New York regulations

Title 19 Part 1103

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19 NYCRR 1103.1 - Definitions

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19 NYCRR 1103.2 - Prospective licensees

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19 NYCRR 1103.3 - Appraisal schools

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19 NYCRR 1103.4 - Instructors and supervising appraisers

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(a)Instructor qualifications.

Each approved appraisal school may have its own instructor qualification requirements. In addition prospective instructors must apply to the department for approval and must present evidence of the following Appraisal Qualifications Board (AQB) approved qualifications:

(1)Licensed residential course instructor. Persons wishing to become an approved instructor of a licensed appraisal course must provide evidence of having obtained a general or residential appraiser certification or State licensed appraiser classification in New York or any other state, or must pass the NYS licensed, residential or general appraiser examination.
(2)Certified residential course instructor. Persons wishing to become an approved instructor of a certified residential appraisal course must provide evidence of having obtained a general or residential appraiser certification in New York or any other state or must pass the NYS certified residential or general appraiser examination.
(3)Certified general course instructor. Persons wishing to become an approved instructor of a certified general appraisal course must provide evidence of having obtained a general appraiser certification in New York or any other state or must pass the NYS certified general appraiser examination.
(4)USPAP. Persons wishing to become an approved instructor of the National USPAP appraisal course must be certified by the Appraisal Qualifications Board as a certified USPAP instructor and must be either a certified residential appraiser or a certified general appraiser. For the purpose of this subdivision, the instructor may be a certified appraiser in NYS or any other state.
(b)Supervising appraiser qualifications.

Persons wishing to become a supervisor of one or more appraiser assistants must provide evidence of having a general or residential appraiser certification in New York State and must have been state certified for a minimum of three years and complete the Supervisory Appraiser/Trainee Appraiser course.

(1)Notwithstanding any other law, rule or regulation, all supervisory appraisers must complete the Supervisory Appraiser/Trainee Appraiser course no later than December 31, 2015 or prior to entering into any new Supervisory/Trainee Appraiser relationship after January 1, 2015.
(c)Ineligibility.

An individual who has had a real estate broker, salesperson or an appraisal license or certification revoked or suspended or has been subject to any disciplinary action that affects the Supervisory Appraiser’s legal eligibility to engage in appraisal practice within the last three years is ineligible to receive instructor approval from the department and is ineligible to supervise appraisers assistants.

(d)Instructor fees.

All instructors must pay the department a one-time instructor application fee of $50. Those instructors who must also pass an appraiser examination to qualify to be a NYS approved instructor shall also pay an examination application fee $25. The successful completion of said examination may be applied toward the examination requirement for certification/licensure. Fees shall be payable on submission of the application or applications and are nonrefundable.

19 NYCRR 1103.5 - Course approval, denial, suspension and revocation by the department

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(a)Approval and denial of appraisal courses.

Within 60 days after the receipt of an application for approval or recognition of an appraisal course, the department shall inform the applicant as to whether the application has been approved, denied or whether additional information is needed to determine the acceptability of the application.

(b)Suspension and revocation of approval.

The department may deny, suspend or revoke the approval of an appraisal school, instructor, appraisal course or location if it is determined that the appraisal school, instructor, appraisal course or location has failed to comply with any provision of this Part or article 6-e of the Executive Law. Grounds for suspension or revocation are: if the appraisal course does not adequately reflect current real estate appraisal knowledge; if the appraisal school, instructor or anybody associated with the school or instructor has obtained, used or attempted to obtain or use the department's appraisal examination questions or if the examination records of the department disclose that prospective licensees attending the appraisal school have demonstrated, during any annual period, a performance record substantially below the statewide average for first time examination candidates. If disciplinary action is taken, a written order of suspension, revocation or denial of approval will be issued. An appeal from such denial, suspension or revocation shall be made in writing to the Secretary of State or his or her designee.

