reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-5 - CURRICULA APPROVED BY THE BOARD › Section 780-X-5-.08 - School And Course Provider Advertising Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Schools or course providers approved by
			 the Alabama Real Estate Appraisers Board may advertise course offerings.
			 However, the school or course providers shall not utilize advertising of any
			 type which is false, inaccurate, or misleading and must be able to substantiate
			 any claims made in the advertisement.
(2) Advertising requirements for all approved
			 schools and course providers are as follows:
(a) No person shall make, or cause to be
			 made, any statement, or representation, oral, written, or visual in connection
			 with the operation of a school or the offering of a course, if such person
			 knows or reasonably should know the statement or representation to be false,
			 inaccurate, or misleading.
(b) No
			 school or course provider shall utilize advertising of any type which is false,
			 inaccurate or misleading.
(c)
			 Publicity shall be based upon relevant facts and supporting evidence.
(d) A guarantee of placement for graduates
			 shall not be promised or implied except as follows: No person shall promise or
			 guarantee employment utilizing information, training, or skills purported to be
			 provided or otherwise enhanced by a course or school unless each person offers
			 the student or prospective student a bona fide contract of employment agreeing
			 to employ said student or prospective student for a period of not less than six
			 (6) months in a business or other enterprise regularly conducted by him and in
			 which such information, training, or skills is a normal condition of
			 employment.
(e) Schools and course
			 providers shall not advertise an approved course or course provider in
			 conjunction with any non "real estate related" business.
(f) No school or course provider shall
			 advertise or claim that it will train students completely in any given length
			 of time.
(g) No school or course
			 provider may advertise that it is endorsed by manufacturers or business
			 establishments.
(h) No references
			 whatsoever will be made in any advertisement as to the "pass/fail ration" with
			 any licensing or certification body by any school or course provider approved
			 by the Alabama Real Estate Appraisers Board.
(i) There shall be not advertising which
			 guarantees or alludes to a guarantee of passing the state examination.
Author:
Alabama Real Estate Appraisers
				Board
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-6 - EXPERIENCE › Section 780-X-6-.01 - Qualifying Experience - Trainee Real Property Appraiser

Current through Register Vol. 42, No. 9, June 28, 2024
No appraisal experience is required before an applicant is
				approved for this classification.
Author:
Alabama Real Estate Appraisers
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-11(d).
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-6 - EXPERIENCE › Section 780-X-6-.06 - Qualifying Experience Given For Review Appraisals

Current through Register Vol. 42, No. 9, June 28, 2024
Experience credit will be given for reviewing appraisal
				pursuant to the following guidelines:
(a) Separate Forms For Reviews. Reviews shall
			 be identified on a separate listing all the information in item six plus the
			 purpose of the review and agency supervisor for the unit requesting the review
			 (address and telephone number).
(b)
			 Hours Associated With Review. Twenty percent of the hours associated with the
			 report shall be awarded to the reviewer.
(c) Review Requirements. The review must meet
			 the requirements listed below.
1. In
			 reviewing an appraisal, an appraiser must observe the following specific
			 guidelines:
(a) Identify the report being
			 reviewed, the real estate and real property interest being appraised, the
			 effective date of the opinion in the report being reviewed, and the date of the
			 review;
(b) identify the scope of
			 the review process to be conducted;
(c) form an opinion as to the adequacy and
			 relevance of the data and the propriety of any adjustments to the
			 data;
(d) form an opinion as to the
			 appropriateness of the appraisal methods and techniques used to develop the
			 reasons for any disagreements;
(e)
			 form an opinion as to the correctness and appropriateness of the analyses,
			 opinions, and/or conclusions in the report being reviewed and developed the
			 reasons for any disagreement.
(f)
			 state in the letter of transmittal whether or not exterior or interior building
			 inspections were made and, if so, when and by whom;
(g) the review must be in writing and include
			 items a-f.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-6 - EXPERIENCE › Section 780-X-6-.07 - Experience Credit Which May Be Claimed By Military Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual
			 who holds an appraiser license and is a member of any branch of a military
			 reserve unit or the national guard may claim credit for experience obtained
			 more than five (5) years immediately preceding an application for upgrade of
			 his or her license under the following circumstances:
(a) The licensee is deployed to active duty
			 for a declared war or conflict or natural disaster;
(b) The deployment results in a loss of
			 experience credit which could be claimed in support of an upgrade of
			 licensure;
(c) The licensee may
			 claim experience for a time period identical to the period of deployment which
			 may be more than 5 years prior to the application date provided the licensee
			 has retained documentation of the experience in the form of reports or file
			 memoranda shall be available to support the experience claim.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-7 - REFERENCES › Section 780-X-7-.01 - Statement Of Policy

