reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.10 - Appraisal Review

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 the appraisal management company periodically
			 reviews the work of all appraisers performing appraisals and appraisal reviews
			 for the appraisal management company to verify that the appraisals are being
			 conducted in accordance with Uniform Standards of Professional Appraisal
			 Practice (USPAP). An appraisal management company is not required to review all
			 appraisals performed by each appraiser, but may choose a representative sample
			 of each appraiser's reports. Record of the samples selected for compliance
			 review shall be kept for a period of five (5) years from the date of the
			 compliance review.
Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27A-54,
				  34-27A-57.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.11 - Appraiser Competency

Current through Register Vol. 42, No. 9, June 28, 2024
(a)
			 Before an appraiser is added to a panel, an appraisal management company shall
			 require the appraiser to declare in writing or via electronic means that the
			 appraiser receiving the assignment is a competent appraiser for the performance
			 of the appraisal being assigned.
(b) An appraisal management company must
			 select an appraiser for an assignment who has the requisite education,
			 expertise, and experience to complete competently the assignment for the
			 particular market and property type.
(c) An appraisal management company shall
			 annually certify to the Board, on a form prescribed by the Board, that the
			 appraisal management company requires appraisers to update this declaration at
			 least annually.
Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27A-54,
				  34-27A-58.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.12 - Records

Current through Register Vol. 42, No. 9, June 28, 2024
(a) An appraisal
			 management company shall maintain a record of each request it receives for its
			 services for appraisals of Alabama properties. If an appraisal is ordered, the
			 record shall include the name of the appraiser who performs the appraisal, the
			 physical address or legal identification of the subject property, the name of
			 the appraisal management company's client for the appraisal, and the amount
			 paid to the appraiser.
(b) The
			 Board shall maintain a list of all applicants for registration under this
			 Article that includes for each applicant the date of application, the name and
			 primary business location of the applicant, phone and email contact
			 information, and whether the registration was granted or refused.
(c) A registered appraisal management company
			 shall maintain the accounts, correspondence, memoranda, papers, books, and
			 other records related to services provided by the appraisal management company.
			 Such records may be maintained in electronic form. All records shall be
			 preserved for five (5) years.
(d)
			 If the information contained in any document filed with the Board is or becomes
			 inaccurate or incomplete in any material respect, the appraisal management
			 company shall file a correcting amendment to the information contained in the
			 document to the Board within ten (10) days of the change.
Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27A-54,
				  34-27A-57.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.13 - Production Of Records

Current through Register Vol. 42, No. 9, June 28, 2024
(a) If an
			 appraisal management company is requested to produce books and records to the
			 Board, the appraisal management company shall produce those records so that
			 they may be viewed in the Board's office in Montgomery, Alabama. Books and
			 records shall be produced in writing, by computer disc or by electronic
			 delivery. If the appraisal management company is unable to comply, the company
			 shall pay all costs associated with viewing the records in another
			 location.
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-.14 - Complaints Against Appraisers

Current through Register Vol. 42, No. 9, June 28, 2024
(a) If an appraisal management company has a
			 good faith belief that a real property appraiser licensed in Alabama has
			 violated applicable law or the Uniform Standards of Professional Appraisal
			 Practice (USPAP), engaged in unethical conduct, and the violation has had a
			 material impact on the valuation, the company shall file a complaint with the
			 Board. The complaint shall be filed within ninety (90) days of the date the
			 appraisal is submitted to the appraisal management company.
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-.15 - Payment Of Fees To Appraiser

