New Mexico
Register / Volume XXXV, Issue 1 / January 16, 2024
NOTICE OF PUBLIC
RULE HEARING AND BOARD MEETING
The
Regulation and Licensing Department (Department) in consultation with the New
Mexico Real Estate Appraiser Board (Board) will hold a rule hearing on Friday,
February 23, 2024 at 9:00 a.m. pursuant to 61-30-7 (A), immediately followed by
a Regular meeting of the Board to discuss and consider adoption of the proposed
rules listed below. The rule hearing and
subsequent Board meeting will be held at the Regulation and Licensing
Department, 5500 San Antonio Drive NE, Albuquerque, NM 87109.
The
hearing and subsequent board meeting may also be accessed via Cisco Webex
Meetings by using the following link:
https://nmrld.webex.com/nmrld/j.php?MTID=maee209c7b8dfe42ad2b14d640eb112b3
Meeting
Number: 2662 556 1154
Call
In: 1-(844)-621-3956
The
purpose of the rule hearing is to receive public comments related to proposed
amendments, repeal, and/or replacement of the following rules that address
changes to
16.62.6 NMAC - Examinations
16.62.7 NMAC – Issuance/Renewal of Apprentice
Registration/Licenses/Certificates
16.62.8 NMAC – Educational Programs/Continuing
Education
On
January 16, 2024 copies of the proposed rules may be obtained by going to the
Boards and Commissions Division, Real Estate Appraiser Board website at:
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/real-estate-appraisers/statutes-rules-and-rule-hearings/
or by contacting the Board Administrator for the Board at (505) 222-9882.
The Department and the Board will begin
accepting public comments on the proposed rules beginning January 16,
2024. Please submit written comments on
the proposed changes to Sarah McGeath, Board Administrator, via electronic mail
at: NM.REAB@rld.nm.gov , or by regular mail at 5500 San Antonio Drive NE,
Albuquerque, NM 87109 no later than February 22, 2024 at 5:00p.m.
Written comments received during the
public comment period will be posted to the Board’s website page linked above.
Any person in attendance will be given the opportunity to present their
comments at the rule hearing.
An
individual with a disability who is in need of a reader, amplifier, qualified
sign language interpreter, or other form of auxiliary aid or service to attend
or participate in the hearing or the special board meeting, please contact
Sarah McGeath, Board Administrator (505) 222-9882 at least 7 days prior to the
rule hearing and special board meeting. Public documents, including the
proposed rules, meeting agenda and minutes, can be provided in various
accessible formats.
Statutory
Authority: Section 61-30-7(A)
Purpose of Proposed Rules:
The purpose of the proposed amendments are to make the licensure process
more efficient by removing the requirement of passing a jurisprudence exam with
every license renewal.
Summary
of Proposed Changes:
The proposed amendments would remove the requirement of passing a jurisprudence
exam with every license renewal.
Proposed Rule Changes are shown, with
information to be removed with a strikethrough and bracketed [removed]
and information to be added is underlined added.
TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER
62 REAL ESTATE APPRAISERS
PART
6 EXAMINATIONS
16.62.6.1 ISSUING AGENCY: Regulation and Licensing Department - NM Real
Estate Appraisers Board.
[1/14/00;
16.62.6.1 NMAC - Rn, 16 NMAC 62.61.1, 09/13/2004; A, 01/01/2015]
16.62.6.2 SCOPE: All trainee real estate appraisers, licensed
residential real estate appraisers, residential certified real estate
appraisers, general certified real estate appraisers and temporary licensed or
certified real estate appraisers.
[1/14/00;
16.62.6.2 NMAC - Rn & A, 16 NMAC 62.61.2, 09/13/2004; A, 01/01/2015; A,
02/03/2019]
16.62.6.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the
Real Estate Appraisers Act, Section 61-30-1 to -24, NMSA 1978.