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 applicant should give serious attention to the selection of his/her
			 references.
(2) Appraisers under
			 whose direct supervision the applicant has worked should be given as
			 references.
(3) Any Board member
			 may on his or her own initiative, or the Board may request a Board member, a
			 staff employee or others to make an independent investigation of the
			 applicant's qualifications and report his/her findings.
(4) Additional references may be required by
			 the Board.
(5) It is the
			 responsibility of the applicant to assure the timely submission of all
			 reference letters, as well as experience verification forms and educational
			 transcripts. Board action will not be taken until all necessary information has
			 been received.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-5.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-7 - REFERENCES › Section 780-X-7-.02 - References

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The applicant
			 shall furnish on his application the names and addresses of at least five
			 references.
(2) At least three of
			 the five references must be currently licensed as a "Licensed Real Property
			 Appraiser," "Certified Residential Real Property Appraiser," or "Certified
			 General Real Property Appraiser." If necessary, applicants for a Trainee
			 license may include non-appraisers as references.
(3) All references must know the applicant
			 personally and be able to attest to the applicant's experience, ability,
			 character and reputation.
(4)
			 References dated more than one year prior to the date the application is
			 received by the Board will not be considered.
(5) The Board occasionally finds it necessary
			 to correspond directly with a reference to seek clarification or amplification
			 of the reference's original statements, which may have been unfavorable,
			 questionable or simply inadequate to substantiate experience claimed by the
			 applicant. If the reference fails or declines to furnish the necessary
			 information within a reasonable time, all information submitted by that
			 reference may be disregarded in consideration of the application
			 involved.
Author:
Alabama Real Estate Appraisers
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-5.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-7 - REFERENCES › Section 780-X-7-.03 - Confidentiality Of Reference Replies

Current through Register Vol. 42, No. 9, June 28, 2024
Those replies received from references regarding the
				qualifications of an applicant shall be included as records which do not
				constitute "public records" as provided for in Rule
				780-X-1-.14, and such replies
				will be held confidential.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-5.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-8 - EXAMINATIONS › Section 780-X-8-.01 - Eligibility For Examination

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Licensed Real Property Appraiser.
To be eligible to sit for the
			 examination for licensure for any classification of real property appraiser,
			 the applicant must provide evidence satisfactory to the Board of possessing the
			 educational qualifications and qualifying experience outlined in the
			 Administrative Code, Chapters 780-X-3 and 780-X-6. In addition, the applicant
			 must:
(a) be at least nineteen years old and
			 possess a high school diploma or equivalent;
(b) be a United States citizen or an alien
			 with permanent resident status;
(c)
			 if a non-resident of the State of Alabama, agrees to sign an affidavit
			 submitting to service of process in Alabama; submitting to the jurisdiction of
			 the Board for purposes of investigation and disciplinary action by the Board;
			 and agrees to be bound by all the provisions of the Alabama Real Estate
			 Appraisers Act and Rules and Regulations of the Board;
(d) be trustworthy and competent to transact
			 the business of an appraiser in a manner satisfactory to the Board;
(e) not have had membership in any nationally
			 recognized appraisal organization revoked for ethics violation; provided,
			 however, that membership in any such organization is not a requirement of
			 eligibility to sit for the examination; and
(f) provide evidence satisfactory to the
			 Board of having passed, within 24 months prior to application, a Board approved
			 USPAP course if taken prior to January 1, 2003, or if taken on or after January
			 1, 2003 the National USPAP course or its equivalent as determined by the AQB
			 taught by an instructor certified by the AQB..
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-8 - EXAMINATIONS › Section 780-X-8-.02 - Examination Dates And Locations

Current through Register Vol. 42, No. 9, June 28, 2024
Written examinations are held in places and on dates designated
				by the Board.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975,
§
										34-27A-5.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-8 - EXAMINATIONS › Section 780-X-8-.03 - Examination Results

Current through Register Vol. 42, No. 9, June 28, 2024
Examination results will be reviewed by the Board. After the
				results of the examination are received, the Board will issue the license
				certificate and wallet cards.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975,
§
										34-27A-5.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-8 - EXAMINATIONS › Section 780-X-8-.04 - Eligibility For Re-Examination

