reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 4 - LICENSE AND CERTIFICATION REQUIREMENTS › Section 16-114-21 - Education requirement

Current through June, 2024
(a) Applicants
				shall submit proof of successful completion of courses taken from approved
				course providers in subjects related to real estate appraisal which shall
				include coverage of the national USPAP course or its equivalent.
(1) An applicant for licensure or
				certification shall have met the Appraisal Qualification Board's current
				qualifying education requirements as may be amended. The national USPAP course
				or its equivalent shall have been completed within the two years preceding the
				application date.
(2) A classroom
				hour is defined as fifty minutes out of each sixty minute segment and may
				include time devoted to examinations.
(3) Credit toward the classroom hour
				requirement will not be granted unless the length of the educational offering
				is at least fifteen hours and the applicant successfully completes an
				examination pertinent to that educational offering.
(4) No credit will be granted for distance
				education including correspondence courses, or internet courses, or video or
				remote television offerings unless the course has has been approved by the
				Appraiser Qualifications Board through the Course Approval Program.
(5) Applicants must demonstrate that the
				applicant's education included coverage of all the topics listed below:
(A) Influences on real estate
				value;
(B) Legal considerations in
				appraisal;
(C) Types of
				value;
(D) Economic
				principles;
(E) Real estate markets
				and analysis;
(F) Valuation
				process;
(G) Property
				description;
(H) Highest and best
				use analysis;
(I) Appraisal math
				and statistics;
(J) Sales
				comparison approach;
(K) Site
				value;
(L) Cost approach;
(M) Income approach;
(N) Valuation of partial interests;
				and
(O) Uniform standards of
				professional appraisal practice.
(6) Applicants for certification shall, in
				addition to the topics listed above, demonstrate that the applicant's education
				included narrative report writing.
(7) Courses taken to satisfy the qualifying
				education requirements should not be repetitive in nature. Each course credited
				toward the required number of qualifying education hours should represent a
				progression in which the appraiser's knowledge is increased.
(8) It shall be the applicant's
				responsibility to ensure that the course provider verifies the number of
				classroom hours and the length of the educational offering, and that the
				applicant successfully completed an examination for the course.
(9) USPAP education credit shall only be
				awarded when the class is taught by an Appraiser Qualifications Board certified
				instructor who is also a state certified residential or general appraiser.
				Equivalency to the national USPAP course shall be determined by the Appraiser
				Qualifications Board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 4 - LICENSE AND CERTIFICATION REQUIREMENTS › Section 16-114-22 - Approval of course providers or courses

Current through June, 2024
(a) Colleges,
				universities, community colleges, and junior colleges accredited by nationally
				recognized accreditation organizations and state or federal agencies or
				commissions are approved course providers.
(b) Real estate appraiser associations or
				real estate related organizations, proprietary schools, and others shall be
				approved provided the course provider or the course offered by the course
				provider has been endorsed by the Appraisal Foundation or the Appraiser
				Qualifications Board Course Approval Program and proof of the endorsement is
				filed with the director.
(c) Real
				estate appraiser associations or real estate related organizations, proprietary
				schools, and other providers may be approved by the director provided the
				course provider submits the course description, course objectives, detailed
				course schedule which includes the number of minutes spent on each topic,
				course material, application fee, and instructor qualifications to teach the
				course, and agrees to:
(1) Submit, upon
				request, the copy of the course examination for review;
(2) Provide within sixty days of completion
				of the course or the examination, completion certificates to attendees which
				shall include information regarding the number of classroom hours, whether
				there was successful passage of the course examination and the index number
				assigned to the course by the director;
(3) Permit, upon request, the director or the
				director's representative to audit the course at no cost to the director or the
				director's representative;
(4)
				Allow nonmembers of the association or organization to apply for the course
				without membership in the association or organization on the same terms and
				conditions as members of the association or organization;
(5) Keep attendance records for a minimum of
				three years; and
(6) Meet the
				requirements of section 16-114-23.5.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 4 - LICENSE AND CERTIFICATION REQUIREMENTS › Section 16-114-23 - Disapproval of course providers or courses

