230-RICR-30-20-1
230-RICR-30-20-1. Real Estate Appraisers (version Adoption, 03/18/2004 to 07/01/2004)
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State of Rhode Island and Providence Plantations
DEPARTMENT OF BUSINESS REGULATION
Division of Commercial Licensing
233 Richmond Street
Providence, RI 02903
COMMERCIAL LICENSING REGULATION 10
REAL ESTATE APPRAISERS
Table of Contents
Section 1
Introduction
Section 2
Definitions
Section 3
Board Administration
Section 4
Fees and Charges
Section 5
Licensing and Certification
Section 6
Duty to Maintain Verification of Experience
Section 7
Continuing Education
Section 8
Reciprocity
Section 9
Temporary Practice Permit
Section 10
Code of Ethics
Section 11
Term of Licenses/Renewal
Section 12
Administrative Hearings
Section 13
Inspection of Records
Section 14
Severability
Section 15
Effective Date
Section 1
Introduction
This regulation is promulgated pursuant to R.I. Gen. Law’s § 5-20.7-1 et seq., and
R.I. Gen. Law’s § 42-35-3. The following rules, regulations, and standards shall be
utilized by the Rhode Island Real Estate Appraisers Board and the Rhode Island
Department of Business Regulation for the licensing, certification, and recertification of
Real Estate Appraisers in the State of Rhode Island.
Section 2
Definitions
(A)
"Analysis" shall mean the examination or study of real estate or real property
other than an estimate of value using an orderly process by which the problem is
defined, the work necessary to solve the problem is planned, and the data
involved are acquired, classified, analyzed, and interpreted into a final opinion or
conclusion.
(B)
"Appraisal" or "Real Estate Appraisal" shall mean a written or oral analysis,
opinion and/or conclusion relating to the nature, quality, value and/or utility of
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specified interests in, or aspects of, Real Estate. An appraisal may be classified
by subject matter into either a Valuation or an Analysis as defined in this section.
(C)
"Appraisal Foundation" shall refer to the Appraisal Standards Board and the
Appraiser Qualifications Board as created by the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989, 12 U.S.C. 1811 (FIRREA).
(D)
"Appraisal Subcommittee" shall mean the body within the Federal Financial
Institutions Examination Council as established by (FIRREA).
(E)
"Appraisal Process" shall mean a systematic Analysis of the factors that bear upon
the value or utility of real estate.
(F)
"Appraisal Review" shall mean the act or process of developing and
communicating an opinion about the quality of another appraiser’s work by a
Rhode Island licensed or certified appraiser.
(G)
"AQB" shall mean the Appraiser Qualifications Board of the Appraisal
Foundation.
(H)
"AQB Real Property Qualification Criteria" shall mean the criteria published by
the AQB which establishes experience, pre-licensing, and continuing education
criteria for real estate appraisal licensure and certification.
(I)
"Board" shall mean the Real Estate Appraisers Board established pursuant to R.I.
Gen. Laws § 5-20.7-1 et seq.
(J)
"Broker Price Opinion" or "BPO" shall mean an analysis, opinion, or conclusion
prepared by a person licensed under R.I. Gen. Laws §5-20.5-1 et seq. in the
ordinary course of his or her business relating to the price of specified interests in
or aspects of identified real estate or identified real property for the purpose of
listing, purchase, or sale.
(K)
"Certified Appraisal” shall mean an individual qualified to appraise noncomplex
single or multi-family dwellings of one to four (1-4) units having no maximum
transaction value, or property used for complex one to four (1-4) residential units
having a transaction value of less than two hundred fifty thousand dollars
($250,000).
(L)
"Certified Appraisal" shall mean an appraisal or appraisal report given or signed
and certified as such by a state certified real estate appraiser or state licensed real
estate appraiser.
(M)
"Comparable Market Analysis" or "CMA" shall mean an analysis, opinion, or
conclusion prepared by a person licensed under R.I. Gen. Laws § 5-20.5-1 et seq.
in the ordinary course of his or her business relating to the price of specified
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interests in or aspects of identified real estate or identified real property by
comparison to other real property currently or recently in the marketplace for the
purpose of listing, purchase, or sale.
(N)
"Department" shall mean the Rhode Island Department of Business Regulation.
(O)
"Certified General Real Estate Appraiser" shall mean a person who fulfills the
requirements for certification for the appraisal of all types of real property without
limitation.
