; forms; requirements; unacceptable courses. Rule 317. (1) An application for approval of a prelicensure real estate appraiser education course shall be made on forms provided by the department. The department shall accept or reject the application. (2) The application shall include all of the following information: (a) The course title. (b) The number of classroom hours to be given for completion of the course. (c) The name, business address, and telephone number of the sponsor. (d) The name, business address, and telephone number of the course coordinator. (e) The name, license number, and qualifications of instructors. (f) A detailed outline of the subject matter to be covered and the number of classroom hours to be devoted to each topic, as it will appear in the student or licensee syllabus. (g) A summary of the required topics for prelicensure that are covered in the course completed on the subject matter matrix provided by the department. (h) The methodology for verifying and monitoring attendance, including the class makeup make-up policy. A sponsor shall have a written makeup make-up policy for students or licensees who are absent from all or a part of regularly scheduled class sessions. If there are no opportunities to make up missed sessions, that policy shall be so must be stated. (i) The standards a student or licensee must meet to complete the course, including assignments, projects, examinations, and the passing score on the examination that is required to must be given at the completion of the course for a student or licensee to demonstrate mastery of the material covered. (j) Proof that the sponsor is an entity that may offer prelicensure real estate appraisal education courses in accordance with the provisions of under section 2617(2) of the act code, MCL 339.2617.(3) If a sponsor desires to change a course's content, instructors, speakers, or hours of credit, the sponsor shall reapply for departmental approval of the changes to the course by completing an application for course approval, obtained from the department, not less than 30 days before the date the course is offered to students or licensees.
(4) Emergency changes to instructors and speakers that are unable to be submitted to the department not less than 30 days before the date of the continuing education course may be reviewed by the department if the department determines that the applicant was unable to submit the requested change not less than 30 days before the date of the continuing education course and the request submitted with the change supports the nature of the emergency.
(5) The department shall notify the sponsor whether the proposed course change is approved. The sponsor shall not offer the course with the proposed changes without departmental approval.(6) The department may determine that a proposed change cannot be made without the submission of additional supporting documentation or that the extent or number of changes requested require the sponsor to complete a new application for approval.
(7) A department-approved course expires 3 years from the date of the course approval, at which time the course approval is subject to renewal. A sponsor shall notify the department of its intent to renew a previously approved course by submitting course renewal forms provided by the department. All of the following apply regarding course renewal: (a) The completed course renewal forms must be received by the department not less than 60 days before the expiration date.
(b) If completed renewal forms are received by the department not less than 60 days before the expiration date, the course does not expire until reviewed by the department. (c) If completed renewal forms are received by the department less than 60 days before the expiration date, approval of the course expires on the expiration date. (d) Course renewal forms are not valid and are not accepted by the department less than 60 days before the expiration date. (e) Sponsors requesting approval for a course less than 60 days before the expiration date shall complete and submit to the department an application for original course approval. R 339.23319 Prelicensure education; student or licensee records; permanent record; course completion certificate. Rule 319. (1) A course sponsor shall establish and permanently maintain a record for each student or licensee. The record shall must contain all of the following information: (a) The student's or licensee’s name and address. (b) The student's or licensee’s date of birth. (c) The number of classroom hours attended. (d) The title of the course and the department's course completion number. (e) The date of course completion. (f) The student's or licensee’s grade. (g) The student's licensee’s real estate appraiser license number, if applicable. (2) A course sponsor shall issue a certificate of completion to a student or licensee who completes the entire course and receives a passing grade in a prelicensure education course. The certificate shall must include all of the following information: (a) The name of the student or licensee. (b) The name of the sponsor. (c) The name of the course attended. (d) The number of classroom hours completed by the student or licensee. (e) The date of course completion. (f) The signature of the course coordinator or instructor. (g) The sponsor number assigned by the department. (h) The course approval number assigned by the department. (3) Within 15 business days after the conclusion of a course, a sponsor shall certify to the department the names of students and licensees who complete an approved course in a manner approved by the department. R 339.23320 Prelicensure requirements for uniform standards of professional appraisal practice (USPAP). Rule 320. (1) Applicants An applicant for licensure shall successfully complete the 15-hour national USPAP course required by the appraiser qualification board (AQB). Equivalency shall be is determined through the AQB course approval program or by an alternate method established by the AQB. (2) USPAP qualifying education credit shall only be awarded only when the class is instructed by at least 1 instructor who is an AQB certified instructor and who is a certified residential real estate appraiser or a certified general real estate appraiser. PART 3B. CONTINUING EDUCATION R 339.23321 Continuing education; application for course approval; forms; requirements.