Current through June, 2024
(a) Course
				providers or courses may be disapproved when:
(1) The instructor of the course or
				administrators of the course provider has had any disciplinary proceeding filed
				or disciplinary action taken by any jurisdiction;
(2) The instructor of the course fails to
				demonstrate knowledge and competency in the subject matter being
				taught;
(3) The course is not
				equivalent in content and complexity to a college or professional level
				course;
(4) The course does not
				contribute to the professional competence of participants;
(5) Five per cent or more of the course
				covers nonsubstantive material such as, but not limited to, personnel
				management, office management, or computer program courses not related to the
				appraisal practice; or
(6) Course
				provider fails to meet the requirements of section 16-114-23.5.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 4 - LICENSE AND CERTIFICATION REQUIREMENTS › Section 16-114-23.5 - Proctor for course examination

Current through June, 2024
(a) The course
				provider shall have policies and procedures in place for proctors of course
				examinations and shall include actions to be taken when the proctor of the
				course examination does not comply with the policies and procedures.
(b) The following duties of the proctor for
				the course examination shall be included in the course provider's policies and
				procedures:
(1) Confirm the student's
				identity by using a photo identification;
(2) Remain in the presence of the student
				from the time the student starts the examination until the time the student
				completes the examination or until the end of the maximum time allowed for the
				test, whichever comes first;
(3) Be
				certain that the student does not receive any outside assistance while taking
				the examination, including but not limited to course material, help from other
				persons, or prepared notes.
(4)
				Does not allow the student to launch the examination more than one time per
				session or fee; and
(5) Confirm
				that the examination was completed within the time specified by the course
				provider by documenting the start and end time of the examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 4 - LICENSE AND CERTIFICATION REQUIREMENTS › Section 16-114-24 - Experience requirement

Current through June, 2024
(a) Each applicant
				shall obtain prior to the date of application for licensure, appraisal
				experience as required in this section, and shall submit documentation by way
				of verification on forms provided by the director. Hours may be treated as
				cumulative in order to achieve the necessary hours of appraisal
				experience.
(b) Applicants for
				licensure as a state licensed appraiser shall provide evidence of at least two
				thousand hours of appraisal experience. A minimum of twenty-four months of
				experience is required.
(c)
				Applicants for certification as a state certified residential appraiser shall
				provide evidence of at least two thousand five hundred hours of appraisal
				experience. The two thousand five hundred hours shall have been earned over a
				period of at least twenty four months.
(d) Applicants for certification as a state
				certified general appraiser shall provide evidence of at least three thousand
				hours of appraisal experience, of which at least one thousand five hunred hours
				were obtained in nonresidential appraisal work. The three thousand hours of
				appraisal experience shall have been earned over a period of at least thirty
				months.
(e) Acceptable appraisal
				experience includes but is not limited to:
(1)
				Fee and staff appraisal;
(2) Ad
				valorem tax appraisal;
(3)
				Technical review appraisal;
(4)
				Appraisal analysis;
(5) Real estate
				consulting;
(6) Highest and best
				use analysis;
(7) Feasibility
				analysis/study; or
(8) Condemnation
				appraisal.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 4 - LICENSE AND CERTIFICATION REQUIREMENTS › Section 16-114-25 - Repealed

Current through June, 2024
The
				  repealed version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 4 - LICENSE AND CERTIFICATION REQUIREMENTS › Section 16-114-26 - Examination requirement; passing score

Current through June, 2024
(a) Each applicant
				for a license or a certificate shall successfully pass the appropriate
				examination which has been approved by the Appraiser Qualifications Board of
				the Appraisal Foundation. Applicants must successfully complete the education
				requirement prior to applying for the examination.
(b) The passing score shall be a scaled score
				of seventy-five.
(c) Successful
				completion of the examination is valid for a period not to exceed twenty-four
				months.
(d) Passage of an
				examination taken in another jurisdiction may be approved as meeting the
				examination requirement provided the examination has been approved by the
				Appraiser Qualifications Board of the Appraisal Foundation and further provided
				that the passing score is a scaled score of seventy-five.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 4 - LICENSE AND CERTIFICATION REQUIREMENTS › Section 16-114-26.5 - Endorsement