Current through Register Vol. 42, No. 9, June 28, 2024
(a) An appraisal management company operating
			 in Alabama, except in cases of a mutually agreed upon payment date, breach of
			 contract, or performance of services that violates Uniform Standards of
			 Professional Appraisal Practice (USPAP) or any published standards of best
			 practices, shall make payment to an appraiser for the completion of an
			 appraisal or valuation assignment within forty-five (45) days after the date
			 the appraisal management company, or an assignee, receives a completed
			 appraisal or valuation study.
(b)
			 If an appraisal management company decides that it will not pay a fee to an
			 appraiser for an appraisal, the appraisal management company shall notify the
			 appraiser in writing of the reason for nonpayment. Such notice shall be sent to
			 the appraiser within thirty (30) days after the date the appraiser transmits
			 the appraisal to the appraisal management company. The notice shall be sent by
			 registered mail, return receipt requested, to the appraiser's business address
			 contained in the records of the Board. The notice shall state the address of
			 the subject property of the appraisal, the name of the appraiser(s) signing the
			 report, and the reason why the fee shall not be paid. The notice shall also
			 notify the appraiser of any dispute resolution process that the appraisal
			 management company may have in place.
Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27A-54,
				  34-27A-58.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.16 - Removal Of An Appraiser From An Appraisal Panel

Current through Register Vol. 42, No. 9, June 28, 2024
An appraisal management company may not remove an appraiser
				from an appraiser panel without:
(1)
			 providing written notice to the appraiser of the reasons for removal;
(2) providing written notice of the nature of
			 any alleged illegal conduct or violations of Uniform Standards of Professional
			 Appraisal Practice (USPAP) or state licensing standards if such is the reason
			 for removal; and
(3) providing an
			 opportunity for the appraiser to respond to the written notice.
Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27A-54,
				  34-27A-59.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.17 - Requesting Additional Information From An Appraiser

Current through Register Vol. 42, No. 9, June 28, 2024
(a) An appraisal management company may
			 request that a real estate appraiser who performs an appraisal for the
			 appraisal management company consider additional appropriate property
			 information, provide further detail, substantiation, or explanation for the
			 appraiser's value conclusion, or to correct errors in an appraisal report. If
			 the appraisal management company requests that an appraiser consider additional
			 information, such request shall be sent to the appraiser in writing or by
			 electronic means within thirty (30) days of the date the appraisal is
			 transmitted by the appraiser to 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-59.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.18 - Business Practices

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
			 appraisal management company may not:
(a)
			 prohibit an appraiser from stating on an appraisal the fee the appraiser was
			 paid by the company for the appraisal;
(b) prohibit an appraiser from stating on an
			 appraisal the appraiser's primary business address; and
(c) prohibit an appraiser from informing a
			 property owner, lender, or any other person or entity the appraiser's primary
			 business address.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.19 - Disciplinary Action

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The Board
			 may censure, conditionally or unconditionally suspend registration, revoke
			 registration, levy fines, or impose civil penalties not exceeding twenty-five
			 thousand dollars ($25,000) against any appraisal management company that the
			 Board determines is attempting to or has performed any of the following:
(1) an act in violation of this
			 article;
(2) a violation of any
			 regulation adopted by the board in the interest of the public and consistent
			 with this article; and
(3) the
			 procurement of registration through fraud, misrepresentation, or
			 deceit.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.20 - Due Process For Appraisal Management Companies