Current through Register Vol. 42, No. 9, June 28, 2024
Satisfactory completion of an exam must be made within
				twenty-four months after application is approved by the Board. The applicant
				may test as many times within the twenty-four month period as he or she chooses
				until a passing grade is obtained. After the expiration of twenty-four months
				an applicant must submit a new application and necessary fees.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975,
§
										34-27A-5.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-9 - CLASSIFICATION OF REAL ESTATE APPRAISERS › Section 780-X-9-.01 - Classification Of Real Estate Appraisers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Alabama law recognizes five classes of
			 real estate appraisers:
(a) Trainee Real
			 Property Appraiser,
(b) State
			 Registered Real Property Appraiser,
(c) Licensed Real Property
			 Appraiser,
(d) Certified
			 Residential Real Property Appraiser,
(e) Certified General Real Property
			 Appraiser.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-10 - LICENSE AND CERTIFICATION › Section 780-X-10-.01 - License/Certification Number

Current through Register Vol. 42, No. 9, June 28, 2024
At the time an applicant is granted a license for any real
				property appraiser classification by the Board, he will be assigned a
				license/certification number. These numbers will be issued consecutively in the
				order in which the applicants are approved by the Board. The applicant will be
				advised of this number in the notice sent to him by the executive
				director.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-5.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-10 - LICENSE AND CERTIFICATION › Section 780-X-10-.02 - Certificates

Current through Register Vol. 42, No. 9, June 28, 2024
As soon as possible after an applicant has met all the
				requirements for licensure and has satisfactorily completed the examination, a
				Certificate of Licensure for the appropriate appraiser classification will be
				issued. The license shall bear the signature or facsimile signature of the
				executive director and a license number assigned by the Board. Each licensed
				real propoerty appraiser shall place his or her license number adjacent to or
				immediately below the title of his or her classification when used in an
				appraisal report or in a contract or other instrument used by the license
				holder in conducting real property appraisal activities.
Author:
Alabama Real Estate Appraisers
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27A-5, 34-27A-17.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-11 - TEMPORARY PERMITS › Section 780-X-11-.01 - Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall
			 grant a temporary permit to practice as a state licensed real property
			 appraiser, with permission to appraise properties allowed by his resident
			 state, to persons who are licensed or certified to perform appraisals in
			 another state. A person desiring a temporary permit will file the application
			 for registration prescribed by the Board and pay the fee to be determined by
			 the Board. This application for registration will state the reason for
			 requesting such permit and the specific work to which it applies.
(2) If the executive director of the Board
			 finds the application and request to be in order, the temporary permit and
			 number will be issued through the office of the Board.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-14.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-11 - TEMPORARY PERMITS › Section 780-X-11-.02 - Issuance

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 temporary permit is effective for one specific appraisal assignment and one
			 extension of time for completion of the assignment. If the assignment is not
			 completed within six (6) months, the appraiser must request and the Board may
			 issue a written extension of six months for the completion of the assignment.
			 There is a limit of five Temporary Permits which can be issued in a
			 twelve-month period.
(2) While practicing under a temporary permit
			 in this state, the holder thereof will affix to all appraisals and documents
			 for use and execution in this state the added notation: "Practicing in the
			 State of Alabama under Temporary Permit No ..... "
Author:
Alabama Real Estate Appraisers
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-14.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-12 - EXPIRATIONS, RENEWALS AND CONTINUING EDUCATION › Section 780-X-12-.01 - Expirations And Renewals

