298 Neb. Admin. Code, ch. 6, § 004

Current through September 17, 2024

Section 298-6-004 - SUPERVISORY REAL PROPERTY APPRAISER AND TRAINEE COURSE

004.01Requirements

004.01A Each supervisory real property appraiser and trainee course 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 attendee(s) by no later than the end of four hours of class in any day.

004.02Course Objectives

004.02A The course must provide adequate information to ensure the supervisory real property appraiser understands the qualifications and responsibilities of that role. Specifically, that the attendee(s) understand:

(1) Minimum qualifications for becoming and remaining a supervisory real property appraiser,

(2) Jurisdictional credentialing requirements for both supervisory real property appraisers and trainee real property appraisers,

(3) Expectations and responsibilities of being a supervisory real property appraiser,

(4) Basics of the Uniform Standards of Professional Appraisal Practice,

(5) Responsibilities and requirements of a supervisory real property appraiser in maintaining and signing all appropriate trainee real property appraiser experience logs, and

(6) Expectations and responsibilities of the trainee real property appraiser.

004.02B The course must provide adequate information to ensure that a trainee real property appraiser understands the qualifications and responsibilities of that role. Specifically, that the attendee(s) understand:

(1) Minimum qualifications for becoming and remaining a trainee real property appraiser,

(2) Jurisdictional credentialing requirements for trainee real property appraisers,

(3) Minimum qualifications for becoming and remaining a supervisory real property appraiser,

(4) Processes and roles of the entities involved in establishing qualifications for real property appraisers,

(5) Expectations and responsibilities of the trainee real property appraiser,

(6) Qualifications to become a real property appraiser,

(7) Basics of the Uniform Standards of Professional Appraisal Practice, and

(8) Responsibilities and requirements of a trainee real property appraiser's role in maintaining and signing all appropriate trainee real property appraiser experience logs.

004.03Course Content

004.03A The course must provide adequate information pertaining to qualification and credentialing entities. Specifically, the following shall be included:

(1) The role of The Appraisal Foundation,

(2) The role of the Appraiser Qualifications Board in establishing qualifications for real property appraisers,

(3) The jurisdiction's role in issuing real property appraiser credentials and disciplining real property appraisers,

(4) The typical structure of real property appraiser regulating bodies, and overview of the role of professional real property appraiser organizations.

004.03B The course must provide adequate information pertaining to qualifications for real property appraiser credentials. Specifically, the following shall be included:

(1) Minimum qualifications for each real property appraiser classification,

(2) Education, experience, and examination requirements for trainee, licensed residential, certified residential, and certified general real property appraiser credential, and

(3) Supervisory real property appraiser qualifications.

004.03C The course must provide an overview of the Uniform Standards of Professional Appraisal Practice relevant to trainee real property appraisers, which shall include the following topics:

(1) Ethics Rule,

(2) Competency Rule,

(3) Scope of Work Rule,

(4) Record Keeping Rule, and

(5) Standard 1 (Development) and Standard 2 (Reporting).

004.03D The course must provide adequate information pertaining to the requirements, expectations, and responsibilities of a supervisory real property appraiser, and at a minimum, include and discuss the following topics:

(1) The expectations and responsibilities of the supervisory real property appraiser to provide the trainee real property appraiser with a basic understanding of the Uniform Standards of Professional Appraisal Practice,

(2) The expectations and responsibilities of the supervisory real property appraiser to understand the minimum requirements of both the supervisory real property appraiser and trainee real property appraiser,

(3) The expectations and responsibilities of the supervisory real property appraiser to provide proper guidance to the trainee real property appraiser when he or she selects a specific credentialing path (i.e., licensed residential, certified residential, or certified general),

(4) The expectations and responsibilities of the supervisory real property appraiser to monitor the trainee real property appraiser's progress in satisfying both the education and experience requirements necessary to achieve his or her selected credentialing path,

(5) The expectations and responsibilities of the supervisory real property appraiser to verify that the supervisory real property appraiser and trainee real property appraiser are properly documenting all appropriate experience logs,

(6) The expectations and responsibilities of the supervisory real property appraiser to accompany the trainee real property appraiser on all inspections until the trainee real property appraiser is competent to conduct inspections independently,

(7) The expectations and responsibilities of the supervisory real property appraiser to monitor and provide assignments and duties that ensure the trainee real property appraiser is developing an understanding and progression of knowledge and experience of valuation methodologies and approaches to value applicable to the level of credential to be obtained,

(8) The expectations and responsibilities of the supervisory real property appraiser to verify that the trainee real property appraiser is properly identified and acknowledged in the report in compliance with the Uniform Standards of Professional Appraisal Practice, and

(9) The expectations and responsibilities of the supervisory real property appraiser to immediately notify the trainee real property appraiser if the supervisory real property appraiser is no longer qualified to supervise and/or sign the trainee real property appraiser's experience log.

004.03E The course must provide adequate information pertaining to the requirements, expectations, and responsibilities of a trainee real property appraiser, and at a minimum, include and discuss the following topics:

(1) The expectations and responsibilities of the trainee real property appraiser to have a basic understanding of the minimum requirements to become a trainee real property appraiser,

(2) The expectations and responsibilities of the trainee real property appraiser to have an understanding about the importance of selecting an appropriate supervisory real property appraiser. Points covered shall include:

a) Description of the supervisory real property appraiser-trainee real property appraiser relationship as a long-term commitment by both parties,

b) Information indicating that the supervisory real property appraiser-trainee real property appraiser relationship is inherently connected to the "good standing" of the supervisory real property appraiser,

c) Information regarding the importance of selecting a supervisory real property appraiser with the experience and competency that best matches the trainee real property appraiser's selected credentialing path, and

d) Options for a trainee real property appraiser if a supervisory real property appraiser is no longer qualified to serve as a supervisory real property appraiser.

