298 Neb. Admin. Code, ch. 6, § 003

Current through September 17, 2024

Section 298-6-003 - CONTINUING EDUCATION

003.01Requirements

003.01A Any continuing education activity must contribute to a credential holder's development of real property appraiser related skill, knowledge, and competency in any one or more of the following subjects:

(1) Real property appraisal practice,

(2) Valuation methodology and/or techniques,

(3) Market fundamentals, characteristics, conditions, and analysis,

(4) Real property concepts, characteristics, and analysis,

(5) Communication,

(6) Arbitration, dispute resolution,

(7) Ethics and standards of professional practice, USPAP,

(8) Valuation bias, fair housing, and/or equal opportunity,

(9) Land use planning, zoning,

(10) Management, leasing, timesharing,

(11) Property development, partial interests,

(12) Real estate law, easements, and legal interests,

(13) Real estate litigation, damages, condemnation,

(14) Real estate financing and investment,

(15) Real property appraisal-related computer applications,

(16) Real estate securities and syndication,

(17) Seller concessions and impact on value, and/or

(18) Energy-efficient items and "green building" appraisals.

003.01B Each continuing education activity shall be at least two hours in length, not to exceed eight hours per day. At least a one-half hour break shall be given to credential holder(s) by no later than the end of four hours of class in any day.

003.01C The seven-hour Uniform Standards of Professional Practice Update course shall be approved by the Appraiser Qualifications Board of The Appraisal Foundation through its Course Approval Program, or meet the Appraiser Qualifications Board's requirements for approval of an equivalent seven-hour Uniform Standards of Professional Appraisal Practice Update course.

003.01D An activity in which the primary purpose is training in the use of a specific software, and not utilization of a software to improve competency in real property appraisal practice does not meet the requirements for approval as a continuing education activity.

003.02Initial Application

003.02A Any education provider applying for approval of a continuing education activity must:

003.02A.1 Submit an application for the activity on forms approved by the Board showing compliance by the education provider and the activity with all requirements established by the Act or by this Title;

003.02A.2 For an activity not approved by The Appraiser Qualifications Board of The Appraisal Foundation through its Course Approval Program for continuing education, submit the following:

003.02A.2a An activity description, which clearly describes the content of the activity;

003.02A.2b An activity matrix reflecting hours of credit per topic;

003.02A.2c A timed outline that accounts for the general flow and recommended time spent on topics contained within the activity;

003.02A.2d Learning objectives that:

(1) Are appropriate for a continuing education activity,

(2) Clearly state the specific knowledge and/or skills students are expected to acquire by completing the activity,

(3) Are consistent with the activity description,

(4) Are consistent with the textbook and other instructional materials,

(5) Are reasonably achievable within the number of hours allotted for the activity, and

(6) Include material to adequately cover the depth and breadth of the required topic area;

003.02A.2e Student and instructor materials used for the activity that:

(1) Cover the subject matter in sufficient depth to achieve the stated learning objectives,

(2) Provide appropriately balanced coverage of the subject matter in view of the stated learning objectives,

(3) Reflect current theory, methods, and techniques, and

(4) Not contain significant errors and/or deficiencies;

003.02A.2f If applicable, an examination that complies with the following:

(1) The examination contains a sufficient number of questions to adequately test the subject matter covered,

(2) The amount of time devoted to examination must be appropriate for the activity,

(3) Examination questions must, individually and collectively, test at a difficulty level appropriate to measure student achievement of the stated learning objectives,

(4) Successful completion of the examination requires the student to answer a minimum of 70% of the examination questions correctly, and

(5) Examination questions must be written in a clear and unambiguous manner;

003.02A.2g A written instructor qualifications policy that requires the use of instructors who meet the requirements of the Act and Section 005 of the Chapter;

003.02A.2h An attendance policy that complies with the following:

(1) For a classroom education activity, a written attendance policy that requires student attendance to be verified in accordance with the Real Property Appraiser Qualifications Criteria as adopted and promulgated by the Appraiser Qualifications Board of The Appraisal Foundation, or

(2) For a distance education activity, a written attendance policy that ensures that student achievement of the class hour requirement is met in accordance with the Real Property Appraiser Qualifications Criteria as adopted and promulgated by the Appraiser Qualifications Board of The Appraisal Foundation;

003.02A.2i A written record retention policy; and

003.02A.2j A completed 7-Hour USPAP Course Checklist for AQB Equivalency Approval as developed and published by The Appraisal Foundation for any seven-hour Uniform Standards of Appraisal Practice Update course not approved by the Appraiser Qualifications Board of The Appraisal Foundation;

003.02A.3 Submit a copy of the completion document;

003.02A.4 If applicable, submit written evidence that the rights to the activity have been purchased or lawfully acquired from the education provider that owns rights to activity materials;

003.02A.5 If applicable, submit evidence that distance education activity meets the requirements of Section 001.15 of this Chapter; and

003.02A.6 Pay a non-refundable continuing education activity application fee of $25.00.

