BEFORE THE BOARD OF REAL ESTATE APPRAISERS

                             DEPARTMENT OF LABOR AND INDUSTRY 

                                               STATE OF MONTANA

 

In the matter of the amendment of ARM 24.207.203 incorporation by reference of the Real Property Appraiser Qualification Criteria

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On August 4, 2021, at 9:00 a.m., a public hearing will be held via remote conferencing to consider the proposed amendment of the above-stated rule. There will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways:

            a. Join Zoom Meeting, https://mt-gov.zoom.us/j/88072528120

                  Meeting ID: 880 7252 8120, Passcode: 262879

                  -OR-

            b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656

                  Meeting ID: 880 7252 8120, Passcode: 262879

 

            The hearing will begin with a brief introduction by department staff to explain the use of the videoconference and telephonic platform. All participants will be muted except when it is their time to speak.

 

            2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Real Estate Appraisers no later than 5:00 p.m., on July 28, 2021, to advise us of the nature of the accommodation that you need. Please contact Sharon Peterson, Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2375; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or dlibsdrea@mt.gov (board's e-mail).

 

            3. The rule proposed to be amended is as follows, stricken matter interlined, new matter underlined:

 

            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 May 1, 2018 January 1, 2021, in its entirety, inclusive of the criteria, interpretations, guide notes, and Q&A, and Policy Statements, effective March 2018, 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) and (3) remain the same.

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

            (b) remains the same.

            (c) "Background Checks," Part VI 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."

 

            AUTH:   37-1-131, 37-54-105, MCA

            IMP:       37-1-131, 37-1-203, 37-1-321, 37-54-105, MCA

 

REASON: The Appraiser Qualifications Board (AQB) published a new version of the Real Property Appraiser Qualification Criteria effective January 1, 2021. The change in the criteria is the adoption by the AQB of the Practical Applications of Real Estate Appraisal (PAREA) effective January 1, 2021.  These new minimum criteria provide another pathway for aspiring appraisers to fulfill their experience requirements by taking advantage of innovative technology.  PAREA is designed to offer practical experience in a virtual environment combining appraisal theory and methodology in real-world simulations.  The board determined it is reasonably necessary to amend (1) to incorporate this new version of the criteria. The board is also amending (3)(a) and (c) to reflect the new numbering of the January 1, 2021, criteria.

 

            4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to dlibsdrea@mt.gov, and must be received no later than 5:00 p.m., August 6, 2021.

 

            5. An electronic copy of this notice of public hearing is available at www.realestateappraiser.mt.gov (department and board's web site). Although the department strives to keep its web sites accessible at all times, concerned persons should be aware that web sites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a web site do not excuse late submission of comments.

 

            6. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; faxed to the office at (406) 841-2305; e-mailed to dlibsdrea@mt.gov; or made by completing a request form at any rules hearing held by the agency.

 

            7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            8. Regarding the requirements of 2-4-111, MCA, the board has determined that the amendment of ARM 24.207.203 will not significantly and directly impact small businesses.

            Documentation of the board's above-stated determination is available upon request to the Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2375; facsimile (406) 841-2305; or to dlibsdrea@mt.gov.

 

            9. Sharon Peterson, Executive Officer, has been designated to preside over and conduct this hearing.

 

	BOARD OF REAL ESTATE APPRAISERS PETER FONTANA CERTIFIED RESIDENTIAL APPRAISER PRESIDING OFFICER
/s/ DARCEE L. MOE Darcee L. Moe Rule Reviewer	/s/ LAURIE ESAU Laurie Esau, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State June 29, 2021.