[1/14/00; 16.62.6.3 NMAC - Rn, 16 NMAC 62.61.3,
09/13/2004; A, 09/26/2023]
16.62.6.4 DURATION: Permanent.
[1/14/00;
16.62.6.4 NMAC - Rn, 16 NMAC 62.61.4, 09/13/2004]
16.62.6.5 EFFECTIVE DATE: January 14, 2000, unless a later date is
cited at the end of a section.
[1/14/00;
16.62.6.5 NMAC - Rn & A, 16 NMAC 62.6.5, 09/13/2004]
16.62.6.6 OBJECTIVE: This part provides for a national examination
on real estate appraisal as a requirement for licensure or certification and
for a state examination on state law and rules as a requirement for
registration, licensure or certification.
[1/14/00;
16.62.6.6 NMAC - Rn, 16 NMAC 62.61.6, 09/13/2004]
16.62.6.7 DEFINITIONS: [RESERVED]
16.62.6.8 EXAMINATION REQUIREMENTS: All candidates for licensure or certification
must successfully complete the appraiser qualifications board endorsed uniform
state certifications/licensing examination or its equivalent.
A. The examination
will be approved by the appraisal qualifications board of the appraisal
foundation and will cover standard appraisal concepts.
B. Prior to issuance of an examination ticket, all credible
education hours, qualifying experience credit, and the experience log, must be
verified and found to be completed in full and acceptable to the board.
C. An applicant for licensing or certification will be
denied and the results of the examination will be invalidated if: the applicant
uses or possesses anything that gives the applicant an advantage other than
silent, cordless, non-programmable calculator, Hewlett Packard calculator 12C
or its equivalent; the applicant gives or receives any kind of aid during the
examination; or someone other than the applicant takes the test or attempts to
take the test for the applicant.
D. All calculator memories must be cleared before the
examination. Operating manuals will not
be allowed at the testing site.
E. The board will administer an examination on the New
Mexico Real Estate Appraisers Act and board rules and regulations known as the
state board jurisprudence examination which will require a score of seventy percent or more for a passing grade. This jurisprudence examination shall be taken
during initial application for no charge , [if this exam is failed then the
exam can be taken a second time for a fee of $95. If the second exam is failed then the
application will be deemed incomplete and then referred to the board, at their
next meeting, for decision] the exam may be taken until a passing grade
is achieved in order to proceed with the application process.
F. The applicant must take the examination prescribed by
the board.
[1/14/00;
16.62.6.8 NMAC - Rn & A, 16 NMAC 62.61.8, 09/13/2004; A, 06/13/2008; A,
08/21/2010; A, 01/15/2017; A, 02/03/2019; A, 09/26/2023; A, 03/12/2024]
HISTORY
OF 16.62.6 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the state records center and archives under:
REAB
Rule 6, Examinations, filed 11/29/90.
Rule
7, Examinations, filed 4/6/93.
Rule
7, Examinations, filed 1/28/94.
History
of Repealed Material: [RESERVED]
Other
History:
Rule
7, Examinations (filed 1/28/94) was renumbered, reformatted and replaced by 16
NMAC 62.6, Examinations, effective 1/14/2000.
16
NMAC 62.6, Examinations (filed 12/29/99) was renumbered, reformatted, amended,
and replaced by 16.62.6 NMAC, Examinations, effective 09/13/2004.
TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER
62 REAL ESTATE APPRAISERS
PART 7 ISSUANCE/RENEWAL
OF TRAINEE REGISTRATION/LICENSES/CERTIFICATES
16.62.7.1 ISSUING AGENCY: Regulation and Licensing Department - NM Real
Estate Appraisers Board.
[10/1/97;
16.62.7.1 NMAC - Rn, 16 NMAC 62.7.1, 09/13/2004; A, 01/01/2015; A, 01/01/2017]
16.62.7.2 SCOPE: All trainee real estate appraisers, licensed
residential real estate appraisers,
residential certified real estate appraisers, general certified real estate
appraisers and temporary licensed or certified real
estate appraisers.