Current through June, 2024
(a) An applicant licensed or certified in
				another state may qualify for licensure or certification by endorsement
				provided the applicant:
(1) Is currently
				licensed in another jurisdiction;
(2) Is applying for the same level license or
				certificate;
(3) Has completed
				qualifying education that met the minimum Appraiser Qualifications Board
				education criteria at the time the applicant obtained their license or
				certificate;
(4) Has passed an
				Appraiser Qualifications Board state licensed or state certified level
				examination;
(5) Is listed on the
				Federal Registry as conforming to Appraiser Qualifications Board criteria for
				licensure or certification; and
(6)
				Is in good standing as a real estate appraiser in every jurisdiction the
				applicant is licensed or certified and verified through the Appraisal
				Subcommittee's National Registry of Real Estate Appraisers.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 4 - LICENSE AND CERTIFICATION REQUIREMENTS › Section 16-114-27 - Issuance of license or certificate

Current through June, 2024
The state appraiser license or state appraiser certificate
				  shall be issued upon the applicant meeting all appropriate requirements.
				  Licenses or certificates shall be valid until December 31 of the odd-numbered
				  year immediately following the issuance of the license or
				  certificate.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 4 - LICENSE AND CERTIFICATION REQUIREMENTS › Section 16-114-28 - Non-transferability of license or certificate

Current through June, 2024
A state license or state certificate shall only be issued to
				  individuals and the license or certificate shall not be
				  transferable.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 4 - LICENSE AND CERTIFICATION REQUIREMENTS › Section 16-114-29 - Filing of current address

Current through June, 2024
Every licensee or certificate holder shall provide written
				  notice to the director of any changes of the licensee's or certificate holder's
				  mailing, business, or residence address within ten days of the change. Any
				  requirements that the director provide notice to licensed or certified
				  appraisers shall be deemed met if notice is sent to the address on file with
				  the director.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 5 - Repealed › Section 16-114-32 - Repealed

Current through June, 2024
The
				  repealed version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 5 - Repealed › Section 16-114-33 - Repealed

Current through June, 2024
The
				  repealed version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 6 - PROCESSING APPLICATIONS › Section 16-114-34 - Application for licensure or certification

Current through June, 2024
Application for licensure or certification shall be made on
				  a form to be provided by the director. The form may require the applicant to
				  provide:
(1) The applicant's full
				name;
(2) A statement that the
				applicant has attained the age of majority;
(3) The applicant's current business or
				mailing address for publication, and the applicant's current residence
				address;
(4) The applicant's social
				security number;
(5) The
				applicant's employment history during the five years preceding the date of the
				filing of the application, with names and addresses of each employer;
(6) The date and place of any conviction of a
				crime directly related to appraisal practice unless the conviction has been
				expunged or annulled or is otherwise precluded from consideration by section
				831-3.1,
				HRS;
(7) Information regarding any
				disciplinary proceedings or disciplinary actions taken by any
				jurisdiction;
(8) A designation in
				writing appointing the director to act as the applicant's agent upon whom all
				judicial and other process or legal notices directed to the applicant may be
				served. The applicant shall agree that service upon the director shall have the
				same legal force and validity as if personally served upon the applicant and
				the authority of the director shall remain in force as long as any liability
				remains outstanding;
(9) A
				statement that the applicant is a United States citizen or an alien authorized
				to work in the United States; and
(10) Any other information the director may
				require to investigate the applicant's qualifications for licensure or
				certification.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 6 - PROCESSING APPLICATIONS › Section 16-114-35 - Supporting documents required

Current through June, 2024
Every applicant shall furnish the following with the
				  application:
(1) The appropriate
				fees;
(2) Proof that the applicant
				has met the educational and experience requirements;
(3) Employer verification of experience
				statement;
(4) Three references
				from individuals who have had dealings relating to the applicant's appraisal
				assignments on forms provided by the director attesting to the applicant's
				experience and reputation for honesty, truthfulness, fairness, and financial
				integrity;
(5) If requested, proof
				that the applicant is a United States citizen or alien authorized to work in
				the United States; and
(6) If
				requested, appraisal reports or file memoranda.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 6 - PROCESSING APPLICATIONS › Section 16-114-36 - Responsibility of applicant to furnish information and documentation

Current through June, 2024
It shall be each applicant's responsibility to furnish the
				  information and documentation requested. In the event of any change of
				  information provided, the applicant shall notify the director in writing within
				  thirty days of any change.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 6 - PROCESSING APPLICATIONS › Section 16-114-37 - Signing and verification of application