(P)
"Licensed Residential Real Estate Appraiser" shall mean a person qualified to
appraise noncomplex one to four (1-4) residential units having a transaction value
of less than one million dollars ($1,000,000) and complex one to four (1-4)
residential units having a transaction value of less than two hundred fifty thousand
dollars ($250,000).
(Q)
"Part Time" shall mean working an average of less than thirty-five (35) hours per
week in the appraisal profession.
(R)
"Real Estate" shall mean an identified parcel or tract of land, including
improvements, if any.
(S)
"Real Estate Broker" shall mean a person authorized to engage in activity set forth
and defined in R.I. Gen. Law’s § 5-20.5-1(4).
(T)
"Real Estate Educator" shall mean a person engaged in and otherwise qualified to
teach the real estate appraisal process or such other related segments of the real
estate industry as the Board may approve.
(U)
"Real Estate Salesperson" shall mean a person authorized to engage in activity set
forth and defined in R.I. Gen. Law’s § 5-20.5-1(5).
(V)
"Real Property" shall mean one or more defined interests, benefits, and rights
inherent in the ownership of real estate.
(W)
"Residential Property Appraisal" shall mean an appraisal of property that is used
for noncomplex single or multi-family dwellings of 1-4 units when a net income
capitalization analysis is not required by the terms of the assignment and is
consistent with applicable federal requirements and guidelines.
(X)
"State Certified Real Estate Appraiser" shall mean a person who prepares and
communicates real estate appraisals and who holds a current valid certificate
issued to him or her for either general or residential real estate under the
provisions of R.I. Gen. Laws § 5-20.7-1 et seq. In Rhode Island these appraisers
are referred to as Certified Residential Real Estate Appraisers and Certified
General Real Estate Appraisers.
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(Y)
"Trainee" shall mean an individual who has met the educational requirements of
the Appraiser Qualifications Board of the Appraisal Foundation and who has been
issued a trainee license to complete the experience requirement to become a
Licensed Residential Real Estate Appraiser working under the direct supervision
of a certified appraiser as set forth in Section 5 of these regulations.
(Z)
"USPAP" shall mean the standards set forth in the Uniform Standards of
Professional Appraisal Practice as promulgated by the Appraisal Foundation.
(AA)
"Valuation" shall mean a written estimate of the value of Real Estate or Real
Property.
Section 3
Board Administration
(A)
Election of Officers. The Board shall elect, at a minimum, a Chairperson, Vice-
Chairperson, and Secretary from its membership. The Board may elect such other
officers, as it deems appropriate. The term of office for said officers shall be one
(1) year.
(B)
Duties of Chairperson. The Chairperson of the Board shall represent the Board
before any other governmental agency, board, or function, although he or she may
delegate this responsibility to another Board member when necessary. The
Chairperson shall direct the activities of the Board.
(C)
Meetings. The Board shall meet not less than once each month with all meetings
to be conducted at the Department, 233 Richmond Street, Providence, Rhode
Island unless otherwise specified. At its January meeting, the Board shall
establish a regular schedule for such meetings. The Chairperson may, upon his or
her own motion, call for such additional meetings, as he or she shall deem
necessary or appropriate.
(D)
Routine Meeting Notices. Pursuant to the requirements of the Rhode Island Open
Meetings Laws (R.I. Gen. Laws § 42-46-1 et seq.), the Secretary of the Board
shall give written public notice of meetings of the Board by posting or causing to
be posted written notice of such meeting not less than 48 hours prior to the
scheduled time of such meeting. Said written notice shall be posted in the lobby
of the Department and at the Rhode Island State House and shall, at a minimum,
state the time, date, and place of the meeting and a statement of the nature of the
business to be discussed. All such meeting notices shall be mailed to the members
of the Board not less than seven (7) days prior to the scheduled date of such
meeting except that less notice may be given upon a showing of good cause.
Each member of the Board shall be responsible for providing the Secretary of the
Board with an updated and accurate mailing address for the purpose of receiving
such notices.
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(E)
Emergency Meeting. In the event that it shall be necessary to conduct an
emergency meeting of the Board, such a meeting may be called upon the
affirmative vote of a majority of the members of the Board. A meeting notice and
agenda shall be posted as soon as practicable and, upon meeting, the Board shall
confirm the need for the meeting by majority vote and state for the record why the
matter must be addressed in less than forty-eight (48) hours, the Board shall only
consider the issue or issues, which created the need for the emergency meeting.