Rule 321. (1) An application for approval of a continuing education course shall
must be made on forms provided by the department. The department shall
accept or reject the application.
(2) The completed application forms must be submitted to the department not less than 60 days before the date the course is conducted.
(2) (3) The application shall include, but not be limited to, all of the following information: (a) The course title. (b) The number of classroom hours to be given for completion of the course. (c) The name, business address, and telephone number of the sponsor. (d) The name, business address, and telephone number of the course coordinator. (e) The name, license number, and qualifications of instructors. (f) A detailed An outline of the subject matter to be covered and the number of classroom hours to be devoted to each topic, as it will appear in the student syllabus. (g) The methodology for verifying and monitoring attendance. A student licensee shall attend the entire course in order to obtain credit for the course. Credit for a distance learning course requires completion of the entire course. A licensee shall not receive credit for attending the same course more than 1 time during the same license renewal cycle. (h) The standards a student licensee must meet to complete the course, including assignments, projects, or examinations. The sponsor, at its discretion, may give course examinations, but examinations are not required by the act code or these rules for continuing education courses. (i) Proof that the sponsor is an entity that may offer continuing education courses in accordance with the provisions of under section 2617(2) of the act code, MCL 339.2617. (j) Information to demonstrate that the course meets the requirements of the AQB criteria and is designed to improve and maintain the capability of a licensee to perform activities regulated by the act code.
(4) Approval is for a term of 3 years from the date that the department approved the course.
(5) An application for renewal of an approved continuing education course shall be made on forms provided by the department. All of the following apply to course renewal:
(a) Course renewal forms must be received by the department not less than 30 days before the approval expiration date.
(b) Course renewal forms are not accepted by the department if submitted less than 30 days before the expiration date.
(c) Sponsors requesting approval for course renewal less than 30 days before the expiration date shall complete and submit to the department an application for original course approval.
(d) If completed renewal forms are received by the department not less than 30 days before the expiration date, the course does not expire until the department reviewed the application and a decision has been made by the department.
(e) If completed renewal forms are not received by the department pursuant to the time frame established by this subrule, the course approval expires on the expiration date.
(6) Subject to subrule (7) of this rule, all changes to the instructors, speakers, course content, or number of continuing education hours to be awarded for an approved continuing education course must be submitted to the department on forms provided by the department not less than 30 days before the date the continuing education course is offered to licensees.
(7) Emergency changes to instructors and speakers that are unable to be submitted to the department not less than 30 days before the date of the continuing education course may be reviewed by the department if the department determines that the applicant was unable to submit the requested change not less than 30 days before the date of the continuing education course and the request submitted with the change supports the nature of the emergency.
(8) The department may revoke the approval status of any approved continuing education course any time the course fails to comply with these rules.
R 339.23323 Continuing education; student licensee records; permanent record; course completion certificate. Rule 323. (1) A course sponsor shall establish and permanently maintain a record for each student licensee. The record shall must contain all of the following information: (a) The student's licensee’s name, address, and license number. (b) The number of classroom hours attended. (c) The title of the course and the date of course completion. (2) A course sponsor shall issue a certificate of completion to a licensee who successfully completes a continuing education course. The certificate shall must include all of the following information: (a) The name of the student licensee. (b) The student's licensee’s license number. (c) The name of the sponsor. (d) The name of the course attended. (e) The number of classroom hours completed by the student licensee. (f) The date of course completion. (g) The signature of the course coordinator or instructor. (3) Within 15 business days after a course ends, a sponsor shall certify to the department the names of students licensees who complete completed an approved course by a method or on forms approved by the department. R 339.23325 Continuing education; course credit for instructors. Rule 325. Real estate appraisers who are also instructors may earn up to one half ½ of their required real estate appraiser continuing education credit per license cycle by teaching an approved real estate appraiser course. Credit shall be is granted to an instructor once in a licensing cycle for the same course either as a student licensee or as an instructor.
R 339.23326 Continuing education requirements
for licensees a licensee.
Rule 326. (1) Appraisers A
licensed appraiser shall successfully complete the 7-hour national USPAP
update course, or its equivalent, at least not less than every 2
years. Equivalency is determined through the AQB course approval program or by
an alternate method established by the AQB.