Current through June, 2024
Every application and all references shall be signed by the
				  applicant or the person attesting to the experience and reputation of the
				  applicant. All persons attesting to the experience and reputation of the
				  applicant shall swear to the truth of the statements contained therein before a
				  notary public.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 6 - PROCESSING APPLICATIONS › Section 16-114-38 - Application for upgrade

Current through June, 2024
(a) For completed
				applications received on or after January 1, 2008, a state licensed or
				certified appraiser holding a current and active license or certificate may
				apply for upgrade as follows:
(1) For state
				certified residential appraiser certification, submittal of:
(A) Appropriate fees;
(B) Proof that the applicant has met the
				requirements of section 16-114-20.5;
(C) Proof that the applicant has performed at
				least two thousand five hundred hours of appraisal work;
(D) Proof that the applicant has met the
				requirements of the Appraisal Qualification Board's current qualifying
				education requirements as may be amended provided that only those hours not
				obtained by challenge examination may be applied to meet this requirement, and
				that continuing education hours credited for renewal shall not be applied to
				meet this requirement; and
(E)
				Proof of passage of the appropriate examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 6 - PROCESSING APPLICATIONS › Section 16-114-39 - Criminal conviction

Current through June, 2024
When an applicant has been convicted of a crime related to
				  the appraisal profession and it is determined that the conviction may be
				  considered under section
				  831-3.1,
				  HRS, the director or the director's authorized delegate may request the
				  following documents from the applicant:
(1) Copies of any court records, orders, or
				other documents that state the facts and statutes upon which the applicant was
				convicted, the verdict of the court with regard to that conviction, the
				sentence imposed, and the actual terms of the sentence; and
(2) Affidavits from any parole officer,
				employer, or other persons who can attest to a firm belief that the applicant
				has been sufficiently rehabilitated to warrant the public trust.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 6 - PROCESSING APPLICATIONS › Section 16-114-40 - Denial or rejection of application

Current through June, 2024
(a) An application
				for issuance of a license or certificate shall be denied when an application is
				insufficient or incomplete or when an applicant has failed to provide
				satisfactory proof that the applicant meets the requirements under subchapter 4
				and this subchapter. In addition, the director may deny issuance of a license
				or certificate:
(1) When the applicant is
				known to have committed any of the acts under section 16-114-106; or
(2) If the applicant has had disciplinary
				action taken by any jurisdiction, including any federal or state regulatory
				body.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 7 - RENEWAL › Section 16-114-45 - Notice of renewal

Current through June, 2024
All licenses and certificates shall expire on December 31 of
				  each odd-numbered year. Before November 15 of each odd-numbered year the
				  director or director's authorized delegate shall mail to every licensee or
				  certificate holder, except those whose license or certificate has been
				  forfeited, suspended, or revoked, a renewal application to the address of the
				  licensee or certificate holder on record.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 7 - RENEWAL › Section 16-114-46 - Date for filing

Current through June, 2024
All licensees and certificate holders shall [complete and]
				  submit a completed renewal application, required fees, and original
				  documentation of successful completion of the required continuing education
				  hours including successful completion of the seven hour National USPAP Update
				  Course or its equivalent on or before December 31 of the odd-numbered year. A
				  completed renewal application with the required documents sent by United States
				  mail shall be considered timely filed if the envelope bears a postmark no later
				  than December 31 of the odd-numbered year.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 7 - RENEWAL › Section 16-114-47 - Automatic forfeiture for failure to renew

Current through June, 2024
Paying fees with a check which is dishonored upon first
				  deposit, or failing to timely renew the license or certificate, pay the
				  applicable fees, submit the required continuing education hours, or submit
				  proof of completion of the USPAP course requirement shall cause the license or
				  certificate to be automatically forfeited.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 7 - RENEWAL › Section 16-114-48 - Restoration of forfeited license or certificate

Current through June, 2024
(a) A
				license or certificate which has been forfeited may be restored within two
				years after the date of forfeiture provided the applicant pays the appropriate
				fees including restoration fees, and submits all continuing education hours
				that would have been required had the licensee or certificate holder maintained
				licensure or certification.
(b) An
				individual whose license or certificate has been forfeited and who fails to
				restore the license or certificate as provided above, shall apply as a new
				applicant.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 7 - RENEWAL › Section 16-114-49 - Director may refuse to renew or restore

