201 KAR 30:125. Continuing education for appraisers.

      RELATES TO: KRS 324A.035(3), 324A.045(2), 12 U.S.C. 3331-3351

      STATUTORY AUTHORITY: KRS 324A.020, 324A.035(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 324A.035(3) requires the board to establish by administrative regulation requirements for continuing education for appraisers. Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C. 3331-3351, establishes requirements for the renewal of certification or licensure of appraisers of real property in federally-related transactions. This administrative regulation establishes the continuing education requirements for appraisers.

      Section 1. Continuing Education: Number of Hours Required. Certified general real property appraisers, certified residential real property appraisers, licensed real property appraisers, and associate real property appraisers shall:

      (1) Complete fourteen (14) hours of approved continuing education each license year; and

      (2) Furnish the board with proof of compliance.

      Section 2. Continuing Education. (1) Continuing education credit may be granted for:

      (a) Approved continuing education courses; or

      (b) Participation, other than as a student, in appraisal educational programs and processes not to exceed seven (7) hours of the required fourteen (14) hours of continuing education for each licensure year.

      (2) Appraisal educational programs and processes shall include:

      (a) Teaching a course, however credit for instructing any given course shall only be awarded one time during a continuing education cycle;

      (b) Program development;

      (c) Authorship of textbooks; or

      (d) Similar activities that are determined by the board to be equivalent to obtaining continuing education.

      (3) Continuing education credit shall be granted if a course:

      (a) Is at least two (2) hours in duration;

      (b) Subject ensures that an appraiser's skill, knowledge, and competency in real estate appraisal will be maintained or increased; and

      (c) Has been approved by the board.

      (4) Application for continuing education credit shall be submitted to the board in writing and documented by the approved provider of instruction.

      (5) To be approved for continuing education credit, a course shall be consistent with the purpose of continuing education and cover those real property related appraisal topics, including:

      (a) Ad valorem taxation;

      (b) Arbitration, dispute resolution;

      (c) Courses related to the practice of real estate appraisal or consulting;

      (d) Development cost estimating;

      (e) Ethics and standards of professional practice, USPAP;

      (f) Land use planning, zoning;

      (g) Management, leasing, timesharing;

      (h) Property development, partial interests;

      (i) Real estate law, easements, and legal;

      (j) Real estate litigation, damages, condemnation;

      (k) Real estate financing and investment;

      (l) Real estate appraisal related computer applications;

      (m) Real estate securities and syndication;

      (n) Green building construction;

      (o) Impact of seller concessions;

      (p) Appraising personal property as a component of real property value; or

      (q) Appraising business value as a component of real property value.

      (6) Real estate appraisal related field trips may be acceptable for credit toward the continuing education requirements. However, transit time to or from the field trip shall not be included when awarding credit unless instruction occurs during the transit time.

      (7)(a) All credential holders shall successfully complete the seven (7) hour National Uniform Standards of Professional Appraisal Practice Update Course, or its equivalent, between January 1 and June 30 of each even numbered year.

      (b) Equivalency shall be determined through the Appraiser Qualifications Board Course Approval Program or by an alternate method established by the Appraiser Qualifications Board.

      (c) USPAP continuing education credit shall only be awarded when the class is instructed by an AQB Certified Instructor who is also a State Certified General Real Property Appraiser or a State Certified Residential Real Property Appraiser.

      (8) The board shall defer continuing education requirements for up to 180 days for credential holders returning from active military duty.

      (9) Credit for repeating the same course title and content within a twenty-four month (24) period shall not be granted. (37 Ky.R. 2100; eff. 5-6-2011; 38 Ky.R. 86; eff. 10-5-2012.)