(F)
Quorum. A quorum of the Board shall be a majority of the voting members of the
Board provided however, that at least three (3) of those members comprising the
quorum shall be real estate appraisers.
(G)
Minutes of the Meeting. The Secretary of the Board shall keep, or cause to be
kept, written minutes of all meetings of the Board. The publication and
preparation of the minutes shall at all times be in accordance with the provisions
of R.I. Gen. Laws § 42-46-7 (4) (b) & (c). The minutes shall include, but not be
limited to:
1.
The time, date, and place of the meeting;
2.
The names of the members of the Board in attendance at the meeting;
3.
A voting record of Board members of any vote taken; and
4.
Any other information relevant to the business of the Board and any
information that any member of the Board requests to be included or reflected in the
minutes.
(H)
Record Keeping. The Department shall maintain all records necessary and proper
to allow the Board to fulfill its obligations.
(I)
Public Access. Access to any records of the Board shall be governed by the
provisions of the Access to Public Records Act, R.I. Gen. Law’s § 38-2-1 et seq.
(J)
FFIEC List of Appraisers. The Board and Department shall approve a list of the
names of individuals in good standing holding state licenses or certificates. The
Department shall submit said list to the Appraisal Subcommittee of the Federal
Financial Institutions Examination Council.
Section 4
Fees and Charges
(A)
Establishment of Fees and Charges. The Board shall advise the Department as to
such fees and charges it recommends be assessed to any person applying for
licensing or certification as a Real Estate Appraiser. The Director of the
Department must approve all fees and charges. All fees and charges shall be non-
refundable. The Department will not prorate fees.
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(B)
Application Fees.
1.
Original Application Fee
$150
2.
Non-resident Application Fee
$200
3.
Reciprocal Application Fee
$150
(C)
Examination Fees.
1. Original Examination
As Prescribed by Pre-Approved Testing Service
2. Re-Examination
As Prescribed by Pre-Approved Testing Service
(D)
License/Certification Fees.
1. Original License/Certification (per year)
$150
2. Renewal License/Certification (per year)
$150
3. Reciprocal License/Certification (per year)
$150
4. Temporary Practice Permit/Certificate (6 mos.)
$150
(E)
Miscellaneous Fees
1.
Records Modifications
$10
2.
Duplicate Certification
$25
3.
Certificate of Licensure
$10
4.
Reinstatement Fee
$30
5.
Education Submission Fee
$25
Section 5
Licensing and Certification.
(A)
General Requirements for applicants for Licensed Residential Real Estate
Appraiser, Certified Residential Real Estate Appraiser, and Certified General Real
Estate Appraiser licenses and certificates.
(1)
General Experience Requirements.
Applicants for Licensure or Certification. All applicants for licensing or
certification as Residential or Certified General Real Estate Appraisers,
excluding Trainee licensees, shall submit evidence of appraisal experience
on a form provided by the Department. Acceptable appraisal experience
includes, but is not limited to: fee and staff appraisal, ad valorem tax
appraisal, review appraisal, appraisal analysis, real estate counseling,
highest and best use analysis, feasibility analysis/study, and teaching of
appraisal courses.
Such experience must be supported by adequate written reports or file
memoranda. Each applicant shall furnish, under oath, a detailed listing of
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the real estate appraisal reports or file memoranda for each year for which
experience is claimed by the applicant. Upon request, the applicant shall
make available to the Board or the Director of the Department a sample of
appraisal reports which the applicant has prepared in the course of his or
her practice.
Appraisal experience shall be of the type for which the applicant is
seeking a license or certification. The Appraisal Process must have been
utilized in order for appraisal experience to be applied toward the requisite
experience in the AQB Real Property Qualification Criteria. The work
claimed in the application for experience credit shall have been done in
conformity with the USPAP as promulgated by the Appraisal Foundation
in effect at the time the appraisals were prepared and/or any applicable
federal requirements.
A year of real estate appraisal experience is defined in terms of hours
within a twelve (12) month period. One thousand (1000) hours constitutes
a year of appraisal experience. A minimum of two (2) calendar years of
experience and 2000 hours is required. Hours may be treated as
cumulative in order to achieve the necessary hours of appraisal
experience.