Current through Register Vol. 42, No. 9, June 28, 2024
Stipulations with reference to expiration and renewal of
				licenses and certifications and the prerequisite to renewal of continuing
				education are set out in
Code of Ala. 1975
,
				§§
								34-27A-13, 34-27A-15, 34-27A-19.
(1) Any appraiser may elect to place his or
			 her appraiser license in an inactive status by doing all of the following:
(a) Before October 1 of any year, make
			 application to transfer to Inactive status;
(b) Pay an Inactive Status application fee of
			 One Hundred Seventy-Five ($175.00) Dollars each year for inactive
			 status;
(c) Submit all continuing
			 education due for the current year.
Appraisers on inactive status are not licensed to conduct
				appraisal or engage in any appraisal practice. Inactive status may continue for
				three (3) renewal cycles at which time, an appraiser may return to an active
				status or allow the license to close. A closed license cannot be reinstated and
				the former appraiser must complete a new application for licensure pursuant to
				780-X-3 and meet all then existing qualifications for licensure.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-12 - EXPIRATIONS, RENEWALS AND CONTINUING EDUCATION › Section 780-X-12-.02 - Continuing Education Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As a prerequisite to renewal of a license
			 for any classification of real property appraiser, a licensed real property
			 appraiser shall on forms prescribed by the Board present evidence satisfactory
			 to the Board of having completed continuing education as follows:
(a) All classes of state licensed real
			 property appraisers seeking renewal of their license shall present evidence to
			 the Board of having completed the equivalent of twenty-eight hours of
			 continuing education every two years. For the renewal cycle beginning on
			 September 1, 2003, at least seven of said hours shall be a Board approved USPAP
			 course taken prior to January 1, 2003 or, if taken between January 1, 2003 and
			 the date of renewal, the National USPAP course or its equivalent as determined
			 by the AQB taught by an instructor certified by the AQB and at least one
			 instructor of the class must be a state certified appraiser. In all renewal
			 cycles thereafter, at least seven of said hours shall be the National USPAP
			 course or its equivalent as determined by the AQB taught by an instructor
			 certified by the AQB and at least one instructor of the class must be a state
			 certified appraiser.
1. A classroom hour is
			 defined as fifty minutes out of each sixty-minute segment.
2. Credit toward the classroom hour
			 requirement may be granted only where the length of the educational offering is
			 at least two hours.
3. Credit for
			 the classroom hour requirement may be obtained from the following:
(i) Colleges or Universities
(ii) Community or Junior Colleges
(iii) Real Estate Appraisal or Real Estate
			 Related Organizations
(iv) State or
			 Federal Agencies or Commissions
(v)
			 Proprietary Schools
(vi) Other
			 providers approved by the Board
4. Credit may be granted for educational
			 offerings which cover real estate related appraisal topics such as those listed
			 below and which are consistent with the purpose of continuing education stated
			 in subparagraph (3) below.
(i) Ad Valorem
			 Taxation
(ii)
			 Arbitrations
(iii) Business courses
			 related to practice of real estate appraisal
(iv) Construction estimating
(v) Ethics and standards of professional
			 practice
(vi) Land use planning,
			 zoning and taxation
(vii)
			 Litigation
(viii) Management,
			 leasing, brokerage, timesharing
(ix) Property development
(x) Real property appraisal
			 (valuations/evaluations)
(xi) Real
			 Estate law
(xii) Real Estate
			 financing and investment
(xiii)
			 Real Estate appraisal related computer applications
(xiv) Real Estate securities and
			 syndication
(xv) Real property
			 exchange
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-13 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 780-X-13-.01 - Adoption Of Uniform Standards Of Professional Appraisal Practice

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Appraisal
			 Foundation Uniform Standards of Professional Appraisal Practice as promulgated
			 June 5, 1990, and/or as subsequently amended, are incorporated into the rules
			 and regulations of the professional conduct (code of ethics) except as provided
			 in subsection (3) of this Rule which shall guide the behavior of licensed and
			 certified real property appraisers in Alabama. Copies of the Uniform Standards
			 of Professional Appraisal Practice, may be obtained from The Appraisal
			 Foundation located at 1155 15th Street NW, Suite
			 1111, Washington, D.C. 20005, or from the Board for a reasonable copying charge
			 to be determined by the Board by resolution.
(2) A cost approach to value is deemed
			 reliable in cases of previously unoccupied new construction of 1-4 residential
			 properties and applicable to the valuation process. An appraiser is responsible
			 for the scope of work decision to determine what is required for credible
			 assignment results and it is incumbent on the appraiser to provide a convincing
			 explanation for the decision to exclude the cost approach for an appraisal that
			 is in question.
(3) Standards 3,
			 and 4, Real Property and Personal Property Appraisal Review, Development and
			 Reporting of the UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE, shall
			 not apply to a licensed or certified real property appraiser who, as a board
			 member, employee, or agent of the Alabama Real Estate Appraisers Board, reviews
			 appraisals submitted to the Board for licensing consideration, complaint
			 investigation, or disciplinary action.
Author
: Alabama Real Estate Appraisers
				  Board
Statutory Authority
:
Code of Ala.
				  1975
, §§
										34-27A-23,
				  41-22-9.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-14 - DISCIPLINARY ACTION › Section 780-X-14-.01 - Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
Proceedings to revoke, refuse to renew or suspend a certificate
				or license, or to censure, place on probation and/or fine any licensed real
				property appraiser may be initiated by the Board or by any person upon the
				filing with the Board executive director a letter of complaint which shall
				contain:
(a) Name and address of the
			 complaining party as well as the name and address of any licensed real property
			 appraiser against whom the complaint has been filed.
(b) A plain and concise statement of the
			 facts which together indicate that the individual licensed real property
			 appraiser complained against has violated Chapter 27A, Title 34,
Code of Ala. 1975
, or rules promulgated by the Board
			 or Rules of Professional Conduct (Code of Ethics).
(c) Any documentation of the alleged
			 violations, including a copy of the appraisal in question if
			 available.
(d) The signature of the
			 complainant.
Author:
Alabama Real Estate Appraisers
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-5.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-14 - DISCIPLINARY ACTION › Section 780-X-14-.03 - Probable Cause

