Wyo. Code R. 018-0001-1
Effective Date: 02/12/2007 to 10/26/2007
Rule Type: Superceded Rules & Regulations
Reference Number: 018.0001.1.02122007
Section 1. Authority. Pursuant to the authority vested in the Certified Real Estate Appraiser Board by virtue of W. S. 16-3-101 through 16-3-115 (W. S. 1977, as amended), and W. S. 33-39-101 through 33-39-130 (W. S. 1977, as amended), the following rules and regulations are hereby promulgated.
Section 2. The Wyoming Administrative Procedure Act to govern proceedings. The certified real estate appraiser board hereby adopts the Rules of Practice and Procedure which are generally applicable to the certified real estate appraiser board's proceedings before the director under the statutes he administers, particularly those which involve a hearing before the board, or its duly designated officer. Copies of said rules and amendments are available upon request.
(a) The term 'permit number' means the permit number which appears on the permit issued by the certified real estate appraiser board. Permit number and type of certification must appear on all certified appraisal reports, i.e., 'Certified General Real Estate Appraiser, Wyoming Permit No._' or 'Certified Residential Real Estate Appraiser, Wyoming Permit No._.'
(b) The term 'director' means the director of the real estate commission who serves on the board as a non-voting ex officio member.
(c) 'Trainee' is an uncertified person who works with and assists a certified appraiser in the preparation of appraisals for purposes of gaining experience to become a certified appraiser.
(d) 'Temporary work' means that the appraiser's work is of a temporary nature and certified by the appraiser not to exceed one (1) appraisal assignment to be completed within six (6) months.
(e) 'Residential appraisal' includes the appraisal of vacant or unimproved land that is utilized for 1-4 family purposes or for which the highest and best use is for 1-4 family purposes.
(a) This act shall not apply to a real estate broker, associate broker or salesman who, in the ordinary course of their business, gives an opinion of the price of real estate for the purpose of a prospective listing or sale, provided, however, this opinion of the price shall not be referred to or construed as an appraisal.
(a) The following non-refundable fees shall be charged by the certified real estate appraiser board:
| (i) | Examination fee ...$100 |
|---|---|
| (ii) | Certified general, residential or trainee three (3) year permit ... $450 |
| (iii) | Renewal of certified general, residential or trainee three (3) year permit... $450 |
| (iv) | Change of address or contractual association ... $20 |
| (v) | Duplicate permit or pocket card ... $20 |
| (vi) | Education account ... $20 |
| (vii) | Permit for temporary work ...$150 |
(a) As a prerequisite to taking the examination for a permit to practice as a certified general real estate appraiser, an applicant must furnish proof that he has successfully completed one-hundred eighty (180) classroom hours of courses in subjects related to real estate appraisal which shall meet the curriculum established and published by the board. Repetitious course work in the same curriculum will not be credited.
(b) As a prerequisite to taking the examination for a permit to practice as a certified residential real estate appraiser, an applicant must furnish proof that he has successfully completed one-hundred twenty (120) classroom hours of courses in subjects related to real estate appraisal which shall meet the curriculum established and published by the board. Repetitious course work in the same curriculum will not be credited.
(c) The examination must be taken prior to a person submitting an application for certification and furnishing proof of experience. Examination fees will not be refunded if the board denies approval of the applicant's qualifications.
(d) Every person desiring to become certified as an appraiser shall register for the examination with the testing service under contract with the board.
(i) Failure to take the examination on the scheduled date will result in cancellation of the examination fee and no refund of the examination fee will be made.
(ii) Any registrant who takes the examination and does not attain a scaled score of at least seventy-five (75), must register with the testing service and submit the examination fee to rewrite the examination.
(e) A notice to an applicant that he has received a passing score does not constitute a permit to practice. Permits are issued only pursuant to board approval.
(f) A trainee must complete seventy-five (75) hours of board approved pre-certification courses in subjects related to real estate appraisal which shall include the Uniform Standards of Professional Appraisal Practice when applying for a trainee permit.
(a) Each person desiring to become certified as a real estate appraiser shall execute an application.
(i) Applications must be fully completed and the correct fee enclosed or they will not be accepted and will be returned to the applicant.
(ii) Applicants must be at least eighteen (18) years of age.
