4 Colo. Code Regs. § 725-2, ch. 7

Current through Register Vol. 47, No. 22, November 25, 2024
Chapter 7 - CONTINUING EDUCATION REQUIREMENTS
7.1. For Initial Licenses, as defined in Rule 1.18, the following continuing education requirements apply:
A. For Initial Licenses issued before July 1 of any year, Licensees must complete fourteen (14) hours of Continuing Education as a condition of renewal.
B. For Initial Licenses issued on or after July 1 of any year, there will be no Continuing Education requirement as a condition of renewal.
C. Continuing Education requirements established by Chapter 7 of these Rules will apply to all other license renewals.
7.2. Except as provided under Rule 7.1., in order to be eligible for license renewal, a Licensee must successfully complete the following Continuing Education requirements within the specified time frames:
A. Twenty-eight (28) hours of real estate appraisal Continuing Education, completed at any time during the two (2) year licensing period.
B. The 7-hour National USPAP Continuing Education Course, or its AQB-approved equivalent, every two (2) calendar years.
1. Such 7-hour National USPAP Continuing Education Course must be in the form of a course approved by the AQB and taught by an instructor certified by the AQB and who is also a state certified appraiser. Equivalency will be determined through the CAP or by an alternate method established by the AQB.
2. An AQB certified USPAP instructor who successfully completes the Instructor Recertification Course and exam (if an exam is required) within their current Continuing Education cycle will have satisfied the 7-Hour National USPAP Continuing Education Course requirement.
3. Successful completion of the 7-hour National USPAP Continuing Education Course will be credited toward the twenty-eight (28) hours of Continuing Education required during every two (2) year licensing period.
4. The 15-hour National USPAP Course is not a substitute for the 7-hour National USPAP Continuing Education Course.
C. A course which meets the content requirements of the AQB Valuation Bias and Fair Housing Laws and Regulations Outline, every two (2) calendar years beginning January 1, 2026.
1. The first time a Licensee completes the Continuing Education requirement for this course, the course length must be seven (7) hours. If a Licensee successfully completed a seven (7) hour (plus one (1) hour exam) course as part of their Qualifying Education, they have satisfied this requirement.
2. Every two (2) calendar years thereafter, the course length must be at least four (4) hours.
3. Successful completion of the four (4) and seven (7) hour Valuation Bias and Fair Housing Laws and Regulations Courses will be credited toward the required twenty-eight (28) hours of Continuing Education required during every two (2) year licensing period,
D. Continuing Education requirements must be completed after the effective date of the license to be renewed and prior to the expiration of such license.
7.3. Continuing real estate appraisal education must be taken from providers approved by the Board. In order to be approved by the Board, Continuing Education must meet the following standards:
A. It must have been developed by Persons qualified in the subject matter and instructional design;
B. It must be current;
C. The instructor must be qualified with respect to content and teaching methods;
D. The number of participants and the physical facilities are consistent with the teaching method(s); and
E. Meet the class hour requirements as set forth in Rule 7.13.

The Board, at its discretion, may require an evaluation in a manner determined by the Board of an educational offering to ensure compliance with the standards set forth in Rule 7.3. By offering real estate appraisal Continuing Education approved by the Board, each provider agrees to comply with relevant statutes and Rules and to permit Board audit of said courses at any time and at no cost. If the Board determines that the offering fails to comply with the standards of Rule 7.3., the Board will notify the provider of such deficiency and work with the provider to correct such deficiency prior to the next class offering. If such deficiency is not corrected, then the Board may withdraw approval of the provider, instructor and/or the class.

