1301:11-4-02 Education requirements for registration as a state-registered real estate appraiser assistant.

 

 

 

NOTICE OF PUBLIC HEARING

 

On June 21, 2011, the Ohio Department of Commerce, Division of Real Estate and Professional Licensing will hold a public hearing on proposed changes to 1301:11-1-09, 1301:11-3-04, 1301:11-3-08, 1301:11-4-02, 1301:11-7-01, 1301:11-7-02, 1301:11-7-03 and 1301:11-7-04 of the

Ohio Administrative Code. The hearing will be held at 8:30 a.m., at 77 South High Street, 20th Floor, Columbus, Ohio 43215.

 

PROPOSED RULE CHANGES

 

1301:11-1-09-Amended

Stenographic Record - The Division staff recommends that this rule be amended.

 

The existing rule did not account for parties to an adjudication hearing requesting a stenographic service in addition to the Division's stenographic record. The proposed rule clearly states the responsibilities of the parties when this occurs.

 

1301:11-3-04- Amended

Experience Requirement - The Division staff recommends that this rule be amended.

 

Paragraphs (A) through (E) - The ASC is charged with monitoring the experience requirements for real estate appraisers in each state to determine whether the state's policies, practices and procedures are consistent with Title XI of FIRREA. The proposed rule change addresses the ASC's requirements for states regarding real estate appraiser experience.

 

1301:11-3-08- Amended

Criminal Records Checks - The Division staff recommends that this rule be amended.

 

Paragraph A - The rule was modified to clarify the background check process. The rule was changed to ensure the background check includes the time period immediately before the filing of the application. Also, the rule was modified to clearly state BCI&I will submit the background results to the Division and when BCI&I will submit those results to the Division. This will preserve the integrity of the results and the confidential information contained in the background check.

 

1301:11-4-02- Amended

Education Requirements for Registration as a State-Registered Real Estate Appraiser Assistant - The Division staff recommends that this rule be amended.

 

Paragraph E - The Ohio Real Estate Appraiser Board at its November 2010 meeting stated that they would allow applicants to complete qualifying education requirements for registration through distance education. The rule was modified to take into account the Board's directive and yet still comply with ASC education requirements.

 

1301:11-7-01- Amended

Continuing Education Requirement - The Division staff recommends that this rule be amended.

 

Paragraph C - The existing rule was modified to permit registered, certified and licensed appraisers to complete a required continuing education class (7 hour USPAP update class) on-

 

 

 

 

 

 

line. The ASC permits this practice and the proposed change would further the Governor's purpose as stated in Executive Order 2011-01K.

Paragraph E - Distance education is a self-directed educational program which is offered on an individual basis. Pace of the class is directly tied to a program's institutional controls and an individual's comprehension level rather than through an instructor or a class' performance. There should be no limitation on the number of hours earned in one day if the individual successfully passes the program's institutional controls.

Paragraph G - The rule was modified for consistent treatment of continuing education offerings completed prior to superintendent approval.

Paragraph H - The ASC permits deferrals of continuing education requirements for those individuals returning from active military duty. This rule was modified according to ASC requirements and the modification would further the Governor's stated purpose in Executive Order 2011-01K.

1301:11-7-02- Amended

Continuing Education Course Approvals - The Division staff recommends that this rule be amended.

Paragraph (B)(1) - This rule was modified to provide consistency as a result of changes proposed in other education rules.

Paragraph (B)(6) - The rule was modified to reflect distance education for continuing education classes may contain exams or quizzes (a type of institutional control) that individual students must successfully complete for the purpose of verifying individual participation and class effectiveness.

Paragraph (I)(1) - The rule was modified because the Division has encountered applicants who change the name of the sponsoring entity to get around the requirement. "Administrator" was added to this paragraph to eliminate unintended exceptions.

Paragraphs (I)(1) & (I)(2) "Honest, truthful and good reputation" requirement was added to the rule. This is a similar standard for current appraiser applicants and credential holders and should also be applied to those who instruct these individuals. The rule was modified to clarify such a basis for denial.

1301:11-7-03- Amended

Distance Education - The Division staff recommends that this rule be amended.

Paragraph (A) - The existing rule was changed to clarify what constitutes distance education.

Paragraph (E)(3) - Continuing education classes, whether in a distance education setting or a classroom setting, are regularly offered in increments greater than 7 hours. The existing rule was deleted to allow for consistent treatment of continuing education offerings.

Paragraph F - The Ohio Real Estate Appraiser Board at its November 2010 meeting stated that they would allow applicants to complete qualifying education requirements for registration, licensure or certification through distance education. The Division has proposed the 7 hour USPAP update class in the existing rule could be completed through distance education or in a

class room setting. As result, the existing paragraph (F) is not needed and would be deleted. The ASC has instructor or provider requirements for the 7 hour USPAP update class, when completed in a distance education setting. These requirements were inserted as new language in former paragraph (F).

1301:11-7-04- New

Medical Exception - The Division staff recommends the adoption of this rule.

This proposed rule is in response to recent changes made to Ohio Revised Code Sections 4763.06(C) and 4763.07(E). These statutes allow the Superintendent to grant medical exceptions to the statutorily required annual renewal requirements and they also require reasonable rules be adopted to implement the medical exception.