All licensees are required to demonstrate to the satisfaction of the Board a
level of understanding of the complete Appraisal Process.
Any applicant who falsely claims experience may be subject to denial of
his or her application or suspension or revocation of an existing license.
A comparable market analysis typically performed by either a Real Estate
Broker or Salesperson may be awarded experience credit when the
Analysis is prepared in conformity with USPAP, and the applicant can
demonstrate that he or she utilizes and understands the Appraisal Process.
(2)
General Educational Requirements.
All applicants for licensing or certification as Residential or Certified
General Appraisers shall submit evidence of satisfaction of the educational
requirements for that license or certification as set forth in either Sections
5(B)(1)(a), 5(B)(2)(a), 5(B)(3)(a), and 5(B)(4)(a) of these regulations.
Concerning coursework requirements, no course of less than fifteen (15)
hours and no course in which the applicant did not pass an examination
shall be credited toward satisfying the minimum educational requirements
to become licensed and/or certified. Applicants shall submit official
documentation to the Board indicating completion of the education
offerings and that the applicant has successfully completed an examination
for the course. Credit may be granted for courses where the applicant
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obtained credit from the course provider by challenge examination without
attending the course provided such credit was granted by the course
provider prior to July 1, 1990.
(3)
General Examination Requirement.
No applicant for licensing or certification as a residential or general
appraiser shall be permitted to take an examination for licensure or
certification more than three (3) times without the express consent of the
Board. Applicants must take an examination within one (1) year of the
issuance of a test authorization card. Test scores will be held for a one (1)
year period from the date of examination. Applications will be held on file
by the Board for a two (2) year period from the date of filing. Any
successful applicant who fails to remit the license fee within one (1) year
from the date of examination will be required to re-apply and pass the
written examination.
(4)
Other General Requirements.
(a) The Board may require an applicant to demonstrate by competent
evidence that he or she is qualified to hold a license or certificate, in
accordance with the requirements of R.I. Gen. Laws § 5-20.7-1 et seq. and
these regulations. Such evidence may include letters of specific reference
or other written statements verifying or supporting the application to be
licensed or certified by the Board.
(b) Board Inquiries. The Board may require as a condition of license or
certification that each applicant authorize the Board and/or the Department
the right to make such inquiries as it deems necessary or appropriate to
verify information contained in the application and/or required to be
provided by law or regulation. The authorization shall include, without
limitation, permission to request samples of previous work performed,
evaluations by prior employers of the applicant’s work product,
explanations as to type of work performed, verification of hours and terms
of employment, verification of educational experiences and courses taken,
and information from any source relevant to the application. An applicant
shall execute all forms, authorizations, and consents as the Board deems
necessary or appropriate to obtain such information.
(B)
There are four classes of licensure and certification in ascending order of
education and experience: Trainee, Licensed Residential Real Estate Appraiser,
Certified Residential Real Estate Appraiser, and Certified General Real Estate
Appraiser. Each class of license has its own educational, examination, and
experience requirements.
(1)
Trainee License
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(a)
Education. An applicant for a Trainee license must demonstrate
that he or she has successfully completed the requisite classroom
hours of instruction in courses or seminars in accordance with
AQB Real Property Qualification Criteria in subjects related to real
estate appraisal and USPAP from a duly-licensed real estate school
pursuant to the provisions of R.I. Gen. Laws § 5-20.5-19, or a
nationally recognized appraisal organization, college, university or
other school pre-approved by the AQB or such other school
approved by the Board.
(b)
Examination. An applicant for a Trainee license must take and pass
a written examination offered and administered by a testing service
pre-approved by the Board and the Department.
(c)
Prior to the issuance of any Trainee license, the Trainee licensee
shall provide to the Department a notarized affidavit signed by the
Certified Residential Real Estate Appraiser or Certified General
Real Estate Appraiser who shall be responsible for directly
supervising the Trainee licensee. Said affidavit shall set forth the
business name, address, and license number of the supervising
appraiser and a statement by the supervising appraiser that he/she
is assuming responsibility to directly supervise the Trainee licensee
and that he/she understands and acknowledges his/her obligations
as a supervising appraiser. The Trainee may only work for one
Certified Residential Real Estate Appraiser or Certified General
Real Estate Appraiser at any given time. A Trainee’s license must
be conspicuously displayed in his or her office.