19 NYCRR 1103.6 - Residential course outlines

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19 NYCRR 1103.7 - National Uniform Standards of Professional Appraisal Practice (USPAP) course

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(a)Effective until December 31, 2002, an appraisal course for ethics and standards of professional practice shall include at least 10 hours of instruction related to the National USPAP. An appraisal course may contain up to five hours of other topics related to ethics and standards of professional practice such as:
(1)background of ethics and standards/regulations and legislation;
(2)title XI Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA);
(3)New York State appraiser certification laws.
(b)Effective January 1, 2003, an appraisal course for ethics and standards of professional practice must consist of the 15-hour “National USPAP course” or its equivalent. An appraisal course is equivalent only if it has been certified as equivalent by the Appraisal Qualification Board of the Appraisal Foundation.
(c)The National USPAP course, or its equivalent, and the USPAP update course shall be taught by an instructor who has been certified as a “certified USPAP instructor” by the Appraisal Qualification Board of the Appraisal Foundation and who is either a certified residential real estate appraiser or a certified general real estate appraiser in New York or any other state.
(d)National USPAP course outline.

Contact the Appraisal Foundation for the current outline for the 15-hour USPAP course. The most current copy must be submitted to the Department of State for approval. All appraisal schools must utilize the Appraisal Foundation course outline in conducting their programs.

19 NYCRR 1103.8 - Statistics, modeling and finance (SMF) course outline

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The following are the required subjects to be included in the courses of study and the required number of hours to be devoted to statistics, modeling and finance. All appraisal schools must utilize this course outline in conducting their programs. This course outline is not intended to substitute for specific outlines for the proposed course.

A. Statistics

4 hours

B. Valuation Models (AVM's and Mass Appraisal)

4 hours

C. Real Estate Finance

6 hours Final Examination (35-30 questions) 1 hour Total 15 hours

19 NYCRR 1103.9 - Residential elective (RE) course outline

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19 NYCRR 1103.10 - General course outlines

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19 NYCRR 1103.11 - General elective (GE) course outlines

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19 NYCRR 1103.12 - Supervisor Appraiser/Trainee Appraiser course outline

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19 NYCRR 1103.13 - Distance learning

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is defined as any educational process based on the geographical separation of instructor and student. Educational providers who wish to offer distance learning programs must have their programs evaluated and approved in accordance with sections 1103.14, 1103.15 and 1103.16.

19 NYCRR 1103.14 - Distance learning program requirements

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(a)Distance learning course material must be divided into major units and the content of those units must be divided into modules of instruction.
(b)Distance learning programs must contain a time-default mechanism for inactivity so that a student does not receive credit when not actively participating in the program.
(c)Providers of distance learning programs must retain a record of each student’s participation in and completion of the distance learning program for a period of three years from the date of completion and shall make these records available for review and inspection by the department, upon request.
(d)Providers of distance learning programs must make an instructor approved pursuant to section 1103.4 of this Part available to students during reasonable business hours to answer questions pertaining to the qualifying course content.
(e)Distance learning courses must include a proctored final examination which must be held at a location within New York State approved by the department.
(f)Distance learning courses must obtain course delivery mechanism approval from one of the following sources:
(1)an appraiser qualifications board approved organization providing approval or course design and delivery;
(2)a college that qualifies for content approval and awards academic credit for the distance education course; or
(3)a qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporates interactivity.

19 NYCRR 1103.15 - Request for approval of distance learning programs

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Applications for approval to conduct distance learning courses of study shall be made on an application prescribed by the department 60 days before the proposed course is to be conducted.

19 NYCRR 1103.16 - Course completion for distance learning courses

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(a)To earn credit for a distance learning course, a student must successfully complete the course within 12 months of starting the program. This shall include passing the course provider’s final examination.
(b)Providers of distance learning courses shall provide students who have successfully completed such a distance learning course with a certificate of completion. The certificate shall include, at a minimum, the following information: the name of the student, the name of the person or entity providing the course, the name of the course, the Department of State-issued code number of the approved course provider and the date on which the student completed the course. The certificate must be signed by the owner of the entity providing the course or the course coordinator and dated.

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