BEFORE THE BOARD OF REAL ESTATE APPRAISERS

DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

 

In the matter of the amendment of ARM 24.207.401 fees, 24.207.403 regulatory reviews, 24.207.404 appraisal review, 24.207.406 definitions, 24.207.408 military training or experience, 24.207.501 examination, 24.207.502 application requirements, 24.207.503 experience - number of hours required, 24.207.504, 24.207.505, 24.207.506, and 24.207.507 qualifying education course requirements, 24.207.508 ad valorem tax appraisal experience, 24.207.509 qualifying experience, 24.207.510 scope of practice, 24.207.517 trainee requirements, 24.207.518 mentor requirements, 24.207.1507 appraisal management record keeping, 24.207.1509 AMC audit requirements, 24.207.2101 continuing education, 24.207.2102 continuing education noncompliance, and the adoption of NEW RULES I and II unprofessional conduct

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NOTICE OF AMENDMENT AND ADOPTION

 

TO: All Concerned Persons

 

            1. On November 6, 2014, the Board of Real Estate Appraisers (board) published MAR Notice No. 24-207-38 regarding the public hearing on the proposed amendment and adoption of the above-stated rules, at page 2714 of the 2014 Montana Administrative Register, Issue No. 21.

 

            2. On December 1, 2014, a public hearing was held in Helena on the proposed amendment and adoption of the above-stated rules. Comments were received by the December 5, 2014, comment deadline.

 

            3. The board has thoroughly considered the comments received. A summary of the comments received and the board's responses are as follows:

 

COMMENT: Several commenters suggested that the language in New Rule II be revised to limit the types of requests for which an appraisal management company could face disciplinary action to requests that are related to the board's statutory authority under Title 37, chapter 54, MCA, regarding audits, investigations, or complaints.

 

RESPONSE: The board acknowledges that the language of proposed New Rule II is broad. However, the board understands it cannot stray beyond the regulatory authority granted to the board by the legislature.  The proposed language is necessarily broad to allow the board to collect information required to complete routine administrative tasks associated with licensing appraisal management companies.  Any appraisal management company responding to a request from the board will have an opportunity to request clarification of the request and may challenge the basis for the request as part of the complaint process.

 

            4. The board has amended ARM 24.207.401, 24.207.403, 24.207.404, 24.207.406, 24.207.408, 24.207.501, 24.207.502, 24.207.503, 24.207.504, 24.207.505, 24.207.506, 24.207.507, 24.207.508, 24.207.509, 24.207.510, 24.207.517, 24.207.518, 24.207.1507, 24.207.1509, 24.207.2101, and 24.207.2102 exactly as proposed.

 

            5. The board has adopted NEW RULE I (ARM 24.207.2301) AND NEW RULE II (ARM 24.207.2305) exactly as proposed.

 

 

                                                                     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 December 15, 2014