(d)
Experience. Upon completion and satisfaction of the above
education and examination requirements, the Department shall
issue a Trainee license to the applicant. A person who is licensed
as a Trainee licensee by the Department, who seeks to upgrade said
license to become a Licensed Residential Real Estate Appraiser,
must perform appraisals of residential property of the type
appropriate for Licensed Residential Real Estate Appraisers as
defined in Section 2 of these regulations. Such appraisals must be
performed within a period of two (2) years from the date of
issuance of the Trainee license and be performed under the direct
supervision of a Certified Residential Real Estate Appraiser or
Certified General Real Estate Appraiser as that process is defined
in Section 2 of these regulations.
Under the direct supervision process, the Trainee’s office shall be located
within the offices of the supervising appraiser. The supervising appraiser
shall inspect at least the first twenty-five (25) properties with the Trainee
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licensee. The inspection shall include the inside and exterior of the subject
property as well as the exterior of the comparable sales used in the report.
The appraisal report shall disclose whether the supervising appraiser has
inspected the subject property both inside and out and has made an
exterior inspection of all comparables relied upon in the appraisal. The
supervising appraiser shall review the Trainee licensee’s appraisal reports.
The supervising appraiser shall accept responsibility for the appraisal
reports by signing and certifying that the report has been prepared in
compliance with USPAP.
Upon completion of the experience and any additional educational
requirements of the AQB, the Trainee licensee may apply to the Board for
a Licensed Residential Real Estate Appraiser license. The Board shall
review the educational and experience qualifications and determine
whether to issue a Licensed Residential Real Estate Appraiser license.
(2)
Licensed Residential Real Estate Appraiser
(a)
Education. An applicant for a Licensed Residential Real Estate
Appraiser license must demonstrate that he or she has successfully
completed the requisite classroom hours of instruction in courses
or seminars in accordance with AQB Real Property Qualification
Criteria in subjects related to real estate appraisal and USPAP from
a duly-licensed real estate school pursuant to the provisions of R.I.
Gen. Laws § 5-20.5-19, or a nationally recognized appraisal
organization, college, university or other school pre-approved by
the AQB, or such other school approved by the Board.
(b)
Experience. An applicant must demonstrate he or she has attained
the requisite experience in accordance with AQB Real Property
Qualification Criteria which must have been acquired during the
five (5) years immediately preceding the applicant’s application to
the Board and have involved appraisals of residential property of
the type appropriate for Licensed Residential Real Estate
Appraisers as defined in Section 2 of these regulations.
(c)
Examination. Upon completion and satisfaction of the above
education and experience requirements, an applicant for a Licensed
Residential Real Estate Appraiser must take and pass a written
examination offered and administered by a testing service pre-
approved by the Board and the Department.
(3)
Certified Residential Real Estate Appraiser
(a)
Education. An applicant for a Certified Residential Real Estate
Appraiser license must demonstrate that he or she has successfully
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completed the requisite classroom hours of instruction in courses
or seminars in accordance with AQB Real Property Qualification
Criteria in subjects related to real estate appraisal and USPAP from
a duly-licensed real estate school pursuant to the provisions of R.I.
Gen. Laws § 5-20.5-19, or a nationally recognized appraisal
organization, college university or other school approved by the
AQB, or such other school approved by the Board.
(b)
Experience. An applicant must demonstrate he or she has attained
the requisite experience in appraising residential property in
accordance with AQB Real Property Qualification Criteria which
experience was acquired during the five (5) years immediately
preceding the filing of an application with the Board and have
involved appraisals of residential property of the type appropriate
for Certified Residential Real Estate Appraisers as defined in
Section 2 of these regulations
(c)
Examination. Upon completion and satisfaction of the above
education and experience requirements, an applicant for a Certified
Residential Real Estate Appraiser license must take and pass a
written examination offered and administered by a testing service
pre-approved by the Board and the Department.
(4)
Certified General Real Estate Appraiser
(a)
Education. An applicant for a Certified General Real Estate
Appraiser license must demonstrate that he or she has successfully
completed the requisite classroom hours of instruction in courses
or seminars in accordance with AQB Real Property Qualification
Criteria in subjects related to real estate appraisal and USPAP from
a duly-licensed real estate school pursuant to the provisions of R.I.
Gen. Laws § 5-20.5-19, or a nationally recognized appraisal
organization, college, university or other school approved by the
Appraisal Qualifications Board of the Appraisal Foundation, or
such other school approved by the Board. General certification
applicants must demonstrate course work with particular emphasis
on the appraisal of non-residential properties.
