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Rule Title: INCORPORATION BY REFERENCE OF THE REAL PROPERTY APPRAISER QUALIFICATION CRITERIA
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Department: LABOR AND INDUSTRY
Chapter: BOARD OF REAL ESTATE APPRAISERS
Subchapter: Procedural Rules
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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24.207.203    INCORPORATION BY REFERENCE OF THE REAL PROPERTY APPRAISER QUALIFICATION CRITERIA

(1) Except as stated in (3) and ARM 24.207.508 regarding ad valorem appraisal experience, the board adopts and incorporates by reference the Real Property Appraiser Qualification Criteria effective January 1, 2022, in its entirety, inclusive of the criteria, interpretations, guide notes, and Q&A, and Policy Statements, published by the Appraiser Qualifications Board of the Appraisal Foundation. The Real Property Appraiser Qualification Criteria are commonly referred to as the "AQB criteria." A copy of the criteria and policy statements are available from the Appraisal Foundation at www.appraisalfoundation.org, or 1155 15th Street NW, Suite 1111, Washington, DC 20005. 

(2) The AQB criteria covers the qualifying experience, education, examination, and background check requirements necessary to become a trainee, trainee supervisor, licensed appraiser, or certified appraiser; and the standards, scopes of practice, and continuing education requirements for each category of licensure.

(3) The board amends the following AQB Criteria:

(a) "Criteria Specific to Continuing Education," Part III F, paragraph 11 is amended with the addition of the following: "The board has a two-year continuing education cycle."

(b) "Criteria Specific to Continuing Education," Part III F, paragraph 13, delete the first sentence and replace with the following: "If after audit, a credential holder is determined to be deficient in continuing education, the state will offer a 60-day opportunity to cure and complete all required education hours for that continuing education cycle. If the credential holder fails to cure the continuing education deficiency, the state will place the credential holder in an "administrative suspension" status and report the credential holder to the national registry as AQB-noncompliant until the audited deficiency and any accrued deficiency is cured. A demonstrated pattern of deficiencies may result in referral to the board for traditional disciplinary action."

(c) "Background Checks," Part VII, paragraph C, is amended with the addition of the following: "As provided by Title 37, chapter 1, part 2, MCA, the board may not base a denial of a license solely on a previous criminal conviction unless it finds, after investigation, the applicant has not been sufficiently rehabilitated as to warrant the public trust."

 

History: 37-1-131, 37-54-105, MCA, IMP, 37-1-131, 37-1-203, 37-1-321, 37-54-105, MCA; NEW, 2019 MAR p. 53, Eff. 1/12/19; AMD, 2021 MAR p. 1322, Eff. 10/9/21; AMD, 2022 MAR p. 910, Eff. 6/11/22.


 

 
MAR Notices Effective From Effective To History Notes
24-207-46 6/11/2022 Current History: 37-1-131, 37-54-105, MCA, IMP, 37-1-131, 37-1-203, 37-1-321, 37-54-105, MCA; NEW, 2019 MAR p. 53, Eff. 1/12/19; AMD, 2021 MAR p. 1322, Eff. 10/9/21; AMD, 2022 MAR p. 910, Eff. 6/11/22.
24-207-45 10/9/2021 6/11/2022 History: 37-1-131, 37-54-105, MCA, IMP, 37-1-131, 37-1-203, 37-1-321, 37-54-105, MCA; NEW, 2019 MAR p. 53, Eff. 1/12/19; AMD, 2021 MAR p. 1322, Eff. 10/9/21.
24-207-42 1/12/2019 10/9/2021 History: 37-1-131, 37-54-105, MCA, IMP, 37-1-131, 37-1-203, 37-1-321, 37-54-105, MCA; NEW, 2019 MAR p. 53, Eff. 1/12/19.
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