(iii) If an applicant does not meet the experience requirement within one (1) year after passing the examination, he must retake the examination.
(b) A permit will not be placed on inactive status on original issuance.
(c) A permittee whose permit is held by the board on an inactive status must apply for renewal of such inactive permit and pay the regular fee.
(a) To be certified as a residential real estate appraiser or a general real estate appraiser, an applicant must present evidence satisfactory to the board that he satisfies the statutory experience requirement.
(b) A certified residential appraiser shall have two (2) years of experience and a general appraiser shall have two and one-half (2 1/2) years of experience in real property appraisal acquired within the five (5) year period immediately preceding the filing of the application for certification.
(c) Effective July 1, 2003, in order to obtain certification as a residential appraiser, the total experience shall consist of a minimum of one hundred seventy-five (175) supportable and documented residential appraisal reports to include at least one hundred (100) complete appraisals as defined in the Uniform Standards of Professional Appraisal Practice in compliance with W.S. 33-39-107.
(i) Where the experience claimed is in the capacity of a reviewing appraiser, the total experience shall consist of reviewing a minimum of two hundred fifty (250) residential reports. A reviewing appraiser is one who has reviewed the report as a reviewing appraiser in compliance with W.S. 33-39-107.
(ii) In the event the experience claimed consists of a combination of performing appraisals and of a reviewing appraiser, the experience claimed shall consist of a minimum of one hundred (100) residential appraisal reports and a minimum of one hundred twenty-five (125) review appraisals in compliance with W.S. 33-39-107.
(d) Effective July 1, 2003, in order to obtain certification as a general real estate appraiser, the total experience shall consist of a minimum of fifty (50) non-residential appraisal reports, excluding residential lots of 1-4 units, to include at least forty (40) complete appraisal reports that are supported, documented and presented in a format in compliance with the Uniform Standards of Professional Appraisal Practice in compliance with W.S. 33-39-107; or
(i) Where the experience claimed is in the capacity of a reviewing appraiser, the total experience shall consist of reviewing a minimum of seventy-five (75) non-residential reports. A reviewing appraiser is one who has reviewed the report as a reviewing appraiser as defined in the Uniform Standards of Professional Appraisal Practice in compliance with W.S. 33-39-107, or
(ii) Where the experience claimed consists of a combination of performing appraisals and of a reviewing appraiser, the experience claimed shall consist of reviewing a minimum of fifty (50) non-residential appraisal reports and production of twenty-five (25) non-residential appraisal reports that are supported, documented and presented in a format as defined in the Uniform Standards of Professional Appraisal Practice in compliance with W. S. 33-39-107.
(e) In case a person is unable to meet any of the above criteria due to the scale or the complexity of the appraisals performed, the board may take these facts into consideration and may accept less than the required number of reports based upon the extent that the appraisals are shown to have required the expenditure of more time or the use of a higher degree of skill than the average appraisal.
(f) An applicant for general or residential certification must submit with their application an appraisal report they have completed that is fully self-contained, with original photographs, that addresses all three approaches to value. Such report will be returned after it is reviewed by the board.
(g) In order for a trainee to obtain experience necessary to become certified under federal requirements, a certified appraiser may utilize the services of a trainee as long as the certified appraiser:
(i) Signs the final appraisal document and assumes full responsibility for it;
(ii) Does not allow the 'trainee' to make any representations regarding the appraisal to a third party; and
(iii) Discloses in the appraisal report the name of the trainee and the scope of the trainee's contribution to the report.
(a) A renewal application shall include proof that the permittee has completed at least forty-five (45) hours of continuing education which shall meet the curriculum established and published by the board, during the preceding three (3) year renewal period. Repetitious course work in the same curriculum will not be credited. An inactive permittee will not be required to furnish proof of continuing education until such time as he requests the activation of an inactive permit.
(b) Failure to remit renewal fees when due shall automatically cancel a permit.
(i) Any permittee whose permit has been canceled for failure to renew must comply with all requirements of a new applicant, including writing the appropriate examination, before a permit is reissued.
(a) Any entity or individual desiring course/seminar approval or an instructor desiring approval by the board must make application on forms prescribed by the board which require information concerning the course/seminar being offered, course/seminar outline, examination, grading system and instructor qualifications.