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Complaints
.
			 Proceedings to censure, conditionally or unconditionally suspend registration,
			 revoke registration, levy fines, or impose civil penalties not exceeding
			 twenty-five thousand dollars ($25,000) against an appraisal management company
			 may be initiated by the Board or by any person upon the filing with the Board
			 Executive Director of an original letter of complaint which shall contain:
(a) name and address of the complaining party
			 as well as the name and address of any appraisal management company against
			 whom the complaint has been filed;
(b) a plain and concise statement of the
			 facts which together indicate that the appraisal management company complained
			 against has violated Chapter 27A, Title 34,
Code of Ala.
			 1975
, or regulations promulgated by the Board or Rules of
			 Professional Conduct (Code of Ethics);
(c) any documentation of the alleged
			 violations; and
(d) the signature
			 of the complainant.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-17 - APPRAISAL MANAGEMENT COMPANY › Section 780-X-17-.21 - Appraiser Independence and Customary and Reasonable Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The Board, at its discretion, may
			 contract with an objective third party, such as an educational institution, to
			 develop a schedule of customary and reasonable fee rates of compensation for
			 one to four residential appraisals prepared for consumer credit transactions
			 secured by the principal dwelling of the consumer. The Board shall determine
			 the content and scope of the survey. In no instance shall a survey include fees
			 paid by appraisal management companies to appraisers. The results of this
			 survey may be used as a guideline for appraisal management companies to comply
			 with subsection (b) of this section. The Board shall consider annually consider
			 whether a new survey should be repeated.
(b) An appraisal management company shall
			 compensate appraisers at a rate that is customary and reasonable for appraisals
			 being performed in the market area of the property being appraised in
			 accordance with Section 129E(a) through (i) of the Truth in Lending Act,
			 15 U.S.C. §
									1639e(a) through (i) and
			 regulations adopted pursuant thereto. For purposes of this rule, geographic
			 area may be defined by zip code, city, county, metropolitan statistical area,
			 or a combination of contiguous counties in a non- metropolitan statistical
			 area.
1. Evidence for such fees may be
			 established by objective third-party information such as government agency fee
			 schedules (including any survey conducted by the Board in accordance with
			 section (a)), academic studies, and independent private sector
			 surveys.
2. An appraisal management
			 company electing to compensate fee appraisers on any basis other than an
			 established fee schedule as described in subsection 1. shall, at a minimum,
			 review the following factors on each assignment made, and make appropriate
			 adjustments to recent rates paid in the relevant geographic market necessary to
			 ensure that the amount of compensation is reasonable:
(i) the type of property for each appraisal
			 performed;
(ii) the scope of work
			 for each appraisal performed;
(iii)
			 the time in which the appraisal services are required to be
			 performed;
(iv) fee appraiser
			 qualifications;
(v) fee appraiser
			 experience and professional record; and
(vi) fee appraiser work quality.
3. An appraisal management company
			 shall maintain written documentation that describes or substantiates all
			 methods, factors, variations, and differences used to determine the customary
			 and reasonable fee for appraisal services conducted in the geographic market of
			 the appraisal assignment.
4. An
			 appraisal management company shall maintain records of how it determined the
			 customary and reasonable rate of compensation paid for each appraisal
			 assignment.
Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-18 - APPRAISAL MANAGEMENT COMPANY FORMS › Section 780-X-18-.02 - Registration Form

Current through Register Vol. 42, No. 9, June 28, 2024
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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-18 - APPRAISAL MANAGEMENT COMPANY FORMS › Section 780-X-18-.03 - Change Of Name Or Address Form

Current through Register Vol. 42, No. 9, June 28, 2024
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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-18 - APPRAISAL MANAGEMENT COMPANY FORMS › Section 780-X-18-.04 - Consent To Service Of Process And Pleadings Form

Current through Register Vol. 42, No. 9, June 28, 2024
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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-18 - APPRAISAL MANAGEMENT COMPANY FORMS › Section 780-X-18-.05 - Request For Reissuance Of Appraisal Management Company Certificate Form

Current through Register Vol. 42, No. 9, June 28, 2024
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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-18 - APPRAISAL MANAGEMENT COMPANY FORMS › Section 780-X-18-.06 - AMC Renewal Application

Current through Register Vol. 42, No. 9, June 28, 2024
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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-18 - APPRAISAL MANAGEMENT COMPANY FORMS › Section 780-X-18-.07 - AMC Renewal Application

Current through Register Vol. 42, No. 9, June 28, 2024
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Author:
Lisa Brooks, Executive Director, Alabama
				  Real Estate Appraisers Board
Statutory Authority:
Code of Ala.
				  1975
, §
										34-27A-54.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.01 - Organization