(3) The expectations and responsibilities of the trainee real property appraiser to have an understanding of how to determine if a real property appraiser is qualified and in good standing to be a supervisory real property appraiser by searching the Appraisal Subcommittee Appraiser Registry and/or jurisdictional websites,

(4) The expectations and responsibilities of the trainee real property appraiser to understand it is the supervisory real property appraiser's responsibility to monitor the progression of the trainee real property appraiser's education and experience necessary to achieve the trainee real property appraiser's selected credentialing path,

(5) The expectations and responsibilities of the trainee real property appraiser to understand it is the supervisory real property appraiser's responsibility to provide assignments and duties that ensure the trainee real property appraiser is developing an understanding and progression of knowledge and experience of valuation methodologies and approaches to value applicable to the level of credential to be obtained,

(6) The expectations and responsibilities of the trainee real property appraiser to understand the responsibilities of both the trainee real property appraiser and the supervisory real property appraiser in properly documenting all appropriate trainee real property appraiser's experience logs, and

(7) The expectations and responsibilities of the trainee real property appraiser to understand the supervisory real property appraiser must accompany the trainee real property appraiser on all inspections until he or she is competent to conduct inspections independently.

004.03F The course shall include elective real property appraiser education as determined by the education provider. Education providers are strongly encouraged to address State law and regulations, and the effect of those laws and regulations on supervisory real property appraisers and trainee real property appraisers. This section may include the following topics:

(1) Overview of state laws, regulations, and policies pertaining to real property appraisal practice,

(2) Overview of the investigation process, including how it pertains to the following:

a) A grievance against a trainee real property appraiser,

b) A grievance against a supervisory real property appraiser,

c) Acts or omissions considered grounds for disciplinary action or denial of an application, and

d) Formal complaints, formal hearings, and administrative law.

004.04Initial Application

004.04A Any education provider applying for approval of a supervisory real property appraiser and trainee course must:

004.04A.1 Submit an application for the course on forms approved by the Board showing compliance by the education provider and the course with all requirements established by the Act or by this Title;

004.04A.2 Submit the following:

004.04A.2a A course description that clearly describes the content of the course, and meets the requirements specified in Section 004.03 of this Chapter;

004.04A.2b A course matrix reflecting hours of credit per topic;

004.04A.2c A timed outline that accounts for the general flow and recommended time spent on topics contained within the course;

004.04A.2d Learning objectives that meet the requirements specified in Section 004.02 of this Chapter, and that:

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

(2) Are consistent with the activity description,

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

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

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

004.04A.2e Student and instructor materials used for the course 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;

004.04A.2f A closed-book final 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, and

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

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

004.04A.2g A written instructor qualifications policy that requires the use of instructors who meet the requirements of the Act and Section 005 of this Chapter;

004.04A.2h An attendance policy that complies with the following:

(1) For a classroom education course, 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 course, 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; and

004.04A.2i A written record retention policy.

004.04A.3 Pay a non-refundable new supervisory real property appraiser and trainee course application fee of $25.00;

004.04A.4 Submit a copy of the completion document;

004.04A.5 If applicable, submit evidence that online or correspondence activity meets the requirements of Section 001.15 of this Chapter; and

004.04A.6 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.

004.04B 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.

004.04B.1 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 a supervisory real property appraiser and trainee course.

004.04C If the Board's director finds that the education provider and submitted course meet the requirements in the Act and this Title, the application will be considered a completed application and the supervisory real property appraiser and trainee course may be approved by the director. If the Board's director finds that the education provider and submitted course 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 course meet the requirements in the Act and this Title, the application will be considered a completed application and the supervisory real property appraiser and trainee course 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 course is approved.

004.04D The application may be denied by the Board at any time during the process if the education provider, submitted course, or instructor(s) for the submitted course 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 a supervisory real property appraiser and trainee course, and if so, meet the requirements in place at the time a new application is submitted to the Board.

004.05Resubmission of Approved Supervisory Real Property Appraiser and Trainee Course

004.05A An education provider shall resubmit a supervisory real property appraiser and trainee course for approval if:

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

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

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

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

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

(6) There is a change in the status of qualifications specified in Section 001.1 of this Chapter under which a distance education activity was approved, or

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

004.05B The process and requirements for resubmission of a supervisory real property appraiser and trainee course are the same as specified in Section 004.04 of this Chapter. Only the requirements under Section 004.04A.2 of this Chapter that have changed since approval was granted must be included for resubmission.

004.05C Any education provider resubmitting a supervisory real property appraiser and trainee course will provide a written explanation detailing what changes have been made to the course since approval was granted.

004.06Rescinding of Approval

004.06A The Board may rescind approval of a supervisory real property appraiser and trainee course if the Board finds:

(1) Falsification of information submitted for activity approval,

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

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

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

(5) The activity has not been offered for a period of at least five years from the last date of completion submitted to the Board or the approval date if activity has not been offered,

(6) The course content and/or policies are not communicated to the attendee(s) as approved,

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

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

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

004.06B If the Board finds reason to rescind its approval of a course, 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 supervisory real property appraiser and trainee course. If approval is rescinded, the education provider may file a new application for approval of a supervisory real property appraiser and trainee course, 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, § 004

Amended effective 4/10/2019

Amended effective 12/16/2020

Amended effective 12/21/2021

Amended effective 6/5/2023