[10/1/97;
16.62.7.2 NMAC - Rn & A, 16 NMAC 62.7.2, 09/13/2004; A, 01/01/2015; A,
02/03/2019]
16.62.7.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the
Real Estate Appraisers Act, Section 61-30-1 to -24, NMSA 1978.
[10/1/97; 16.62.7.3 NMAC - Rn, 16 NMAC 62.7.3,
09/13/2004; A, 09/26/2023]
16.62.7.4 DURATION: Permanent.
[10/1/97;
16.62.7.4 NMAC - Rn, 16 NMAC 62.7.4, 09/13/2004]
16.62.7.5 EFFECTIVE DATE: October 1, 1997, unless a later date is cited
at the end of a section.
[10/1/97;
16.62.7.5 NMAC - Rn & A, 16 NMAC 62.7.5, 09/13/2004]
16.62.7.6 OBJECTIVE: This part establishes guidelines for the
issuance of initial licenses, provides requirements for license renewal and
license expiration, licensee requirements and responsibilities, establishes
continuing education requirements and guidelines for reinstatement of an
expired license.
[10/1/97;
16.62.7.6 NMAC - Rn, 16 NMAC 62.7.6, 09/13/2004]
16.62.7.7 DEFINITIONS: [RESERVED]
[10/1/97;
16.62.7.7 NMAC - Rn & A, 16 NMAC 62.7.7, 09/13/2004; A, 11/25/06]
16.62.7.8 INITIAL LICENSE ISSUANCE: Initial licenses expire on April 30 in the
second year of licensure. No license
will be issued for longer than 24 months.
Applications for licensure are valid for one year from the date of
receipt.
[10/1/97;
16.62.7.8 NMAC - Rn & A, 16 NMAC 62.7.8, 09/13/2004; A, 01/15/2017; A,
02/03/2019]
16.62.7.9 RENEWAL PERIOD AND EXPIRATION: All licenses will expire every two years on
April 30.
[10/1/97;
16.62.7.9 NMAC - Rn & A, 16 NMAC 62.7.9, 09/13/2004; A, 02/03/2019]
16.62.7.10 RENEWAL PROCESS:
A. A completed renewal
application, accompanied by the required fee as defined in 16.62.12.8 NMAC and
completion of 28 hours of continuing education, is required. Renewal applications may be submitted online
or by mail, and must be completed, post-marked or delivered to the board office
on or before April 30 of the renewal year.
B. Deferrals may
not be granted to credential holders, except in the case of individuals
returning from active military duty.
Licensees returning from active military duty may be placed in active
status for a period of up to 90 days pending completion of all continuing
education requirements.
C. The board shall
audit a percentage of renewal applications each renewal
period to verify the continuing education requirement has been met. The
licensee must maintain proof in the form of certificates issued by the
education providers (transcripts not acceptable)
of continuing education courses taken for the past four years. The
board reserves the right to audit a licensee’s continuing education records as
it deems necessary.
D. As part of the
renewal process, applicants are required to attest that they have reviewed and
are familiar with Real Estate Appraisers rules 16.62.1 NMAC through 16.62.18
NMAC.
[10/1/97;
16.62.7.10 NMAC - Rn & A, 16 NMAC 62.7.10, 09/13/2004; A, 11/25/2006; A,
06/13/2008; A, 01/16/2011; A, 01/15/2017; A, 02/03/2019]
16.62.7.11 LICENSEE RESPONSIBILITY:
A. The board
assumes no responsibility for renewal applications not received by the licensee
for any reason. It is the licensee's responsibility to make a timely request
for the renewal form if one has not been received thirty days prior to license
expiration.
B. It is the sole
responsibility of the licensee to maintain records of the qualifying education
they have completed.
[10/1/97;
16.62.7.11 NMAC - Rn & A, 16 NMAC 62.7.11, 09/13/2004; A, 11/25/06]
16.62.7.12 REQUIRED CONTINUING EDUCATION:
A. Twenty-eight
hours as defined in 16.62.8.7 NMAC of continuing education in courses approved
by the board, which must include the appraisal qualification board (AQB)
approved seven-hour national uniform standards of professional appraisal
practice (USPAP) update course, are
required in each two-year renewal period.