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The public may
			 obtain information or make submissions or requests to the Commission by
			 addressing inquiries to the Alabama Real Estate Commission, 1201 Carmichael
			 Way, Montgomery, AL 36106. Licensing and other pertinent information can be
			 obtained from the Commission's website.
(2) All applications and requests for which
			 the Commission has prescribed the form must be made on the prescribed form,
			 copies of which may be obtained from the Alabama Real Estate Commission, 1201
			 Carmichael Way, Montgomery, AL 36106 and/or the Commission's website.
(3) The Commission may utilize
			 advisory committees, working groups, and task forces for recommendations and
			 studies of issues. The composition of these groups shall be determined by the
			 Commission.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-7,
				  34-27-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.02 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Commission may issue declaratory rulings to any person substantially affected
			 by a rule with respect to the validity of the rule, or with respect to the
			 applicability to any person, property, or state of facts of any rule or statute
			 enforceable by the Commission, or with respect to the meaning and scope of any
			 order of the Commission. Such rulings shall be issued provided;
(a) the petitioner shows that he/she is
			 substantially affected by the rule in question,
(b) sufficient facts are supplied in the
			 request to permit the Commission to make a valid determination, and
(c) the request arises from an actual
			 question or controversy.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.03 - License Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Rental
			 leasing and/or property management services for Alabama real estate licensees
			 include but are not limited to:
(a) Rent or
			 lease real estate situated within the State of Alabama.
(b) Offer to rent or lease real estate
			 situated within the State of Alabama.
(c) Negotiate, to attempt to negotiate the
			 rental or leasing of real estate situated within the State of
			 Alabama.
(d) List or offer or
			 attempt or agree to list real estate for rental or lease situated within the
			 State of Alabama.
(e) Aid, attempt,
			 offer to aid in locating, or obtaining for rent, or lease any real estate
			 situated within the State of Alabama.
(f) Procure or assist in procuring the
			 prospects for the purpose of effecting the lease, or rental of real estate
			 situated within the State of Alabama.
(g) Procure or assist in the procuring of
			 properties for the purpose of effecting the lease, or rental of real estate
			 situated within the State of Alabama.
(h) Entering into an agreement or contracting
			 for the collection and escrow of security deposits, and entering into an
			 agreement or contracting for the collection and escrow of rental payments for
			 properties situated within the State of Alabama.
(i) Coordinate physical maintenance and
			 repairs for real property under rental or lease management agreement with an
			 Alabama real estate licensee, and situated within the State of Alabama, when
			 the coordination of physical maintenance or repairs does not require licensure
			 pursuant to other state regulatory agencies or boards, or when the real estate
			 licensee holds the license or licenses required by other state regulatory
			 agencies or boards to coordinate or perform the physical maintenance or
			 repairs.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.04 - Clerical/Office Employees

Current through Register Vol. 42, No. 9, June 28, 2024
The duties of clerical or office employees of a real estate
				company shall be limited to the duties normally attributed to such positions.
				No such employee of a licensee or any other person shall physically show listed
				property, solicit or accept listings, negotiate sales or leases, hold himself
				out as engaged in the real estate business or perform any other act for which a
				license is required unless properly licensed.
Author:
Edward George
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27-2(b)(6),
				  34-27-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.05 - Out-Of-State Co-Brokerage Agreement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An Alabama licensed broker may enter into
			 a co-brokerage agreement with a broker of another state, subject to the
			 provisions of
Code of Ala. 1975,
§
								34-27-3.
			 The Alabama broker shall require a listing or joint listing of the property
			 involved. The written co-brokerage agreements required by
Code of
			 Ala. 1975,
§
								34-27-3,
			 shall specify all material terms of each agreement, including but not limited
			 to its financial terms.
(2) The
			 showing of property located in Alabama and negotiations pertaining thereto
			 shall be supervised by the Alabama broker. In all advertising of real estate
			 located in Alabama, the name of the Alabama broker shall appear.
(3) The Alabama broker shall be liable for
			 all acts of the out-of-state broker, as well as for his own acts, arising from
			 the execution of any co-brokerage agreement.
(4) The Alabama broker shall determine that
			 the out-of-state broker is licensed as a broker in another state.
(5) All earnest money pertaining to a
			 co-brokerage agreement must be held in escrow by the Alabama broker unless both
			 the buyer and seller agree in writing to relieve the Alabama broker of this
			 responsibility.
Author:
Ronald Forehand
Statutory Authority:
Code of Ala.
				  1975,
§§
										34-27-3,
				  34-27-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.07 - Qualifications For Prelicense And Post License Instructors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In order to be approved to instruct real
			 estate coursework, all real estate prelicense and post license instructor
			 applicants shall:
(a) Apply on a form
			 prescribed by the Commission.
(b)
			 Hold a current broker's license in order to attain approval and must maintain a
			 current broker's license in order to continue approval to teach prelicense and
			 post license courses.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.08 - Instructor Approval And Utilization