Current through Register Vol. 42, No. 9, June 28, 2024
Upon the lodging of a letter of complaint the Boards Attorney
				and Investigative staff shall prepare a recommendation to the Board as to
				whether probable cause exists. The recommendation presented to the Board will
				not contain the name of the licensee involved, the address of the property
				involved, or any other identifying information. The Board will vote to dismiss
				the case, order further investigation, or ask that the case be set for hearing.
				The Board's vote to set a case for a hearing is a determination that probable
				cause exists.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-5.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-14 - DISCIPLINARY ACTION › Section 780-X-14-.04 - Summons And Complaint

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In
			 the event the Board determines that probable cause exists for the filing of a
			 summons and complaint, the Board shall instruct its counsel to prepare
			 such.
(2) The summons and complaint
			 shall be mailed certified mail return receipt requested to the most recent
			 address of the respondent on file with the Board and shall be mailed at least
			 twenty one days prior to the scheduled date of the hearing. A copy shall also
			 be sent first class mail.
(3) The
			 summons and complaint shall give notice in substantial compliance with the
			 Alabama Administrative Procedure Act,
Code of Ala.
			 1975
, §§
								41-22-12(b) and 34-27A-21.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27A-5, 34-27A-21.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-14 - DISCIPLINARY ACTION › Section 780-X-14-.05 - Prehearing Discovery

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Prehearing discovery may be permitted in accordance with this rule and §
								41-22-12(c) Alabama Administrative Procedures Act
Code of Ala.
			 1975
to the extent necessary to prevent fraud, conserve the
			 Board's time, prevent undue surprise at hearing and facilitate the carriage of
			 justice.
(2) The attorney for the
			 Board or the respondent may upon application to the presiding officer
			 conducting the hearing, obtain discovery regarding any matter not privileged
			 which is relevant to the subject matter involved in the pending action, whether
			 it relates to the charge of the Board or the defense of the
			 respondent.
(3) The discovery must
			 be had in accordance with any terms and conditions ordered by the presiding
			 officer conducting the hearing. The presiding officer may impose such terms and
			 conditions as are just upon discovery in order to protect a person from
			 annoyance, embarrassment, oppression or undue burden or expense.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27A-5, 34-27A-21.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-14 - DISCIPLINARY ACTION › Section 780-X-14-.06 - Disciplinary Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Conduct of Hearing.
(a) All disciplinary
			 hearings on contested cases before the Alabama Real Estate Appraisers Board
			 shall be conducted by a presiding hearing officer.
(b) The presiding hearing officer shall have
			 the authority to do all things necessary to ensure that hearings are conducted
			 in accordance with Alabama law and the Rules and Regulations of the Alabama
			 Real Estate Appraisers Board.
(c)
			 The presiding hearing officer shall rule on all evidentiary disputes during the
			 hearing.
(d) The respondent shall
			 plead either "guilty" or "not guilty" to the charges set forth in the
			 complaint.
(e) Each side shall be
			 permitted to make a short opening statement.
(f) The state shall present its evidence,
			 followed by the respondent, followed by rebuttal by the state. Each witness
			 called may be examined in the following manner:
1. Direct examination,
2. Cross examination,
3. Examination by the Board,
4. Re-direct examination,
5. Re-cross examination,
6. Re-examination,
7. Rebuttal
(g) Each side shall be permitted to make
			 short closing statement summarizing the evidence presented and urging the
			 application of relevant law to the evidence presented.
(h) The Board may request from the hearing
			 officer within seven days a proposed order(s) including findings of fact,
			 official notice and conclusions of law. Underlying facts of record which
			 support the findings should be cited.
(i) The Board shall issue an order within
			 thirty days of the date of the final hearing, which shall include findings of
			 fact, official notice taken, and conclusions of law, stated separately.
			 Respondent shall be delivered a copy of the order by certified mail return
			 receipt requested, and a copy shall be mailed first class to each attorney of
			 record.
(j) Evidence shall be
			 admitted in accordance with the Alabama Administrative Procedure Act,
Code of Ala. 1975
, §
									41-22-13.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-14 - DISCIPLINARY ACTION › Section 780-X-14-.07 - Discipline

