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42.18.207    AGRICULTURAL PROPERTY CERTIFICATION REQUIREMENTS

(1) The employee must be previously certified as a residential appraiser by the standards set forth in ARM 42.18.206.

(2) Training and testing criteria shall be as follows:

(a) Department training sessions will be offered annually if funding is available and if there are sufficient numbers of field staff who require the courses.

(b) The employee shall attend the first scheduled agricultural land classification/appraisal (ALCA) training session after being assigned ALCA responsibilities. Satisfactory completion of the ALCA training session shall include successful completion of the written examination conducted at the conclusion of the ALCA training session. If the employee fails to successfully complete the first written examination, attendance at the next ALCA training session shall be required. Failure to successfully complete the second written examination shall result in immediate termination of employment or demotion to a residential appraisal position, if the position is available and the individual is certified to perform in that position.

(3) After successful completion of the ALCA training session, the employee shall prepare a written ALCA demonstration narrative report (agricultural narrative report) as specified by the department's requirements. The department will allow up to 40 hours of administrative leave to each employee in order to complete each required report. The report shall be submitted to the department within six months after successful completion of the training session, or within 30 days after using the administrative leave granted, whichever occurs first.

(a) The report must consist of at least one completed appraisal (classification) of an ownership large enough and diverse enough to adequately demonstrate the ability to differentiate between classes and productive grades of land. The report may be completed on an ownership containing many different agricultural land classifications. At a minimum, the report must consider an ownership with at least two different agricultural land classifications, one of which must be grazing. Materials submitted for this demonstration appraisal shall include:

(i) a copy of ownership plat in which property is situated;

(ii) a copy of property record card (AB-9) properly completed;

(iii) a copy(ies) of field notes properly completed;

(iv) copies of soil survey information utilized;

(v) a copy of mylar overlay or GIS map of area (ownership) and comparable adjoining properties. This will show the number of acres in each class and grade of land by 40-acre tract or fractional lot for both the subject property and comparables;

(vi) copies of other pertinent data utilized in classifying and grading the property, including precipitation information; and

(vii) a detailed narrative explaining and justifying the classifications and grading established.

(b) Within two months after submission of the report by the employee, the department shall advise the employee in writing whether the report is satisfactory. If the report is unsatisfactory, the employee shall have two months from the date of notification to correct and resubmit the report. No additional administrative leave shall be granted for this purpose. Failure to successfully complete a written narrative report shall result in immediate termination of employment or demotion to a residential appraisal position, if the position is available and the individual is certified to perform in that position. Upon final acceptance, the agricultural narrative report shall become the property of the department.

(c) Extensions of the timeframes for submitting the reports may be requested in writing by the employee's direct supervisor. The written request shall be directed to the appropriate regional manager for consideration. The regional manager will then be responsible for approving or denying the request, with copies of the action taken being distributed to the employee, the employee's immediate supervisor, and the administrator.

(4) Upon successful attainment of the criteria set forth in (1) , (2) , and (3) , the employee shall undertake a one-year period of on-the-job ALCA work. The commencement of the year experience requirement will coincide with the employee's notification of being assigned ALCA responsibilities. All work will be supervised by the department. Failure to perform the classification/appraisal work satisfactorily at any time during the one-year period shall result in immediate termination or demotion to a residential appraisal position, if the position is available and the individual is certified to perform in that position.

(5) The department may waive the criteria set forth in (1) , (2) , (3) , or (4) if sufficient proof is presented that the employee has previously fulfilled such criteria. For example, the employee may have previously worked as an agricultural fee appraiser and prepared demonstration agricultural appraisal reports for clients. A copy of one of those reports would suffice for the criteria in (3) .

History: 15-1-201, MCA; IMP, 15-7-107, 15-7-111, MCA; NEW, 2003 MAR p. 804, Eff. 4/25/03; AMD, 2006 MAR p. 3101, Eff. 12/22/06.

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