Current through Register Vol. 42, No. 9, June 28, 2024
Each real estate prelicense, post license and continuing
				education course and the instructor(s) responsible for conducting each such
				course shall be approved by the Alabama Real Estate Commission. An approved
				instructor shall be present at each session of an approved real estate course.
				Unapproved guest speakers with expertise in particular areas may be used in
				prelicense courses and post license courses at any time without limitation so
				long as the approved instructor is present during their respective
				presentations to guarantee satisfaction of all course requirements. An
				unapproved guest speaker can be used for a portion of a continuing education
				course so long as the approved instructor is present during the presentation.
				Multiple unapproved guest speakers can be used in a single in continuing
				education course so long as the approved instructor is present during the
				entire course.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-6,
				  34-27-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.09 - Qualifications For Continuing Education Instructors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A continuing education instructor shall
			 be defined as an instructor who is approved to teach only continuing education
			 courses. All instructors who are approved to teach prelicense and post license
			 courses are also approved to teach continuing education courses and shall not
			 be required to qualify under this rule.
(2) Every continuing education instructor
			 applicant shall apply for approval on a form prescribed by the Commission along
			 with the appropriate fee. No instructor may begin teaching a course offered for
			 continuing education credit until he/she has received written approval from the
			 Commission.
(3) Continuing
			 education instructor applicants shall not have been found guilty of violating
			 any provision of the Real Estate License Law or any rule, regulation or order
			 of the licensing authority in any state.
(4) Continuing education instructors shall be
			 periodically reviewed and evaluated by the Commission.
(5) Continuing education instructors shall
			 attend Commission sponsored orientation courses and seminars when directed to
			 do so by the Commission. Failure to do so shall result in the instructor being
			 subject to disciplinary action in accordance with Rule
			 790-X-1-.17.
(6) A person seeking approval to teach
			 approved continuing education courses, may seek approval in his/her principal
			 occupation by possessing one of the following qualifications:
(a) Bachelor's degree in the field of
			 instruction plus at least two years-experience in the field of
			 instruction;
(b) Teaching
			 experience consisting of at least 75 hours in the application field within 3
			 years immediately preceding the date of the instructor's application plus 3
			 years full time experience in the field of instruction;
(c) Six years full time experience in the
			 profession, trade or occupation in the field of instruction;
(d) Any combination of at least six years of
			 full time experience relevant to the application field and college level
			 education with course work in the field of instruction.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.10 - Application, Fees And Renewal Requirements For Instructors, Courses, Administrators, And Schools

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 License and approval periods begin on October 1 of each odd numbered year and
			 conclude on September 30 of the second year of the period.
(2) Instructor approval: Instructors shall
			 submit application for approval as required by the Commission. The initial fee
			 for instructor approval shall be $50 per year or any portion thereof except
			 that instructors who teach only elective continuing education shall pay an
			 initial fee of $25 per year or any portion thereof.
(3) Course approval: Instructors shall submit
			 application for course approval as required by the Commission. Applications
			 shall include an outline, learning objectives and learning strategies. The
			 initial course review fee shall be $100. An initial course constitutes either
			 one being submitted for the first time or an existing course which incurs
			 substantial changes as determined by the Commission. With the exception of
			 distance education courses, all courses for which the Commission supplies a
			 course outline do not require the $100 initial course review fee for
			 approval.
(4) School licensure:
			 Proprietary schools that offer prelicense and post license courses shall submit
			 application for licensure as required by the Commission and the initial license
			 fee shall be $250 per year or any portion thereof.
(a) Application for school licensure shall
			 include appropriate license fee and verification of surety bond.
(b) Any proprietary school offering
			 prelicense and/or post license courses in more than one location shall have a
			 licensed branch school for each location using the same application procedure
			 as the principal school.
(c) Any
			 change of the name or address of a licensed school requires a written notice to
			 be sent to the Commission within ten (10) days of making the change in order
			 for a new license to be issued.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.11 - Course Content For Continuing Education