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon a finding
			 that respondent has violated any enumerated provision of Section 34-27A-20, or
			 any rule established by the Board, including Code of Ethics, the Board shall
			 impose any or all of the disciplinary penalties set forth in
Code
			 of Ala. 1975
, §§
								34-27A-20(a), 34-27A-20(c), and
			 34-27A-5(b)(10), or as otherwise provided by law.
(2) The Board may, in its discretion,
			 permanently or temporarily stay the execution of its order to reprimand,
			 censure, place on probation, fine, revoke or suspend a license or
			 certification. The stay may be conditioned on any provision the Board deems
			 appropriate under the circumstances of any particular case.
(3) In determining whether a license or
			 certification should be revoked or suspended, and whether execution of the
			 order should be stayed, and upon what conditions; and whether to levy an
			 administrative fine; or impose a public or private censure; the Board shall
			 consider all relevant factors, including, but not limited to the following:
(a) the severity of the offense,
(b) the danger to the public,
(c) the number of repetitions of the
			 offense,
(d) the length of time
			 since the date of violation,
(e)
			 the number of complaints filed against the respondent,
(f) the length of time the respondent has
			 practiced,
(g) the actual damage to
			 the complainant and/or the public,
(h) the deterrent effect of the penalty
			 imposed,
(i) the effect of the
			 penalty upon the respondent's livelihood,
(j) any efforts or rehabilitation
			 and
(k) any other mitigating or
			 aggravating circumstances.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-14 - DISCIPLINARY ACTION › Section 780-X-14-.08 - Reinstatement Of License Or Certification After Revocation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Application for Reinstatement. Any person
			 whose license or certification has been revoked may not apply to the Board for
			 reinstatement of the license or certification until two years have elapsed
			 since the revocation, except a person convicted of a crime of moral turpitude
			 in which case five years shall have elapsed since said conviction and the
			 person's civil rights shall have been restored. In the application for
			 reinstatement, the applicant should state why the license or certification
			 should be reinstated and should specifically set forth any changed
			 circumstances which would justify reinstatement. Applicant must include in the
			 application evidence that the current requirements for licensure and
			 certification have been met.
(2)
			 Board Action. Upon receipt of such application the Board shall grant applicant
			 a hearing on reinstatement, at which time the applicant may appeal to the Board
			 to reinstate his/her license or certification.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-5.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-14 - DISCIPLINARY ACTION › Section 780-X-14-.09 - Conflict And Bias

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No
			 Board member shall be entitled to vote in any disciplinary matter if the Board
			 member is personally biased against the respondent or when such voting would
			 violate the provisions of the Alabama Administrative Procedure Act, §
								41-22-18(a),
Code of Ala. 1975
.
(2) Any respondent in a disciplinary action
			 who wishes to assert bias or conflict may do so by filing with the executive
			 director at least three days before the scheduled hearing an affidavit
			 asserting the disqualification together with the underlying factual basis for
			 the assertion.
(3) The Board shall
			 consider the assertion of disqualification on the record as a preliminary
			 matter at the hearing before any other question is decided.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-5.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-14 - DISCIPLINARY ACTION › Section 780-X-14-.10 - Penalty For Practicing Without A License

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Practicing real estate appraisal without
			 a proper license, or violation of the
Code of Ala.
			 1975
, §
								34-27A-3, shall constitute a serious violation of the
			 Alabama Real Estate Appraisers Act, and the Board may impose a penalty upon the
			 person violating the law as set forth in the
Code of Ala.
			 1975
, §§
								34-27A-5 and 34-27A-20, or as otherwise
			 provided by law.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27A-5, 34-27A-20.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-15 - SEVERABILITY › Section 780-X-15-.01 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any of the rules and regulations of the Board which shall be
				known as the
Alabama Real Estate Appraisers Board Administrative
				Code
, or any part thereof, or any sentence, paragraph, clause,
				phrase or word thereof is construed by the courts to be invalid for any reason,
				it is the intention of the Board that the remainder shall continue in full
				force and effect; that is, it is the intention of the Board that each rule
				and/or any portions thereof, are severable.
Author:
Alabama Real Estate Appraisers
				Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-5.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-16 - FORMS › Section 780-X-16-.02 - Checklist