B. For continuing
education cycle periods of 185 days to 365 days, 14 hours of continuing
education is required. For continuing
education cycle periods of less than 185 days, no hours of continuing education
are required.
C. Effective with
the first biennial renewal period and each subsequent renewal, a seven hour
class in the national uniform standards of professional appraisal practice
update course is required as part of the continuing education requirement. Successful completion includes passing an
exam, if required, by the appraiser qualifications board (AQB).
[D. Successful
completion jurisprudence examination will be required of every trainee,
licensee and certificate holder as a condition of renewal in each biennial
renewal.]
[E.] D.
Educational offerings taken by an individual in order to fulfill the class hour
requirement for a different classification than his/her current classification
may be simultaneously counted towards the continuing education requirement of
his/her current classification.
[F.] E. Credit towards the continuing education hour
requirements for each appraiser classification may be granted only where the
length of the educational offering is at least two hours.
[10/1/97;
16.62.7.12 NMAC - Rn & A, 16 NMAC 62.7.12, 09/13/2004; A, 11/25/2006; A,
08/21/2010; A, 01/16/2011; A, 01/15/2017; A, 02/03/2019; A, 09/26/2023; A,
03/12/2024]
16.62.7.13 RENEWAL AFTER DEADLINE: A license not renewed on the renewal date is
expired.
[10/1/97;
16.62.7.13 NMAC - Rn, 16 NMAC 62.7.13, 09/13/2004; A, 01/16/2011]
16.62.7.14 REINSTATEMENT OF EXPIRED LICENSE: An expired license may be reinstated within
30 days after expiration upon:
A. submission of an application,
B. payment of the required biennial
renewal fee,
C. proof of completion of all required continuing education
hours that would have been required if the credential holder were in an active
status. The required hours must also include the most recent edition of the
seven-hour national USPAP update course (or its AQB-approved equivalent),
D. payment of the administrative reinstatement fee,
E. Criminal history background check: All applicants for initial issuance or
reinstatement of a certificate and license in New Mexico shall be required to
be fingerprinted to establish positive identification for a state and federal
criminal history background check.
(1) The applicant will register online,
through the approved Department of Public Safety website, with the board’s Originating
Agency Identification (ORI) number and make payment with registration. After the process is complete, the applicant
will receive a registration confirmation.
(2) Results will be sent to the board
electronically. The board shall not
issue a certificate or license until the applicant’s background check has been
successfully completed.
(3) Out-of-State applicants, who are
unable to visit an approved live scan fingerprinting facility, may follow the
same registration process and submit a hardcopy fingerprint card to the
approved live scan fingerprinting facility.
The results will be sent to the board electronically. The board shall not issue a certificate or
license until the applicant’s background check has been successfully completed.
F. The board may, in its discretion, treat the former
trainee, license or certificate holder as a new applicant and further require
that the applicant be reexamined as a condition to reissue a license or
certificate.
[10/1/97;
16.62.7.14 NMAC - Rn & A, 16 NMAC 62.7.14, 09/13/2004; A, 01/01/2015; A,
01/15/2017; A, 09/26/2023]
16.62.7.15 CHANGE OF MAILING ADDRESS, PHYSICAL
BUSINESS ADDRESS AND E-MAIL ADDRESS: A
trainee, license or certificate holder shall report to the board in writing any
change of mailing, physical business, and e-mail address. Failure to do so within 30 days is grounds
for trainee, license or certificate suspension.