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To meet
			 continuing education requirements, salespersons shall complete fifteen (15)
			 clock hours each license period as set out below:
(a) Three (3) clock hours in the
			 Commission-approved Risk Management course.
(b) Twelve (12) clock hours in
			 Commission-approved courses.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.13 - Exemptions From Continuing Education Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Continuing education requirements do not
			 have to be met in order for a license to be renewed on inactive status.
			 However, in order to activate the license, the licensee shall complete the 15
			 clock hour continuing education requirement.
(2) Licensees shall be exempt from meeting
			 continuing education requirements only if they were both 65 years old prior to
			 October 1, 2000 and held a real estate license continuously from October 1,
			 1990 - September 30, 2000. For purposes of meeting this exemption licensure can
			 be active, inactive, or a combination thereof.
Authors:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8,
				  34-27-35.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.14 - Student Attendance Participation Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Administrators shall take steps to ensure
			 that all students comply with the following participation standards:
(a) A student shall direct his/her attention
			 to the instruction being provided and refrain from engaging in activities
			 unrelated to the instruction.
(b) A
			 student shall refrain from engaging in activities which are distracting to
			 other students or the instructor, or which otherwise disrupt the orderly
			 conduct of a class such as personal conversations, talking on cell phones, and
			 any thing else that causes distracting noise.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.15 - School And Instructor Advertising Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No administrator and no instructor 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.
(2) All school advertising shall contain the
			 licensed or approved name of the school. A school shall not advertise in
			 conjunction with any other business establishment unless the administrator
			 submits a written statement to the Commission that the school will be
			 responsible to ensure that all advertising complies with the laws and rules
			 which govern advertising.
(3) No
			 reference whatsoever shall be made in any newspaper, advertising brochures,
			 etc. as to "pass/fail ratio" by any school/course sponsor or instructor
			 approved by the Alabama Real Estate Commission with the exception that
			 administrators and instructors may advertise that pass/fail rates can be viewed
			 on the Alabama Real Estate Commission's website.
(4) There shall be no advertising which
			 guarantees or alludes to a guarantee of passing the state
			 examination.
(5) Failure by
			 administrators and instructors to comply with advertising laws and rules shall
			 result in disciplinary action as set forth in Commission rules.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-6,
				  34-27-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.16 - Audits Of Approved Schools And Instructors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All schools and instructors shall be
			 subject to audit to ensure compliance with the Real Estate License Law and the
			 Rules and Regulations of the Alabama Real Estate Commission. In the event of
			 such an audit, the responsible individual shall make available to the
			 authorized representative of the Commission all documentation and information
			 requested which is necessary for the audit. This information may include but is
			 not limited to:
(a) a list of all guest
			 lecturers and substitutes within the past six (6) months
(b) attendance records, credit entry
			 verification, and licensing process and deadline forms when
			 appropriate
(c) classroom
			 facilities as set forth in Commission rules
(d) school advertisements
(e) course examinations and answer sheets
			 when appropriate
(f) classroom
			 management as set forth in Commission rules
(g) any provision identified in Commission
			 rules that could lead to disciplinary action
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.18 - Reciprocal License Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Applicants for a reciprocal license shall
			 have a current license in a qualifying state either on active or inactive
			 status which is not a reciprocal or nonresident license. A qualifying state is
			 one in which the applicant completed prelicense course work and passed a
			 comprehensive examination which contained general real estate in addition to
			 state law. This shall be evidenced by a certification of licensure (licensed
			 history) that is obtained from the qualifying state within the 120 days
			 immediately prior to the issuance of an Alabama license. For initial licensure
			 as a reciprocal salesperson or broker, at minimum the certification of
			 licensure shall show:
(a) Name and address of
			 the licensee; and
(b) Status of the
			 license (current, renewed, not renewed, expired, lapsed, etc.) and
(c) Type of license (salesperson, broker,
			 etc.); and
(d) Period of time the
			 license has been active and inactive over at least the previous 36 months;
			 and
(e) If the applicant passed on
			 examination; and
(f) Whether the
			 examination consisted of the national and state portion or only the state
			 portion; and
(g) Record of any
			 disciplinary action against the licensee; and
(h) Any other documentation the Commission
			 may require.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.19 - Classroom Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Courses shall be conducted in a facility that provides an
				appropriate learning environment. At a minimum, the classroom shall:
(1) be of sufficient size to accommodate
			 comfortably all enrolled students;
(2) be adequately equipped with student
			 desks, worktables with chairs or other seating having a writing surface and
			 arranged so that the writing surface is in front of students allowing students
			 to have an unobstructed view of the instructor and opportunities for
			 interaction;
(3) have adequate
			 light, heat, cooling, ventilation, and public address equipment;
(4) be free of distractions that disrupt
			 class sessions; and
(5) be
			 accessible to persons with disabilities as required by the Americans with
			 Disabilities Act.
Author:
Patricia Anderson
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-6,
				  34-27-8,
				  41-22-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.20 - Petition For Adoption, Amendment, Or Repeal Of Rule