(b) 'Proof of attendance' is a certified transcript from a recognized community college or university or a certificate from the entity offering the course/seminar which states the name of the permittee, the title of the course/seminar, and the date of completion.
(c) The board may accept the following courses/seminars as meeting standards for appraiser education:
(i) Any course/seminar in appraisal offered by any institution accredited by a regional accrediting agency which is recognized by the Office of Education of the United States Department of Health, Education and Welfare.
(ii) Any course/seminar in appraisal approved by the board or by an appraiser regulatory body in any state or province with approval standards equal to those established by the board.
(d) The board may approve courses/seminars by other schools, professional societies or organizations if they meet the board's standards.
(e) No pre-certification education course shall be approved if it is less than fifteen (15) classroom hours in duration.
(f) No seminar for continuing education shall be approved if it is less than three (3) classroom hours in duration.
(g) An approved course/seminar may be monitored by a representative of the board.
(h) All courses and seminars that have been approved expire three (3) years from the date of approval except those approved prior to July 1, 2003 which expire on the next anniversary date of original approval. After expiration, the provider must request approval for a three (3) year period and submit the required fee.
(a) Course/seminar instructors must have forty (40) hours of teaching appraisal course/seminar experience within the past two (2) years and shall meet at least one of the following qualifications, unless granted a special exception by the board:
(a) If the board determines that an instructor or offering previously approved no longer meets the prescribed standards, a written notice of withdrawal of approval will be given stating the reasons for the withdrawal. The withdrawal becomes effective twenty (20) days from the date of the notice unless the person or entity giving the course/seminar files with the board a written request for a hearing before the withdrawal becomes effective.
(i) If a request for a hearing is filed, the withdrawal of approval will not become effective unless ordered by the board within ninety (90) days after the hearing.
(a) The board shall not entertain complaints between permittees concerning matters of fees, the earning, splitting or the nonpayment thereof.
Section 14. Regulatory enforcement grounds. In addition to the statutory grounds for disciplinary action against a permittee (W.S. 33-39-123), the board may similarly take disciplinary action for any of the following:
(a) An act of omission involving dishonesty, fraud or misrepresentation with the intent to substantially benefit the permit holder or another person or with the intent to substantially injure another person; or
(b) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report or communicating an appraisal; or
(c) Failure to notify board of a change of address.
(d) Appraising a property type that is outside the scope of a residential permit. However, appraisers holding a residential permit may obtain the experience necessary to upgrade to a general permit by appraising properties that are outside the allowed scope of a residential permit by associating with an appraiser holding a Wyoming general permit, provided that:
(i) The appraiser holding the general permit must review, sign, and accept responsibility for the appraisal and report, and
(ii) The report must fully disclose each appraiser’s role in the appraisal and reporting process, and
(iii) The residential permit holder must not make any representations regarding the value analysis to a third party.
(e) Failure to produce documents and records concerning an appraisal under investigation by the board.
(f) Failure to appear and to testify under oath at a hearing held by the board.
(a) An appraiser certified in his resident state may apply for a permit in Wyoming for temporary work for one (1) appraisal assignment to be completed within six (6) months from date of issuance of temporary permit.
(i) The appraiser must submit to the board a copy of the engagement agreement for the assignment and pay the fee for the permit for temporary work.
(ii) A single appraisal assignment may include one or more properties under one contract for a single client.
(iii) One extension to the permit for temporary work may be granted.
(a) A supervising certified appraiser shall be responsible for and provide direct supervision of the work performed by a trainee in accordance with the Uniform Standards of Professional Appraisal Practice. Direct supervision means to:
(i) Accept full responsibility for the report; and
(ii) Approve and sign the report as being independently and impartially prepared and in compliance with the Uniform Standards of Professional Appraisal Practice.
(b) The supervising certified appraiser shall review and sign the experience log required to be kept by the trainee.
(c) Upon request, the supervising certified appraiser shall provide the board with a copy of any appraisal report that the trainee signed under their supervision.
(d) The supervising certified appraiser must disclose in the appraisal report the name of the trainee and the scope of the trainee’s contribution to the report.
(a) The trainee must work under the direct supervision of a certified appraiser.
(b) The trainee must maintain an experience log on a form provided by the board. The supervising certified appraiser must review and sign the experience log.
The trainee must participate in the appraisal process in order to receive credit for hours spent and appraisals completed.