BEFORE THE BOARD OF REAL ESTATE APPRAISERS

DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

 

In the matter of the amendment of ARM 24.207.2101 continuing education

) )

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO: All Concerned Persons

 

          1. On June 24, 2016, at 9:00 a.m., a public hearing will be held in the Large Conference Room, 301 South Park Avenue, 4th Floor, Helena, Montana, to consider the proposed amendment of the above-stated rule.

 

          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 (board) no later than 5:00 p.m., on June 17, 2016, 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 provides as follows, stricken matter interlined, new matter underlined:

 

          24.207.2101 CONTINUING EDUCATION (1) through (4) remain the same.

          (5) Every other renewal year, licensees must complete at least 28 hours of instruction in courses or seminars approved by the board, at least seven hours of which must be the national USPAP update course or its AQB-approved equivalent. No online or alternative USPAP courses will be accepted.

          (6) through (9) remain the same.

 

          AUTH:  37-1-131, 37-1-319, 37-54-105, 37-54-303, MCA

          IMP:     37-1-131, 37-1-306, 37-54-105, 37-54-303, 37-54-310, MCA

 

REASON: The board has determined it is reasonable and necessary to amend this rule by removing the prohibition against online or alternative USPAP courses. This amendment will ensure that more acceptable courses are available to licensees at more varied places and times and at lower cost.  The board has addressed any apprehension about the use of alternative courses by assuring that the courses are AQB-approved as equivalent to the national USPAP update course.

 

          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., July 1, 2016.

 

          5.  An electronic copy of this notice of public hearing is available at www.realestateappraiser.mt.gov (department and board's web site). The department strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing or posting to the e-mail address 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. With regard to the requirements of 2-4-111, MCA, the board has determined that the amendment of ARM 24.207.2101 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, by facsimile to (406) 841-2305, or e-mail to dlibsdrea@mt.gov.

 

          9. Gene Allison, attorney, has been designated to preside over and conduct this hearing.

 

                                                          BOARD OF REAL ESTATE APPRAISERS

                                                          THOMAS STEVENS, CERTIFIED

                                                          GENERAL APPRAISER, CHAIRPERSON

 

/s/ DARCEE L. MOE                           /s/ PAM BUCY

Darcee L. Moe                                    Pam Bucy, Commissioner

Rule Reviewer                                    DEPARTMENT OF LABOR AND INDUSTRY

  

          Certified to the Secretary of State May 23, 2016