(2) USPAP qualifying education credit is awarded only when the class is taught by at least 1 instructor who is an AQB certified instructor and who is a certified residential real estate appraiser or a certified general real estate appraiser.
(3) Every 2 years, appraisers a
licensed appraiser shall successfully complete at least not less
than 2 hours of continuing education devoted to Michigan this state’s
appraiser license law and rules.
(4) Credit for attending the board of real estate appraisers meeting pursuant to the AQB criteria requires proof of attendance by submission of the department form with the signature of a board member or department staff person.
(4) (5) The
department shall not grant waivers to licensees who have a licensee
who has failed to meet the continuing education requirements.
(5) (6) The
department shall not grant deferrals to licensees a licensee, except
in the case of individuals an individual returning from active
military duty, or individuals an individual impacted by a state
or federally declared disaster. The department may allow licensees a
licensee returning from active military duty to remain in active status for
a period of up to 90 days pending completion of all continuing education
requirements. The department may allow licensees a licensee impacted
by a state or federally declared disaster that occurs within 90 days prior
to before the end of the continuing education cycle to remain in
active status for a period of up to 90 days after the end of the licensee’s
continuing education cycle, pending completion of all continuing education
requirements.
PART 4. STANDARDS OF CONDUCT R 339.23401 Licensee relationship to others participating in preparation of appraisals. Rule 401. A state licensed or certified residential or certified general real estate appraiser shall not sign an appraisal report for a federally related transaction unless that licensee has performed the appraisal in accordance with uniform standards of professional appraisal practice pursuant to USPAP and is properly licensed to perform the assignment. The material participation of any other individual in preparing the report shall must be acknowledged in the report as required by the uniform standards of professional appraisal practice USPAP regardless of the licensure status of the other individual. The signature of a state-licensed, a certified residential, or a certified general appraiser as a supervisory or co-signing appraiser shall must not be sed used to mask the preparation of a report by an individual who is not authorized to sign the report. R 339.23403 State-licensed real estate appraiser; certified residential real estate appraiser; certified general real estate appraiser; authorized allowed functions.
Rule 403. (1) If a state-licensed real estate appraiser is properly qualified to undertake an assignment, a state-licensed real estate appraiser may perform any of the following appraisal services:
(a) Appraise properties that are not federally related transactions.
(b) Appraise 1 to 4-family residential
properties, unless the transaction value is $1,000,000.00 or more or the property
is deemed to be complex and therefore required to must be
appraised by a certified residential or certified general real estate appraiser.
(c) Appraise nonresidential properties for federally related transactions and real estate related financial transactions where the transaction value is less than $250,000.00.
(d) Assist a certified residential or
certified general real estate appraiser in the development of an appraisal of a
complex residential property or a nonresidential property that is the subject of
a federally related transaction, as appropriate. The state- licensed
real estate appraiser shall not sign the report. However, ; however,
the certified residential or certified general real estate appraiser shall acknowledge
the specific contributions of the state-licensed real estate appraiser within
the appraisal report.
(2) A certified residential real estate appraiser, if properly qualified to undertake an assignment, may perform any of the following appraisal assignments:
(a) Appraise properties that are not federally related transactions.
(b) Appraise 1 to 4-family residential properties without regard to complexity or value.
(c) Appraise nonresidential properties for federally related transactions and real estate related financial transactions where the transaction value is less than $250,000.00.
(d) Assist a certified general real estate appraiser in the development of an appraisal of a nonresidential property that is the subject of a federally related transaction, as appropriate. The certified residential real estate appraiser shall not sign the report. However, the certified general real estate appraiser shall identify the specific contributions of the certified residential real estate appraiser within the appraisal report.
(3) The licensee authorized allowed
to sign the report shall identify all participating licensees and their
contributions to the report.
R 339.23405 Advertising. Rule 405. (1) A licensee shall state the level of license held in all advertising. Merely stating that the person is licensed does not satisfy the provisions of this subrule. However, in a directory listing or similar situation where space is limited, it shall be is sufficient disclosure for a licensee to use the words certified general, certified residential, state-licensed, or limited appraiser, as appropriate, without additional wording. (2) A licensee shall place his or her license number and license level on all reports and shall produce evidence of licensing upon request by a member of the public or a representative of the department. A license number shall is not be required in advertising material.