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person desiring to propose that the
			 Alabama Real Estate Commission adopt, amend, or repeal any rule may petition
			 for such a rule change on a form made available upon request by the
			 Commission.
(2) The Commission
			 shall consider any petition submitted under this Rule and shall, within sixty
			 (60) days after receipt of petition, either deny the petition on its merits in
			 writing, stating the reason for denial, or shall initiate rule-making
			 procedures on the proposed action in accordance with the Alabama Administrative
			 Procedure Act.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8,
				  41-22-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.21 - Distance Education Courses

Current through Register Vol. 42, No. 9, June 28, 2024
Distance education courses are programs whereby instruction
				does not take place in a traditional classroom setting but rather where teacher
				and student are apart, and instruction takes place through other media.
				Distance education courses include but are not limited to those which are
				presented through interactive classrooms, virtual courses, interactive computer
				and the Internet. Distance education courses may be offered by approved
				instructors of primary or secondary providers
(1) A primary provider is defined as a course
			 developer who has a proprietary interest in the course. Primary providers may
			 have their own instructors deliver courses and/or may market the courses to
			 secondary providers. If a primary provider offers distance education courses
			 directly to Alabama licensees, the provider shall be a school licensed or
			 approved by the Commission.
(2) A
			 secondary provider is defined as a school which obtains a distance education
			 course from a primary provider. The secondary provider shall have approved
			 instructors who are responsible for enrolling students, providing course
			 orientation, monitoring student progress, answering student questions,
			 administering and grading exams, verifying and reporting course completion and
			 verifying student identity. Any school providing any of these services, other
			 than administering a final exam, shall be deemed to be a secondary provider.
			 The secondary provider shall be a school licensed or approved by the
			 Commission.
(3) Instructors of
			 distance education courses shall be approved by the Commission. Instructors
			 shall not receive approval until they receive the Distance Education Instructor
			 Certification from IDECC (International Distance Education Certification
			 Center), which is a subsidiary of ARELLO (Association of Real Estate License
			 Law Officials) and submit verification of the certification to the Commission.
			 The Distance Education Instructor Certification shall be renewed and kept
			 current in order for the instructor to continue offering distance education
			 courses.
(4) All distance education
			 prelicense and post license courses of primary providers shall be certified by
			 ARELLO or IDECC before being submitted to the Commission for approval and shall
			 retain certification in order to retain Commission approval.
(a) Synchronous continuing education courses
			 shall be certified by ARELLO or IDECC prior to being reviewed for approval by
			 the Commission.
(b) Asynchronous
			 continuing education and all prelicense and post license courses shall be
			 certified by ARELLO or IDECC prior to being reviewed for approval by the
			 Commission.
(c) College credit
			 courses offered through distance education at approved colleges and
			 universities shall be exempt from ARELLO or IDECC, and Commission
			 certification.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.22 - Prohibition Against Contract Lobbyist

