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09.19.02.04 - Board for Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 40, ISSUE 25,
FRIDAY, DECEMBER 13, 2013

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 19 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - REAL ESTATE APPRAISERS

09.19.02 Educational Requirements

Authority: Business Occupations and Professions Article, §§16-216, 16-220, 16-309, and 16-511, Annotated Code of Maryland

Notice of Proposed Action
[13-394-P]

The Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors proposes to amend Regulation .04 under COMAR 09.19.02 Educational Requirements. This action was considered at a public meeting of the Commission held on August 13, 2013, notice of which was given in 40:15 Md. R. 1328 (July 26, 2013) pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify that if a licensee or certificate holder elects to renew a license or certificate in advance of its expiration date, a total of 42 hours of continuing education must be completed prior to filing the license or certificate renewal application. This action is being proposed in response to the Commission’s determination that some licensees and certificate holders selected in continuing education audits have conveyed their belief that they had until the license or certificate expiration date to complete the continuing education required for renewal, despite verifying on the renewal application that he or she had completed the education prior to submission of the renewal application. The existing regulation requires a renewal applicant to complete 14 hours of continuing education for each full year the applicant has been licensed or certified, with a total of 42 hours required for the 3-year license or certificate term. The proposed action clarifies that the required continuing education must be completed at the time the licensee or certificate holder submits the renewal application, even if renewal is sought prior to the expiration date of the license or certificate. An outdated reference to an earlier course hour requirement is being deleted as part of this proposal.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Patti Schott, Administrator, Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6165, or email to pschott@dllr.state.md.us, or fax to 410-333-6314. Comments will be accepted through January 13, 2014. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors during a public meeting to be held on February 11, 2014 at 10:30 a.m., at 500 N. Calvert Street, Baltimore, MD 21202.

.04 Continuing Education.
  A. Renewal Requirements.
    (1) In order to be considered for renewal as a certified general real estate appraiser, certified residential real estate appraiser, licensed real estate appraiser, or appraiser trainee, the applicant shall have completed [an average of 10 course] 14 hours of continuing education for each [full] year or portion thereof the applicant has been certified or licensed, since the initial issuance of the license held or, if appropriate, the most recent renewal. These courses shall be approved by the Commission as set forth in this regulation.
    (2) [On or after January 1, 1999, a renewal applicant shall have completed 14 hours of continuing education for each full year the applicant has been certified or licensed, including licensure as a real estate appraiser trainee, since the initial issuance of the license held or, if appropriate, the most recent renewal.] A total of not less than 42 hours of continuing education during each license term is required for renewal.
    (3) A licensee or certificate holder shall complete the continuing education required by §A(1)—( 2) of this regulation prior to filing any application for renewal of a license or certificate, notwithstanding the expiration date for the license or certificate to be renewed.
    (4) Failure to complete the continuing education required by §A(1)—(2) of this regulation in advance of filing any application for renewal of a license or certificate may be considered by the Commission to be a violation of Business Occupations and Professions Article, §16-701(a)(1)(i), Annotated Code of Maryland, among other potential violations related to failure to complete the required continuing education hours.

GEORGE FAIR
Chairman
Commission of Real Estate Appraisers, Appraisal Management Companies and Home Inspectors