Current through June, 2024
The director may refuse to renew or restore a license or
				  certificate for failure or refusal of the licensee or certificate
				  holder:
(1) To properly complete or
				timely submit the renewal application form and submit all fees and required
				documentation;
(2) To maintain a
				good reputation for honesty, truthfulness, fairness, and financial
				integrity;
(3) To meet and maintain
				the conditions and requirements necessary to qualify for the issuance of the
				license or certificate; or
(4) To
				comply with chapter 466K, HRS, and this chapter.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 8 - CONTINUING EDUCATION › Section 16-114-54 - Purpose

Current through June, 2024
(a) The purpose of continuing education is to
				ensure that the appraiser participates in programs to maintain and increase the
				appraiser's skill, knowledge, and competency in real estate
				appraising.
(b) As a prerequisite
				to renewal of a license or certificate, the appraiser shall present
				satisfactory evidence of having met the continuing education requirements of
				this subchapter.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 8 - CONTINUING EDUCATION › Section 16-114-55 - Classroom hour requirement

Current through June, 2024
(a) For all
				licensees and certificate holders, the continuing education requirement shall
				be fourteen classroom hours of instruction in courses or seminars for each year
				during the biennium period preceding the renewal which shall include the
				successful completion of the seven-hour national USPAP course or its
				equivalent.
(b) Licensees and
				certificate holders shall submit evidence of twenty-eight classroom hours for
				the previous biennium, or fourteen classroom hours if the licensee or
				certificate holder was licensed or certified in the second year of the biennium
				which shall include the successful completion of the seven-hour National USPAP
				course or its equivalent.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 8 - CONTINUING EDUCATION › Section 16-114-56 - Acceptable classroom credit hours

Current through June, 2024
(a) A classroom
				hour is defined as fifty minutes out of each sixty minute segment.
(b) Credit toward the classroom hour
				requirement may be granted only where the length of the educational offering is
				at least two hours.
(c) No
				additional credit shall be granted for any comparable course within the
				biennium period, except for USPAP courses.
(d) USPAP education credit shall only be
				awarded when the class is taught by an Appraiser Qualifications Board certified
				instructor who is a state certified residential or general appraiser.
(e) Equivalency to the national USPAP course
				shall be determined by the Appraiser Qualifications Board.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 8 - CONTINUING EDUCATION › Section 16-114-57 - Course providers or courses

Current through June, 2024
(a) Approved course
				providers shall be as stated in section 16-114-22.
(b) Credit may be granted for educational
				offerings which are consistent with the purposes of continuing education stated
				in section 16-114-54 and which cover real estate appraisal related topics such
				as those listed below:
(1) Ad valorem
				taxation;
(2)
				Arbitrations;
(3) Business courses
				related to real estate appraisal;
(4) Construction estimating;
(5) Ethics and standards of professional
				practice;
(6) Financial markets and
				cost of capital;
(7) Land use
				planning, zoning, and taxation;
(8)
				Litigation;
(9) Management,
				leasing, brokerage, timesharing;
(10) Property development;
(11) Real estate appraisal
				(valuations/evaluations);
(12) Real
				estate financing and investment;
(13) Real estate law;
(14) Real estate litigation;
(15) Real estate appraisal related computer
				applications;
(16) Real estate
				securities and syndication; or
(17)
				Real property exchange.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 8 - CONTINUING EDUCATION › Section 16-114-58 - No carryover of continuing education credit hours

Current through June, 2024
Continuing education credit hours in excess of the required
				  number of continuing education hours for each biennium shall not be credited to
				  satisfy continuing education hours for the next biennial renewal
				  period.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 9 - INACTIVE STATUS › Section 16-114-63 - Inactive status

Current through June, 2024
(a) A license or
				certificate may be placed on an inactive status upon written notification to
				the director by the licensee or certificate holder of the effective date of
				inactivation and payment of an inactive fee.
(b) A licensee or certificate holder on
				inactive status shall be considered as unlicensed or uncertified.
(c) An inactive license or certificate may be
				renewed on an inactive status upon payment of the inactive fee. Paying fees
				with a check which is dishonored upon first deposit, or failing to timely renew
				an inactive license or certificate, or pay applicable fees, shall cause the
				inactive license or certificate to be automatically forfeited.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 9 - INACTIVE STATUS › Section 16-114-64 - Requirements to reactivate