[10/1/97;
16.62.7.15 NMAC - Rn & A, 16 NMAC 62.7.15, 09/13/2004; A, 06/13/08; A,
01/01/2015; A, 01/15/2017]
16.62.7.16 EXEMPTION FROM ISSUANCE LICENSE OR
CERTIFICATE;
A. The process of analyzing, without altering, an appraisal
report, except appraisal reviews as defined in the Definitions under Paragraph
(5) of Subsection A of 16.62.1.7 NMAC of General Provisions AND The Uniform
Standards of Professional Appraisal Practice, that is part of a request for
mortgage credit, is a specialized service as defined in Subsection Q of Section
61-30-3 NMSA 1978 and is exempt from the requirements of licensing or
certification.
B. The process of completing an appraisal review, as defined
in the Definitions under Paragraph (5) of Subsection A of 16.62.1.7 NMAC of
General Provisions AND as defined by the Uniform Standards of Professional
Appraisal Practice, completed by a review appraiser holding a valid license or
certification and completing the appraisal review from a location outside of
New Mexico, is exempt from the requirements of licensing or certification,
provided the appraisal reviewer has a valid license or certification that
corresponds with or is higher than the level of licensure or certification
required to perform the appraisal under review.
[16.62.7.16
NMAC – N, 02/03/2019]
HISTORY
OF 16.62.7 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the State Records Center and Archives under:
REAB
Rule 7, Issuance/Renewal of License/Certification, filed 11/29/90.
REAB
Rule 7, Amendment 1, filed 10/3/91.
Rule
8, Issuance/Renewal of Registrations/Licenses/Certificates, filed 4/6/93.
Rule
8, Issuance/Renewal of Registrations/Licenses/Certificates, filed 1/28/94.
Rule
8, Issuance/Renewal of Registrations/Licenses/Certificates, filed 12/19/94.
History
of Repealed Material: [RESERVED]
Other
History:
Rule
8, Issuance/Renewal of Registrations/Licenses/Certificates (filed 12/19/94) was
renumbered, reformatted and replaced by 16 NMAC 62.7, Issuance/Renewal of
Registrations/Licenses/Certificates, effective 10/01/1997.
16
NMAC 62.7, Issuance/Renewal of Registrations/Licenses/Certificates (filed
08/29/1997) was renumbered, reformatted, amended, and replaced by 16.62.7 NMAC,
Issuance/Renewal of Registrations/Licenses/Certificates, effective 09/13/2004.
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 62 REAL ESTATE APPRAISERS
PART 8 EDUCATIONAL
PROGRAMS/CONTINUING EDUCATION
16.62.8.1 ISSUING AGENCY: Regulation and Licensing Department - NM Real
Estate Appraisers Board.
[3/14/00;
16.62.8.1 NMAC - Rn, 16 NMAC 62.8.1, 09/13/2004; A, 01/01/2015]
16.62.8.2 SCOPE: All trainees, licensed residential real
estate appraisers, residential certified real estate appraisers, general
certified real estate appraisers and temporary licensed or certified real estate appraisers.
[3/14/00;
16.62.8.2 NMAC - Rn & A, 16 NMAC 62.8.2, 09/13/2004; A, 01/01/2015; A,
02/03/2019]
16.62.8.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the
Real Estate Appraisers Act, Section 61-30-1 to -24, NMSA 1978.
[3/14/00; 16.62.8.3 NMAC - Rn, 16 NMAC 62.8.3,
09/13/2004; A, 09/26/2023]
16.62.8.4 DURATION: Permanent.
[3/14/00;
16.62.8.4 NMAC - Rn, 16 NMAC 62.8.4, 09/13/2004]
16.62.8.5 EFFECTIVE DATE: March 14, 2000, unless a later date is cited
at the end of a section.
[3/14/00;
16.62.8.5 NMAC - Rn & A, 16 NMAC 62.8.5, 09/13/2004]
16.62.8.6 OBJECTIVE: This part provides requirements for approval
of educational courses for pre-trainee, pre-licensing, and pre-certification
and continuing education credit. It
establishes requirements for continuing education courses and sponsors. It establishes an education advisory
committee to approve courses and sponsors.