(b)
Experience. To be certified by the Board as a Certified General
Real Estate Appraiser pursuant to R.I. Gen. Laws § 5-20.7-1 et seq.
a person must demonstrate the requisite hours of experience in
accordance with AQB Real Property Qualification Criteria which
experience was acquired during the five (5) years immediately
preceding the filing of an application to the Board in appraising of
all types of real property. At least 50% of the total hours must be
in the area of commercial appraising.
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(c)
Examination. Upon completion and satisfaction of the above
education and experience requirements, an applicant for a Certified
General Real Estate Appraiser license must take and pass a written
examination offered and administered by a testing service pre-
approved by the Board and the Department.
Section 6.
Duty to Maintain Verification of Experience.
A person may be asked to verify his or her experience while licensed or certified.
All persons licensed or certified must maintain file data containing adequate written
reports or file memoranda to support his or her experience claim. Persons should not
submit such data unless requested to do so. Each person shall furnish, under oath, a
detailed listing of the real estate appraisal reports or file memoranda for each year for
which experience is claimed by the person on forms or in a manner required by the Board
and/or the Department.
Section 7
Continuing Education
(A)
Continuing Education Requirements. As a prerequisite to license and certification
renewal by the Board, an applicant must present evidence satisfactory to the
Board that:
(1)
During the immediately preceding term of licensure and/or certification,
the applicant shall have completed the requisite classroom hours of
instruction in courses or seminars in accordance with AQB Real Property
Qualification Criteria available from the Department from a duly-licensed
real estate school pursuant to the provisions of R.I. Gen. Laws § 5-20.5-
19, or a nationally recognized appraisal organization, college, university or
other school approved by the Appraisal Qualifications Board of the
Appraisal Foundation or such other school as approved by the Board. A
course that has been submitted to upgrade a license cannot be used for
continuing education credit.
(2)
In lieu of meeting the requirements of Subsection (A)(1) of this Section,
an applicant for license or certification renewal may satisfy all or part of
the renewal requirements by presenting evidence of the following:
(a)
Completion of an educational program of study determined by the
Board to be the equivalent, for continuing educational purposes, to
meet the course requirements of Subsection 1; and/or
(b)
Participation as a teacher/consultant in educational processes and
programs approved by the Board which relate to appraisal theory,
practices, or techniques, including but not necessarily limited to,
teaching, program development and preparation of textbooks,
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monographs, articles, and other instructional material; and/or
(c)
Attendance at Real Estate Appraisers Board meetings which shall
constitute no more than one (1) hour of continuing education per
meeting, provided the meeting for which credit is sought was of a
duration of at least one (1) hour for a maximum of twelve (12)
credits per year.
(3)
The Director may, for good cause shown, renew the license
and/or certificate of a person pending review of the
applicant’s continuing education compliance by the Board
and the Department. Any such renewal shall not be for a
period in excess of six (6) months.
(B)
Course Approval. Any courses offered to satisfy any of the educational criteria set
forth herein must first be submitted and approved by the Board in writing. All
courses approved prior to January 2003 must be re-submitted for approval by
January 1, 2004. All courses shall be approved for a three (3) year period from
the date of approval and must thereafter be re-submitted for approval. The Board
shall periodically publish a listing of all such courses approved.
Section 8
Reciprocity
(A)
General Requirements. The Department may, upon application, issue a license or
certificate to an applicant who has otherwise met the requirements for licensure
and/or certification in the State of Rhode Island without examination, provided
the following terms and conditions are met:
(1)
The applicant is currently certified and/or licensed as an appraiser in a
state meeting the requirements of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (FIRREA) for the licensing
and/or certification of appraisers and;
(2)
The applicant meets the current educational and experience requirements
for certification in the State of Rhode Island and;
(3)
The applicant has complied with the provisions of R.I. Gen. Law’s § 5-
20.7-16.
Section 9
Temporary Practice Permit.
Upon satisfaction of the reciprocity criteria set forth in Section 8, the Department,
upon application, may issue a temporary license or certificate for a period not to exceed
one hundred eighty (180) days.
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Section 10
Code of Ethics
All licensed or certified appraisers pursuant to R.I. Gen. Law’s § 5-20.7-1 et seq.
and these regulations shall comply with USPAP.