Current through June, 2024
(a) An inactive
				licensee or certificate holder may apply for reactivation upon payment of the
				reactivation fee and applicable renewal fees, and proof of completion of all
				continuing education hours that would have been required had the licensee or
				certificate holder maintained licensure or certification, including the
				successful completion of the seven-hour national USPAP course or its
				equivalent.
(b) Failure to meet the
				requirements for reactivation shall require a person desiring licensure or
				certification to apply as a new applicant.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 10 - SCOPE OF LICENSED AND CERTIFIED APPRAISERS › Section 16-114-69 - Supervision of appraiser assistants

Current through June, 2024
(a) Certified
				appraisers may directly supervise appraiser assistants provided:
(1) The certified appraiser is in good
				standing and not subject to any disciplinary action within the last two years
				that affects the certified appraiser's legal ability to practice appraisal,
				and
(2) The certified appraiser
				approves and signs the report as being independently and impartially prepared
				and in compliance with the USPAP.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 10 - SCOPE OF LICENSED AND CERTIFIED APPRAISERS › Section 16-114-70 - State licensed appraiser

Current through June, 2024
A state licensed appraiser is licensed to perform:
(1) Noncomplex one-to-four family residential
				property appraisals in connection with any federally related transaction or
				non-federally related transaction having a transaction value up to, but not
				including, $1,000,000;
(2) Other
				appraisals rendered in connection with any federally-related transaction or
				non-federally related transaction having a transaction value up to, but not
				including, $250,000; and
(3)
				Appraisals of rural properties where the rural property is a one-to-four family
				residential property where production of agricultural income is not significant
				or is primarily used for recreation or other non-income producing purposes.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 10 - SCOPE OF LICENSED AND CERTIFIED APPRAISERS › Section 16-114-71 - State certified residential appraiser

Current through June, 2024
A state certified residential appraiser is certified to
				  perform appraisals of all
				  1-4
				  residential properties without regard to value or complexity, and all other
				  properties with transaction values up to $250,000.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 10 - SCOPE OF LICENSED AND CERTIFIED APPRAISERS › Section 16-114-71.5 - State certified general appraiser

Current through June, 2024
A state certified general appraiser is certified to perform
				  appraisals for all real estate property types.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 10 - SCOPE OF LICENSED AND CERTIFIED APPRAISERS › Section 16-114-72 - Use of terms

Current through June, 2024
(a) The terms
				'state licensed appraiser," "certified general appraiser," "certified
				residential appraiser," or 'state certified appraiser" may only be used to
				refer to an individual who is licensed or certified, as the case may be, under
				chapter 466K, HRS, and this chapter and may not be used following, or
				immediately in connection with, the name or signature of a corporation,
				partnership, association, or any other group practice, or in any manner that
				might be interpreted as referring to anyone other than the individual who is
				licensed or certified under chapter 466K, HRS, and this chapter.
(b) This requirement shall not be construed
				to prevent a licensee or certificate holder from signing an appraisal report on
				behalf of a corporation, partnership, association, or any other group practice
				if it is clear that only the individual is licensed or certified and the
				corporation, partnership, association, or group practice is not.
(c) No person may assume or use the title
				'state licensed appraiser," "certified general appraiser," "certified
				residential appraiser," or 'state certified appraiser," as the case may be, or
				any title designation or abbreviation likely to create the impression of
				licensure or certification unless that person holds a current license or
				certificate under chapter 466K, HRS, and this chapter.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 10 - SCOPE OF LICENSED AND CERTIFIED APPRAISERS › Section 16-114-73 - Repealed

Current through June, 2024
The
				  repealed version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 10 - SCOPE OF LICENSED AND CERTIFIED APPRAISERS › Section 16-114-74 - Nonapplicability to real estate brokers or real estate salespersons

Current through June, 2024
This chapter shall not apply to a real estate broker or
				  salesperson licensed by this State pursuant to chapter
				  467, HRS, who, in the ordinary course
				  of the real estate broker's or salesperson's business, gives an opinion as to
				  the recommended listing price of real estate or an opinion to a potential
				  purchaser or third party as to the recommended purchase price of real estate,
				  provided:
(1) The opinion as to the
				listing price or the purchase price shall not be referred to as an
				appraisal;
(2) No compensation,
				fee, or other consideration is charged for such opinion other than the normal
				brokerage fee rendered in connection with the sale of the property;
				or
(3) No representation is made
				that the real estate broker or salesperson is a certified or licensed real
				estate appraiser.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 10 - SCOPE OF LICENSED AND CERTIFIED APPRAISERS › Section 16-114-75