[3/14/00;
16.62.8.6 NMAC - Rn, 16 NMAC 62.8.6, 09/13/2004; A, 11/25/06; A, 01/01/2015]
16.62.8.7 DEFINITIONS: "Class Hours" for the purpose of fulfilling
continuing education requirements includes approved courses offered over the
internet or other distance learning modalities.
[3/14/00;
16.62.8.7 NMAC - Rn, 16 NMAC 62.8.7, 09/13/2004; A, 02/03/2019]
16.62.8.8 ACCEPTABLE COURSEWORK:
A. All coursework for original trainee registration,
licensing and certification shall be given in 15-hour segments and have an
examination administered at the end of the course.
B. Successful completion of the examination is a requirement
to submit the course for original trainee registration, licensure or
certification credit.
C. Courses taken in satisfying the qualifying education
requirements shall not be repetitive in nature.
Each course credited toward the required number of qualifying education
hours shall represent a progression in which the appraiser’s knowledge is
increased.
[3/14/00;
16.62.8.8 NMAC - Rn, 16 NMAC 62.8.8, 09/13/2004; A, 11/25/06; A, 01/01/2015; A,
09/26/2023]
16.62.8.9 RELEVANCE OF COURSEWORK: All coursework for original trainee,
licensing or certification shall be in courses closely related to real estate
appraisal. The board will not accept an
applicant's completion of a course of a kind, which is designed to prepare
students for examination, commonly known as a "cram course". All real estate appraisal coursework credited
toward original trainee, shall have been completed no more than five years
prior to the date of the application filed with the board.
[3/14/00;
16.62.8.9 NMAC - Rn & A, 16 NMAC 62.8.9, 09/13/2004; A, 11/25/06; A,
01/01/2015; A, 01/15/2017; A, 09/26/2023]
16.62.8.10 DISTANCE EDUCATION: Is defined as any education process based on the geographical separation
of student and instructor. A distance education course offered over the
internet or other distance learning modality is acceptable to meet class hour
requirements if:
A. the course
provides interaction; interaction is a reciprocal environment where the student
has verbal or written communication with the instructor;
B. content approval
is obtained from the appraiser qualifications board, or an accredited college,
community college, or university that offers distance education programs and is
approved or accredited by the commission on colleges, a regional or national accreditation
association, or by an accrediting agency that is recognized by the U.S.
secretary of education; non-academic credit college courses provide by a
college shall be approved by the appraiser qualifications board and state
licensing jurisdiction; and
C. course delivery
mechanism approval is obtained from one of the following sources:
(1) appraiser qualifications board
approved organizations providing approval of course design and delivery;
(2) a college that qualifies for content
approval in Subsection B above that awards academic credit for the distance
education course; or
(3) a qualifying college for content
approval with a distance education delivery program that approves the course
design and delivery that incorporate interactivity.
[3/14/00;
16.62.8.10 NMAC - Rn & Repealed, 16 NMAC 62.8.10, 09/13/2004; 16.62.8.10
NMAC - N, 06/13/08]
16.62.8.11 ACCEPTABLE CONTINUING EDUCATION: Courses approved for continuing education
credit shall have significant intellectual or practical content and shall deal
primarily with matters directly related to appraisal practice or to the ethical
obligations of trainees, licensees and certificate holders. The primary objective of such courses shall
be consistent with the board's charge to protect the public and to increase the
professional competence of trainees, licensees and certificate holders. [3/14/00; 16.62.8.11 NMAC - Rn & A, 16
NMAC 62.8.11, 09/13/2004; A, 11/25/06; A, 08/21/2010; A, 01/01/2015; A,
02/03/2019]
16.62.8.12 CONTINUING EDUCATION REQUIREMENTS: Twenty-eight hours of continuing education
are required each biennial renewal period.
Continuing education requirements for initial trainees, licenses and
certificates issued for less than two full years are pro-rated as defined in
16.62.7.12 NMAC.
A. Individuals must
successfully complete the seven hour national uniform standards of professional
appraisal practice (USPAP) update course, or its equivalent as approved by the
appraiser qualifications board (AQB). Successful
completion includes passing an exam if required by the appraiser qualifications
board (AQB).