7.4. The following may be approved as providers of continuing appraisal education, provided the standards set forth in Rule 7.3. are maintained, and provided they have complied with all other requirements of the state of Colorado:
A. Accredited College or University as defined in Rule 1.35.;
B. Professional appraisal and real estate related organizations;
C. State or federal government agencies;
D. Proprietary schools holding valid certificates of approval from the Colorado Division of Private Occupational Schools, Department of Higher Education;
E. Continuing Education completed in other Jurisdictions, providers approved by such other Jurisdiction, provided that the Jurisdiction's appraiser regulation program is in compliance with Title XI, FIRREA, as determined by the ASC as defined in Rule 1.3.;
F. The providers of Continuing Education approved under the CAP as defined in Rule 1.38.; and
G. Other providers as the Board may approve upon petition of the education provider or Licensee in a form acceptable to the Board.
7.5. Continuing Education providers must, at their own expense, maintain for a period of five (5) years from the last course offering, and provide to the Board on request, information regarding the educational offerings including, but not limited to the following:
A. Outline or syllabus;
B. All texts, workbooks, handouts or other materials;
C. Instructors and their qualifications, including selection, training and evaluation criteria;
D. Examinations (if any);
E. Dates and locations of offerings; and
F. Student attendance records;
7.6. Continuing Education must be at least two (2) class hours in duration including examination time (if any). Continuing Education programs and courses are intended to maintain and improve the appraiser's skill, knowledge, and competency. Continuing Education courses and programs may include, without limitation, these real estate and real estate appraisal topics:
A. Ad valorem taxation;
B. Arbitration, dispute resolution;
C. Courses related to the practice of real estate appraisal or consulting;
D. Development cost estimating;
E. Ethics and standards of professional practice, USPAP;
F. Valuation bias and fair housing laws and regulations;
G. Land use planning, zoning;
H. Management, leasing, timesharing;
I. Property development, partial interests;
J. Real estate law, easements, and legal interests;
K. Real estate litigation, damages, condemnation;
L. Real estate financing and investment;
M. Real estate appraisal related computer applications;
N. Real estate securities and syndication;
O. Developing opinions of real property value in appraisals that also include personal property and/or business value;
P. Seller concessions and impact on value;
Q. Energy efficient items and "green building" appraisals; and/or
R. Other topics as the Board may approve, upon its own motion or upon petition by the course provider or the Licensee in a form acceptable to the Board.
7.7. The Board will award Continuing Education credit to credentialed appraisers who attend a Board's public meeting under the following conditions:
A. Credit will be awarded for a single Board meeting per license cycle; and
B. The meeting must be open to the public and must be a minimum of two (2) hours in length. The total credit cannot exceed seven (7) hours.
7.8. The Board may consider alternatives to continuing real estate appraisal education such as teaching, authorship of textbooks or articles, educational program developments or similar activities for up to one-half of the required Continuing Education. Licensees desiring Continuing Education credit for alternative activities must petition the Board for approval in writing and prior to commencement of the alternative activity.
7.9. The act of applying for renewal constitutes a statement that the Licensee has complied with the Continuing Education requirements of the Colorado Real Estate Appraiser Licensing Act and Board Rules. The Board reserves the right to require a Licensee to provide satisfactory documentary evidence of completion of continuing appraisal education requirements. The Board may at its option require such submission as part of the renewal process or subsequent to renewal.
7.10. Repealed.
7.11. An appraiser may repeat courses or programs previously completed, subject to the limitation that no course or program may be repeated more frequently than once every Continuing Education cycle, which is the same as the appraiser's license cycle. Education in the USPAP, or its AQB- approved equivalent, is not subject to this limitation.
7.12. Continuing real estate appraisal education must be successfully completed by the Licensee. Successful completion means either in-class or Synchronous Distance Education attendance at the offering and participation in class activities. Successful completion of courses undertaken through Asynchronous Distance Education requires compliance with the provisions of Rule 7.14. The teaching of continuing real estate appraisal education will constitute successful completion, if also in compliance with Rule 7.8.; however, credit will be given for only one (1) presentation of a particular offering during each licensing period.
7.13. The number of hours credited must be equivalent to the actual number of instruction and testing contact hours.
A. Synchronous Distance Education courses provide for instruction and interaction substantially the same as on-site classroom courses. Synchronous Distance Education courses meet class hour requirements if they comply with the following:
1. A class hour must be sixty (60) minutes, of which at least fifty (50) minutes are instruction attended by the student. The prescribed number of class hours includes time for examinations.
2. Synchronous Distance Education courses are offered by approved course providers as set forth in Rule 7.4.
B. Asynchronous Distance Education courses meet class hour requirements if they comply with the following:
1. The course must provide active student engagement as set forth in Rule 7.14.
2. Content approval is obtained from the AQB, the Division, other state appraiser regulatory jurisdictions, or an Accredited College or University that offers distance education programs and is approved or accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the US Secretary of Education. Non-academic credit college courses provided by a college must be approved by the AQB or a state appraiser regulatory jurisdiction.
3. Course delivery mechanism approval is obtained from one of the following sources:
a. The AQB;
b. An AQB approved organization providing approval of course design and delivery;
c. An Accredited College or University that qualifies for content approval as set forth in subsection B.2. of this Rule that awards academic credit for the distance education course; or
d. A qualifying Accredited College or University for content approval with a distance education delivery program that approves the course design and delivery that incorporate interactivity.
C. Hybrid Course Education courses meet class hour requirements if they comply with the following:
1. In-person course sessions meet the class hour requirements as set forth in subsection A.1. of this Rule and courses are offered by approved course providers as set forth in Rule 7.4.
2. Synchronous Distance Education course sessions meet the requirements as set forth in subsection A. of this Rule.
3. Asynchronous Distance Education course sessions meet the class hour requirements as set forth in subsection A.1. of this Rule, courses are offered by approved course providers as set forth in Rule 7.4., and meet the requirements as set forth in subsection B. of this Rule.
7.14. Asynchronous Distance Education offerings must include methods and activities which promote active student engagement and participation in the learning process. Among those methods and activities acceptable are written exercises which are graded and returned to the student, required responses in computer based presentations, provision for students to submit questions during teleconferences, and examinations proctored by an independent third party. Bio-Metric Proctoring is acceptable. Simple reading, viewing, or listening to materials is not sufficient engagement in the learning process to satisfy the requirements of this Rule 7.14.
7.15. With respect to Continuing Education completed in other Jurisdictions with appraiser regulatory programs that are in compliance with Title XI, FIRREA, as determined by the ASC as defined in Rule 1.3., the Board will accept the number of hours of Continuing Education accepted by that Jurisdiction.
7.16. Repealed.
7.17. Repealed.
7.18. Continuing Education content must have a clear application to real estate appraisal practice. Motivational courses, personal growth, or self-improvement courses, general business courses and general computing courses are unacceptable to satisfy the Continuing Education requirements established by these Rules.
7.19. Repealed.
7.20. A Licensee who is a resident of a Jurisdiction other than the state of Colorado that imposes Continuing Education requirements consistent with the criteria promulgated by the AQB may comply with the Continuing Education requirements of Chapter 7 of these Rules by documenting, in a manner prescribed by the Board, compliance with the Continuing Education requirements of their Jurisdiction of residence. In the event the Jurisdiction of residence does not impose Continuing Education requirements consistent with the Criteria promulgated by the AQB, the Licensee must comply with the Continuing Education requirements established by Chapter 7 of these Rules.
7.21. A Licensee who renews a license subject to a Continuing Education requirement must retain documentary evidence of compliance with these Continuing Education requirements for a period of not less than five (5) years after the expiration of the license being renewed.
7.22. Course providers must provide each student who successfully completes a Continuing Education course in the manner set forth in Rule 7.12. a course completion certificate. The Board will not mandate the exact form of course certificates; however, the following information must be included:
A. Name of course provider;
B. Course title, which must describe topical content;
C. Course number, if any;
D. Course dates;
E. Number of Continuing Education hours;
F. Statement that the required examination was successfully completed, if an examination is a regular part of the course;
G. Method of course delivery: in-person, Synchronous Distance Education, or Asynchronous Distance Education;
H. Name of student; and
I. For the USPAP courses begun on and after January 1, 2003, the name and AQB USPAP instructor certification number of the instructor.
7.23. The provisions of Rule 7.4. notwithstanding, real estate appraisal Continuing Education offered through Asynchronous Distance Education must meet the requirements as set forth in Rule 7.13.B. or be approved through the CAP, unless the provider is a government agency that has sought an exemption from the Board.
7.24. Repealed.
7.25. Qualifying Education completed by a Licensee to satisfy the class hour requirements for a different credentialed license level than the Licensee's current credential may simultaneously count towards the Continuing Education requirements of their current license cycle.
7.26. Upon written notification from the Board, Licensees must provide copies of course certificates to the Board. Failure to provide copies of course certificates within the time set by the Board in its notification will be grounds for disciplinary action unless the Board has granted an extension of time for providing the certificates.
7.27. Upon written request and receipt of the necessary supporting documentation established by the Board, the Board may grant a deferral for Continuing Education compliance for licensees returning from active military duty. Licensees returning from active military duty may be placed on Active status for up to ninety (90) days pending completion of all Continuing Education requirements established pursuant to Chapter 7 of these Rules.

4 CCR 725-2, ch. 7

37 CR 15, August 10, 2014, effective 8/30/2014
37 CR 23, December 10, 2014, effective 1/1/2015
38 CR 19, October 10, 2015, effective 10/30/2015
39 CR 11, June 10, 2016, effective 6/30/2016
39 CR 23, December 10, 2016, effective 1/1/2017
40 CR 15, August 10, 2017, effective 8/30/2017
40 CR 23, December 10, 2017, effective 1/1/2018
41 CR 07, April 10, 2018, effective 4/30/2018
41 CR 15, August 10, 2018, effective 8/30/2018
41 CR 23, December 10, 2018, effective 12/31/2018
42 CR 11, June 10, 2019, effective 6/30/2019
42 CR 23, December 10, 2019, effective 1/1/2020
43 CR 23, December 10, 2020, effective 1/1/2021
44 CR 07, April 10, 2021, effective 4/30/2021
44 CR 23, December 10, 2021, effective 1/1/2022
45 CR 07, April 10, 2022, effective 4/30/2022
45 CR 19, October 10, 2022, effective 10/30/2022
45 CR 23, December 10, 2022, effective 12/30/2022
46 CR 23, December 10, 2023, effective 1/1/2024