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission shall not contract with a lobbyist, person,
				corporation, partnership, or association for the purpose of promoting or
				opposing the introduction or enactment of legislation before the Legislature,
				or a legislative committee or the members thereof, or promoting or opposing
				executive approval of legislation. This rule does not prohibit a Commissioner
				or a Commission employee from advocating positions of the Commission to
				government bodies or officials of any branch.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-8.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-1 - GENERAL PROVISIONS › Section 790-X-1-.23 - Misuse Of Agency Name, Initials, Logo, Or Seal

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Prohibited Acts. No person may, except with the written permission of the
			 Commission, use the seal of the Commission, the logo of the Commission, or any
			 colorable imitation of such words, seal, or logo in connection with any
			 merchandise, impersonation, solicitation, commercial activity, or trade
			 association activity in a manner that conveys the impression that such is
			 approved, endorsed, or authorized by the Commission.
(2) Injunction. Whenever it appears that any
			 person is engaging or is about to engage in an act or practice which
			 constitutes or will constitute conduct prohibited by paragraph (1) of this
			 rule, the Executive Director, may initiate a civil proceeding to enjoin such
			 act or practice.
Author:
Alabama Real Estate Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-27-7, 34-27-8, 34-27-36.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.01 - Documentation Required For License Issuance

Current through Register Vol. 42, No. 9, June 28, 2024
The following items shall be required for documentation of
				licensing requirements:
(1) All
			 applicants shall be at least 19 years of age as evidenced by a copy of a valid
			 driver's license, U. S. passport
,
birth certificate or any other
			 documentation acceptable to the Alabama Real Estate Commission.
(2) All applicants for a temporary
			 salesperson, original salesperson, or broker's license shall certify on the
			 appropriate application form that he or she is either a citizen of the United
			 States, or is a permanent resident alien, or is legally present in the United
			 States. Additionally, every applicant shall provide documentation of their
			 status. This documentation shall be in the form of a photocopy of any one of
			 the below listed documents, and shall be attached to the application form
			 submitted to the commission office:
(a) Driver
			 license or non-driver identification issued by any state of the United States;
			 or
(b) Birth certificate issued by
			 any state in the United States; or
(c) Permanent Resident Card, commonly known
			 as a "green card"; or
(d) Any visa
			 issued by the United States; or
(e)
			 Any other documentation issued by the United States indicating legal presence
			 in the United States.
Alabama Administrative Code › Title 790 - ALABAMA REAL ESTATE COMMISSION › Chapter 790-X-2 - LICENSURE › Section 790-X-2-.02 - Applications For Examination And Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Should any
			 applicant for a real estate broker's or salesperson's license falsely answer
			 any questions on his/her examination application, request for determination of
			 licensing eligibility, or license application or misrepresent any facts
			 relating to those applications, said application may be rejected by the
			 Commission investigations staff and returned to the applicant. Any applicant
			 whose application is not deemed acceptable may request a hearing before the
			 Commission relative to such rejection within 30 days of the Applicant's receipt
			 of the notice of rejection.
(2) In
			 determining if an applicant is qualified and fit to hold a real estate license
			 under
Code of Ala. 1975
, §
								34-27-32(j), the
			 following shall apply:
(a) The application or
			 request for determination of licensing eligibility of any person whose criminal
			 history establishes that the applicant has not been convicted of a felony or a
			 crime of moral turpitude shall be approved by the Commission's investigation
			 staff without the necessity of a hearing before the Commission.
(b) The application or request for
			 determination of licensing eligibility of any person whose criminal history
			 establishes that the applicant is actively on probation or parole or owes
			 monies for restitution, court costs, or fees pertaining to a conviction of
			 felony or a crime of moral turpitude may be rejected by the Commission's
			 investigation staff. Any applicant whose application is rejected may request a
			 hearing before the Commission relative to the rejection within 30 days of the
			 applicant's receipt of the notice of rejection.
(c) The application or request for
			 determination of licensing eligibility of a person whose criminal history
			 establishes that the applicant has been convicted of a felony or a crime of
			 moral turpitude and the applicant is no longer on probation or parole and no
			 longer owes any monies for restitution, court costs, or fees will be set for a
			 determination of eligibility hearing before the Commission.