B. Successful
completion of the AQB approved seven hour national USPAP update course [and
the jurisprudence examination] will be required of every trainee,
licensee and certificate holder as a condition of renewal in each biennial
renewal.
[3/14/00;
16.62.8.12 NMAC - Rn & A, 16 NMAC 62.8.12, 09/13/2004; A, 11/25/2006; A,
08/21/2010; A, 1/16/2011; A, 01/01/2015; A, 01/15/2017; A, 03/12/2024]
16.62.8.13 EDUCATION ADVISORY COMMITTEE: The board will appoint an education advisory
committee for the purpose of reviewing courses and sponsors of education.
A. A committee
approval shall go into effect immediately upon the committee's decision.
B. The board
maintains the ability to review all approvals or disapprovals made by the
committee.
[3/14/00;
16.62.8.13 NMAC - Rn, 16 NMAC 62.8.13, 09/13/2004; A, 08/21/2010; A,
01/01/2015]
16.62.8.14 APPROVAL OF SPONSORS: The board may approve individuals or
organizations as course sponsors.
Colleges and universities offering credit courses in real estate
appraisal are also considered approved sponsors.
A. Requests for
approval must be made on board approved forms and include an outline and a code
of conduct for instructors.
B. The instructor
selection and retention policy will include, at a minimum, the following
requirements:
(1) instructors of qualifying education
courses must be licensed by exam or certified at the same or a higher category
than the level of classes they are engaged to teach.
(2) instructors engaged to teach the
national uniform standards of professional appraisal practice (USPAP) course
must qualify under the instructor evaluation policy for instructor selection
for the national USPAP course developed by the appraisal foundation;
(3) instructors must teach only the
appraisal foundation-approved national uniform standards of professional
appraisal practice (USPAP) course;
(4) student critiques must be requested
and maintained for each class given;
(5) a summary of the critiques and the
pass rate of the class must be submitted to the board within 30 days after the
course is completed;
(6) the sponsor shall provide a procedure
for periodic monitoring of instructors in the classroom setting along with the
sponsor application.
C. Approved
sponsors shall comply with the following requirements to maintain approved
status; the school must be conducted in accordance with these rules:
(1) to permit the board or its
representative access to the school or classes being conducted
and
to make available to the board, upon request, all information pertaining to the
activities of the school required for the administration of the rules and
regulations, including its financial condition;
(2) to advertise the school at all times
in a form and manner free from misrepresentation, deception or fraud;
(3) assure that all representations made
by anyone authorized by the school to act as its agent or solicitor for
prospective students are free from misrepresentation, deception or fraud;
(4) to maintain current, complete, and
accurate student records and instructor critiques or summaries which shall be
accessible at all times to the board or its authorized representative; these
records shall include, in addition to other information, a record of payments
made, a record of attendance, and a record of units of work completed;
(5) to conduct all courses in accordance
with outlines submitted to and approved by the board;
(6) to only certify course completion for
students who have successfully taken and passed the course; credit cannot be
given for students who pass a course by challenging the course;
(7) sponsors will be subject to renewal
of approval every three (3) years or on a renewal period as determined by the
AQB expiration date; the board assumes no responsibility for renewal courses
not received from the sponsor for any reason; it is the sponsor’s
responsibility to make timely request(s) for the renewal of course(s) for board
approval;
(8) sponsors must assure that all
instructors:
(a) conduct all classes in accordance
with board rules;
(b) ensure that all instruction is free
from misrepresentation;
(c) instruct only from board-approved
outlines;
(d) allow access to any class being
instructed to any duly appointed representative of the board; and
(e) certify to his/her sponsor a true and
correct record of students' attendance in his/her classes;
(9) failure to comply with this rule may
result in the loss of approval of the sponsor; and
(10) the board reserves the right to
disapprove an instructor.
D. Sponsors may also be approved for seminars, conferences
and one-time courses. Approval is
limited to the dates of the course and may not be renewed.