Current through Register Vol. 42, No. 9, June 28, 2024
CHECKLIST FOR BECOMING LICENSED AND/OR CERTIFIED
				APPRAISER
1. Meet personal,
			 work experience and educational requirements. For Trainee Real Property
			 Appraisers applying for licensure as a Certified General Real Property
			 Appraiser, a personal interview with the Real Estate Appraisers Board may be
			 required.
2. Complete state
			 application for (1) Trainee Real Property Appraiser; (2) State Registered Real
			 Property Appraiser; (3) Licensed Real Property Appraiser; (4) Certified
			 Residential Real Property Appraiser; (5) Certified General Real Property
			 Appraiser.
3. Return completed
TYPED
application with transcripts, course evaluation
			 forms and non-refundable application fees to P.O. Box 304355, Montgomery, AL,
			 36130.
4.
a. Effective August 1, 2018, the following
			 fees are in effect:
Trainee Real Property Appraiser:
Licensed Real Property Appraiser:
Application Fee -
$150.00
Application Fee -
$275.00
Annual License Fee -
335.00
Annual License Fee -
335.00
Total Amount -
$485.00
Washington Registry Fee -
40.00
Total Amount -
$650.00
State Registered Real Property Appraiser:
							 Appraiser:
Certified Residential Real Property
Application Fee -
$275.00
Application Fee -
$275.00
Annual License Fee -
335.00
Annual License Fee -
335.00
Total Amount -
$610.00
Washington Registry Fee -
40.00
Total Amount -
$650.00
Certified General Real Property Appraiser:
Application Fee -
$275.00
Annual License Fee -
335.00
Washington Registry Fee -
40.00
Total Amount -
$650.00
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-16 - FORMS › Section 780-X-16-.03 - Education Approval Application Form

Current through Register Vol. 42, No. 9, June 28, 2024
Form al2631
780-X-16-.03 Page 2
See Master Code for form
780-X-16-.03 Page 3
See Master Code for form
780-X-16-.03 Page 4
See Master Code for form
Author:
Statutory Authority:
Code of Ala.
				  1975,
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-16 - FORMS › Section 780-X-16-.04 - Application For Reciprocal Appraiser License

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
				image
Click to view
				image
Click to view
				image
Click to view
				image
Click to view
				image
Author:
Statutory Authority:
Code of Ala.
				  1975
,
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-16 - FORMS › Section 780-X-16-.07 - Application For Mentor Status

Current through Register Vol. 42, No. 9, June 28, 2024
APPLICATION FOR MENTOR STATUS
Name__________________________________________________________
Physical Address of Principal Place of
				Business____________________________________
License
				Number___________________________________________
Have you ever been disciplined by REAB or any licensing Board
				within the past five (5) years? ? Yes ? No
If yes, explain on a separate page.
Attach two recent appraisals completed for a client (demo
				reports not accepted) which are indicative of your appraiser business.
These reports will be reviewed by the Board to determine whether your
				reports substantially comply with USPAP and whether you are knowledgeable of
				USPAP to train appraisers
.
The fee for processing this application for mentor
				status is $200.00. (You do not need to submit a separate application for each
				trainee. One application covers all mentoring unless that status is removed
				through disciplinary action by the Board).
You are required to immediately report the name and
				license number of trainees who work under your supervision to the
				Board.
You are required to immediately report the name and
				license number of trainees who leave your supervision to the
				Board.
You will be notified within 60 days of the disposition
				of this application.
I hereby certify that the information contained in this
				application is true and correct. I agree to conduct the supervision of trainee
				appraisers strictly according to the rules established by REAB.
___________________________________
Signed
___________________________________
Dated
*Applications which do not include the fee and copies
				of appraisals will not be processed. They will be
				returned.
Author:
Statutory Authority:
Code of Ala.
				  1975
,
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.02 - Filing And Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Each
			 application for registration shall be TYPED and accompanied by the required
			 application fee. The Board shall reject and return to the applicant any
			 application, which is incomplete or not accompanied by the required fee or
			 fees. Application fees accompanying complete applications are not
			 refundable.
(b) The Board shall set
			 and regulate fees necessary for it's operation as self-sustaining Board. The
			 application fee shall be thirty-five hundred dollars ($3500).
(c) Payment of application fees shall be made
			 by certified check, bank check or money order payable to the Alabama Real
			 Estate Appraisers and Appraisal Management Company Registration and Regulation
			 Board.
(d) Registration granted by
			 the Board shall be valid for one year from the date on which it is
			 issued.
Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27A-51,
				  34-27A-54.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.04 - Registration Renewal