003.02B An application received at the Board's office considered to be incomplete will not be processed and may be returned to the education provider as incomplete. Any application not considered to be incomplete will be processed.

003.02B.1 An activity identified by the education provider as approved by the Appraiser Qualifications Board of The Appraisal Foundation through its Course Approval Program for continuing education will be verified as such through The Appraisal Foundation's AQB Approved Courses list found on its website.

003.02B.2 Certification of an AQB Certified USPAP Instructor by the Appraiser Qualifications Board of The Appraisal Foundation will be verified through The Appraisal Foundation's Find an AQB Certified USPAP Instructor found on its website for the continuing education seven-hour National Uniform Standards of Professional Appraisal Practice Update Course.

003.02C If the Board's director finds that the education provider and submitted activity meet the requirements in the Act and this Title, the application will be considered a completed application and the continuing education activity may be approved by the director. If the Board's director finds that the education provider and submitted activity may not meet one or more of the requirements in the Act and this Title, the application shall be placed before the Board for consideration. If the Board finds that the education provider and submitted activity meet the requirements in the Act and this Title, the application will be considered a completed application and the continuing education activity may be approved. The education provider will receive a written notification of approval, which outlines the details, including the number of hours for which the activity is approved.

003.02D The application may be denied by the Board at any time during the process if the education provider, submitted activity, or instructor(s) for the submitted activity fail to meet the requirements in the Act and this Title. If an application is denied, the Board will provide written notice of denial to the education provider that includes a description of the deficiencies found by the Board. The education provider has 60 days from the date of denial to rectify the deficiencies. If the deficiencies are not rectified within 60 days, the education provider may file a new application for approval of continuing education activity, and if so, meet the requirements in place at the time a new application is submitted to the Board.

003.03Resubmission of Approved Activity

003.03A An education provider shall resubmit a continuing education activity for approval if:

(1) There is a change in the status of approval by the Appraiser Qualifications Board of The Appraisal Foundation through its Course Approval Program,

(2) There is a change in the status of qualifications specified in Section 001.15 of this Chapter under which a distance education activity was approved,

(3) There is a substantial change to the materials, presentation, or policies,

(4) There is a change in the qualifications specified in Section 005 of this Chapter for any instructor,

(5) One or more instructors are added or removed by the education provider,

(6) The materials, theories, and/or methodologies are no longer current,

(7) The activity content and/or policies are no longer communicated or administered as approved, or

(8) There is a change to a secondary provider's rights to the activity.

003.03B The process and requirements for resubmission of a continuing education activity are the same as specified in Section 003.02 of this Chapter. If a continuing education activity is not approved by the Appraiser Qualifications Board of The Appraisal Foundation through its Course Approval Program, only the requirements under Section 003.02A.2 of this Chapter that have changed since approval was granted must be included for resubmission.

003.03C Any education provider resubmitting a continuing education activity will provide a written explanation detailing what changes have been made to the activity since approval was granted.

003.04Expiration and Rescinding Approval

003.04A Except for the seven-hour Uniform Standards of Professional Practice Update course, which expires on the date on which the approval by the Appraiser Qualifications Board expires, a continuing education activity expires on the date five years after the date of approval. An education provider may renew a continuing education activity not required to be resubmitted as specified in Section 003.03A of this Chapter by:

003.04A.1 Submitting an application for the activity on forms approved by the Board showing compliance by the education provider and the activity with all requirements established by the Act or by this Title; and

003.04A.2 Paying a non-refundable continuing education activity renewal application fee of $10.00.

003.04B The Board may rescind approval of a continuing education activity if the Board finds:

(1) Falsification of information submitted for activity approval,

(2) A change in approval by Appraiser Qualifications Board of The Appraisal Foundation through its Course Approval Program,

(3) A change in status of the qualifications specified in Section 001.15 of this Chapter under which a distance education activity was approved,

(4) Substantial errors and/or deficiencies in the materials or presentation,

(5) The materials, theories, and/or methodologies are not current and/or practical,

(6) The instructor(s) responsible for the activity content and presentation do not meet the qualifications specified in Section 005 of this Chapter,

(7) The activity content and/or policies are not communicated or administered as approved,

(8) A material violation of the Act or this Title by the education provider or instructor for the activity, or

(9) A change in the secondary provider's rights to the activity.

003.04C If the Board finds reason to rescind its approval of an activity, the Board will provide written notice to the education provider that includes a description of the reasons for rescinding approval found by the Board. The education provider has 60 days from the date of notice to provide a written response to the Board's notice. If the response is satisfactory to the Board, the Board will not rescind its prior approval. If the response is not satisfactory to the Board, the Board may rescind approval of the activity. If approval is rescinded, the education provider may file a new application for approval of the continuing education activity, and if so, meet the requirements in place at the time a new application is submitted to the Board.

298 Neb. Admin. Code, ch. 6, § 003

Amended effective 4/10/2019

Amended effective 12/16/2020

Amended effective 12/21/2021

Amended effective 6/5/2023