Section 11
Term of Licenses/Renewal
Every certificate or license issued pursuant to R.I. Gen. Law’s § 5-20.7-1 et seq.
shall be for a term of two (2) years from the date of issuance. The expiration date of the
certificate or license shall appear on the certificate or license. No other notice of its
expiration need be given to the holder thereof. Every person certified or licensed
pursuant to R.I. Gen. Laws § 5-20.7-1 et seq. who desires to renew the certification or
license shall apply for the renewal of the license or certification upon a form to be
furnished by the Department, which form shall contain whatever information is required
by the Department. Any renewal of a certification or license shall be subject to the same
provisions and requirements covering issuance, suspension, and revocation of any
certification or license as originally issued. Any person who otherwise satisfies the
renewal requirements for a license or certification may renew a license or certification
within one (1) year after its expiration date thereof for a reinstatement fee of thirty ($30)
dollars, in addition to the required renewal fee. At no time shall any certification or
license be renewed without examination if the certification or license has been expired
for more than a period of one (1) year from the date of expiration.
Any person seeking to reinstate a license after expiration must affirm by affidavit
that he or she has not engaged in any unlicensed real estate appraisal activity since the
expiration of the license. If a person has engaged in unlicensed real estate appraisal
activity pursuant to R.I. Gen.Laws §5-20.7-1 et seq., said person must file an affidavit
with the Department listing all such unlicensed activity. The Department shall review the
affidavit submitted and may either levy a sanction upon a determination that the license
may be reinstated or decide not to reinstate said license.
Section 12
Administrative Hearings
(A)
Powers and Proceedings. Except as otherwise specifically provided herein,
enforcement proceedings under this regulation shall be conducted in accordance
with R.I. Gen. Law’s §5-20.7-22 and the Department’s Central Management
Regulation 2.
(B)
Complaints.
A complaint which alleges that an appraiser has violated any
provisions of R.I. Gen. Laws § 5-20.7-1 et seq., USPAP or these regulations shall
be filed with the Board. Any person, including members of the Board, may file a
written complaint with the Board. The Board may, upon its own motion, file a
complaint against an appraiser.
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(C)
Investigation of Complaints.
(1)
Upon receipt of a complaint or upon its own motion, the Board shall
review and investigate alleged acts or omissions, which the Board
reasonably believes, may constitute cause for disciplinary action. In order
to determine if probable cause exists to conduct a hearing on a complaint,
the investigator(s) designated by the Chairperson of the Board shall cause
an investigation to be made into the allegations of the complaint.
(2)
Upon completion of the investigation, the investigators shall prepare and
submit to the Board for its consideration a written report containing
statements of fact and recommendations of the investigator(s). Thereafter
the Board may:
(a)
Order the matter be further investigated;
(b)
Allow the appraiser who is the subject of the complaint an
opportunity to appear before the Board for an informal discussion
regarding the facts and circumstances of the alleged violation. Said
informal discussion shall constitute a part of the Board’s
investigation of the pending disciplinary case and the facts
discussed at the informal discussion may be considered by the
Board in the event the matter proceeds to a contested case hearing.
The Board may seek a consent order as a result of the informal
discussion;
(c)
Determine that the investigation does not warrant a finding that
there is a basis for disciplinary action and that no probable cause
exists to believe violation has occurred, and close the case and take
no further action; or
(d)
Determine there is probable cause to believe that a violation has
occurred and recommend to the Director of the Department that the
Department proceeds with a contested case hearing.
Section 13
Inspection of Records
In order to reasonably effectuate the provisions of R.I. Gen. Laws §5-20.7-18 et
seq., and these regulations, every licensed or certified person shall make available for
inspection by the Director, or a designated representative, all records of transactions,
books of account, instruments, documents, and forms utilized or maintained by such
person in the conduct of the performance of appraisal assignments, which may be
pertinent to the conduct of an investigation of any specific complaint. All records
pertaining to appraisals shall be made available upon demand. All other records shall be
made available upon reasonable notice.
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Section 14
Severability
If any section, term, or provision of this Regulation is adjudged invalid for any
reason, that judgment will not affect, impair, or invalidate any remaining section, term, or
provision, which shall remain in full force and effect.
Section 15
Effective Date
This Regulation shall be effective twenty (20) days from the date of filing with
the Secretary of State.
EFFECTIVE DATE:
March 18, 2004