Current through June, 2024
The adopted
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 10 - SCOPE OF LICENSED AND CERTIFIED APPRAISERS › Section 16-114-76

Current through June, 2024
The adopted
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 10 - SCOPE OF LICENSED AND CERTIFIED APPRAISERS › Section 16-114-77

Current through June, 2024
The adopted
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 10 - SCOPE OF LICENSED AND CERTIFIED APPRAISERS › Section 16-114-78

Current through June, 2024
The adopted
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 11 - TEMPORARY RECOGNITION OF LICENSURE OR CERTIFICATION OF OUT-OF-STATE APPRAISERS › Section 16-114-79 - Recognition of license or certificate

Current through June, 2024
(a) The director
				may recognize the license or certification of an appraiser who is currently
				licensed or certified in another jurisdiction provided:
(1) The licensure and certification
				requirements in that other jurisdiction have not been disapproved by the
				Appraisal Subcommittee; and provided further that:
(A) The property to be appraised is part of a
				federally related transaction or non-federally related transaction;
(B) The appraiser's business is of a
				temporary nature; and
(C) The
				appraiser applies for the temporary recognition of the license or
				certificate.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 11 - TEMPORARY RECOGNITION OF LICENSURE OR CERTIFICATION OF OUT-OF-STATE APPRAISERS › Section 16-114-80 - Requirements for recognition

Current through June, 2024
(a) Application for
				temporary recognition of appraiser licensure or certification shall be made
				under oath on forms to be provided by the director. The form may require the
				applicant to provide items under subchapter
				6.
(b) In addition, the applicant shall:
(1) Agree, in writing, to conform with all
				the provisions of chapter 466K, HRS, and this chapter; and
(2) File a designation in writing which
				appoints the director to act as the appraiser's licensed agent upon whom all
				judicial and other process or legal notices directed to the appraiser may be
				served. The appraiser shall agree that service upon the director shall have the
				same legal force and validity as if personally served upon the appraiser and
				that the authority of the director shall continue in force as long as any
				liability of the appraiser remains outstanding in this State.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 11 - TEMPORARY RECOGNITION OF LICENSURE OR CERTIFICATION OF OUT-OF-STATE APPRAISERS › Section 16-114-81 - Director may refuse to recognize

Current through June, 2024
The director may refuse to recognize licensure or
				  certification for reasons under section
				  16-114-40.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 11 - TEMPORARY RECOGNITION OF LICENSURE OR CERTIFICATION OF OUT-OF-STATE APPRAISERS › Section 16-114-82 - Term of recognition; renewal

Current through June, 2024
(a) Recognition
				shall remain in force throughout the time period necessary to complete the
				appraisal assignment provided the license or certificate is current in the
				other jurisdiction.
(b) The
				appraiser shall file with the director evidence of renewal of licensure or
				certification in the other jurisdiction within two months of renewal, and pay
				the applicable compliance resolution fund fee.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 11 - TEMPORARY RECOGNITION OF LICENSURE OR CERTIFICATION OF OUT-OF-STATE APPRAISERS › Section 16-114-83 - Withdrawal of recognition

Current through June, 2024
Recognition of the licensure and certification may be
				  withdrawn after hearing pursuant to chapter
				  91, HRS, if the recognized appraiser
				  is found to have violated the provisions of chapter 466K, HRS, or this chapter
				  or if the appraiser's license or certificate is disciplined, revoked,
				  suspended, or forfeited in another jurisdiction.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 12 - APPRAISAL STANDARDS › Section 16-114-88 - Appraisal standards for real estate transactions

Current through June, 2024
(a) For all
				real estate transactions requiring the services of a state licensed or
				certified appraiser, all appraisals shall be performed by an appropriately
				licensed or certified appraiser and shall, at a minimum, conform to the current
				USPAP.
(b) If information required
				or deemed pertinent to the completion of an appraisal is unavailable, that fact
				shall be disclosed and explained in the appraisal report.
(c) An appraiser shall perform all
				appraisals, review, or consulting service with impartiality, objectivity, and
				independence, without any direct or indirect interest in the property.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.