Current through Register Vol. 42, No. 9, June 28, 2024
(a) All
			 registrations expire one year from the date of issuance and annually
			 thereafter.
(b) A holder of an
			 appraisal management company registration desiring the renewal of such
			 registration shall apply in writing upon the form provided by the Board and
			 shall forward the renewal fee. The renewal fee shall be two thousand dollars
			 ($2000). Forms are available upon request to the Board. The renewal fee is not
			 refundable under any circumstances. A renewal will be processed without the
			 addition of a late fee if it is received by the 10th
			 calendar day following the due date.
(c) The company shall also furnish with
			 renewal the number of appraisers who are on the company roster who have
			 performed appraisals for a covered transaction during a 12-month period
			 determined by the Board immediately preceding the license renewal.
In addition to the renewal fee specified in (b) above, the
				appraisal management company shall calculate and submit a National Registry Fee
				with the renewal. The Registry Fee is set by the Appraisal Subcommittee as
				Twenty-five ($25) Dollars for each appraiser who has completed an appraisal for
				a covered transaction in the state during a 12-month period determined by the
				Board immediately preceding the license renewal.
An AMC operating in only Alabama with fewer than 16 appraisers
				on the panel and AMC's operating in more than one State with fewer than 25
				appraisers on the panel are not eligible to be placed on the ASC's AMC
				Registry.
(d) The Board
			 shall establish a late renewal fee deemed necessary by the Board.
(e) Any company who acts or holds itself out
			 as a registered appraisal management company while its appraisal management
			 company registration is expired is subject to disciplinary action and penalties
			 as prescribed
			 780-X-17-.19(a).
Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-54.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.05 - Expired Registration

Current through Register Vol. 42, No. 9, June 28, 2024
(a)
			 Expired registrations may be reinstated within six (6) months after expiration
			 upon proper application and payment to the Board of the renewal fee of two
			 thousand dollars ($2000) plus the late filing fee of five hundred dollars
			 ($500). No late filing fee will be collected when renewal is received on or
			 before the 30th day after registration
			 lapses.
(b) Reinstatement is not
			 retroactive.
Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-54.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.06 - Payment Of Fees To The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Checks given the Board in payment of fees
			 that are returned unpaid are cause for registration denial, suspension or
			 revocation.
Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-54.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.07 - Use Of Registration Number

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The Board shall issue a unique
			 registration number to each appraisal management company and shall annually
			 publish a list of registered appraisal management companies and their
			 corresponding registration numbers.
(b) Each appraisal management company shall
			 include its registration number on all engagement letters for appraisals in
			 Alabama.
Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27A-54,
				  34-27A-56.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.08 - Change Of Name Or Contact Information

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Appraisal management companies shall
			 notify the Board in writing of each change of trade name, business address,
			 telephone number, or email address within ten (10) days of said change. The
			 Board may levy a fine of two hundred ($2 00) to any appraisal management
			 company who does not give written notification within ten (10) days.
Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-54.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.09 - Appraiser Qualifications

Current through Register Vol. 42, No. 9, June 28, 2024
(a) An
			 appraisal management company shall annually certify to the Board, on a form
			 prescribed by the Board, that any appraiser being added to its appraiser panel
			 to appraise properties in Alabama holds a license in good standing in Alabama.
			 The appraisal management company shall verify the status of the appraiser by
			 contacting the Alabama Board or by utilizing the National Registry of the
			 Appraisal Subcommittee.
(b) An
			 appraisal management company may not prohibit the licensed or certified
			 appraiser engaged for an assignment from being assisted by a Trainee appraiser
			 who is mentored by the certified appraiser.
(c) An appraisal management company shall
			 obtain criminal background check information for appraisers on the panel from
			 the Board if there is a report on file with the Board, the appraiser has
			 consented to the release of the report to the appraisal management company and
			 if the criminal background check meets reasonable timeliness standards adopted
			 by the appraisal management company.
Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27A-54,
				  34-27A-57.