[3/14/00;
16.62.8.14 NMAC - Rn, 16 NMAC 62.8.14, 09/13/2004; A, 11/25/2006; A,
01/16/2011; A, 01/01/2015; A, 02/03/2019; A, 09/26/2023]
16.62.8.15 APPROVAL OF COURSES:
A. All real estate
appraisal courses except the appraisal qualifications board (AQB) approved
15-hour and seven-hour national USPAP courses, must have prior approval by the
board if they are to be approved for credit towards continuing education or
qualifying education. Beginning January
1, 2008, all qualifying education courses for pre-trainee, pre-licensing and
pre-certification must have been approved through the AQB course approval
program. The AQB approved 15-hour national USPAP course and the seven hour
national USPAP update course do not require prior approval by the board with
proof that the course was taught by an AQB certified national USPAP instructor
who is also a residential or general certified appraiser. The course sponsor
may certify in the form of a certificate provided to the student that the
instructor meets the above board criteria.
B. All board
approved real estate courses except the AQB approved 15-hour national USPAP
course and the seven-hour national USPAP update course, as defined in
Subsection A of this section, accepted for pre-trainee, pre-licensing and
pre-certification credit must: be a minimum length of at least 15 hours and
include successful completion of an approved closed-book examination pertinent
to that educational offering.
C. Application for
course approval must be made to the board. No classes for credit may commence
prior to board approval. The education
advisory committee will review the application in accordance with 16.62.8.13
NMAC.
D. All course
outlines approved by the board for pre-trainee, pre-licensing, pre-certification
and continuing education credit shall become the property of the board and the
outlines shall be available to all those board approved sponsors wishing to
teach said courses.
E. All existing
courses are subject to periodic review by the board. The board may at any time change the approval
status of any course.
[3/14/00;
16.62.8.15 NMAC - Rn & A, 16 NMAC 62.8.15, 09/13/2004; A, 11/25/2006; A,
01/16/2011; A, 7/10/2011; A, 01/01/2015]
16.62.8.16 ONE-ON-ONE APPROVAL: The education advisory committee may approve
continuing education credit on a one-on-one basis for courses that do not
conform fully with 16.62.8.14 NMAC or 16.62.8.15 NMAC.
[3/14/00;
16.62.8.16 NMAC - Rn, 16 NMAC 62.8.16, 09/13/2004 A, 01/01/2015]
16.62.8.17 [RESERVED]
[3/14/00;
16.62.8.17 NMAC - Rn & A, 16 NMAC 62.8.17, 09/13/2004; A, 11/25/06]
16.62.8.18 EDUCATION CREDIT FOR TEACHING: Instructors who are also certified and
licensed may receive up to one-half of their continuing education requirement
from instruction of appraisal courses or seminars. Credit for instructing any given course or
seminar can only be awarded once during a continuing education cycle.
[3/14/00;
16.62.8.18 NMAC - Rn & A, 16 NMAC 62.8.185, 09/13/2004]
HISTORY
OF 16.62.8 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the State Records Center and Archives under:
REAB
Rule 8, Educational Programs/Continuing Education, filed 11/29/90.
REAB
Rule 8, Amendment 1, Educational Programs/Continuing Education, filed 10/3/91.
REAB
Rule 9, Educational Programs/Continuing Education, filed 4/6/93.
Rule
9, Educational Programs/Continuing Education, filed 1/28/94.
Rule
9, Educational Programs/Continuing Education, filed 8/2/95.
History
of Repealed Material: [RESERVED]
Other
History:
Rule
9, Educational Programs/Continuing Education (filed 8/2/95) was renumbered,
reformatted and replaced by 16 NMAC 62.8, Educational Programs/Continuing
Education, effective 03/14/2000.
16
NMAC 62.8, Educational Programs/Continuing Education (filed 02/14/2000) was
renumbered, reformatted, amended, and replaced by 16.62.8 NMAC, Educational
Programs/Continuing Education, effective 09/13/2004.