reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 4 - Certificates and Licenses › Section 20 CSR 2245-4.040 - Individual License; Business Name; Pocket Card

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule assures that the commission may
				  fulfill its regulatory authority over licensees. In order to fulfill its
				  authority, it must be in a position to communicate with and identify all
				  licensees. The license pocket card is a consumer protection measure where the
				  licensee may offer proof of his/her professional status.
(1) A licensee shall not conduct his/her
				business under any other name or at any other address than the one for which
				his/her individual certificate or license is issued unless s/he first complies
				with
				20 CSR
				2245-4.030. If a licensee changes his/her name or
				business address, s/he shall notify the commission in writing within thirty
				(30) days after the change becomes effective.
(2) In addition to the individual certificate
				or license to be issued to each licensee, the commission shall furnish a pocket
				card to each individual licensee, which shall certify that the person whose
				name appears on the pocket card is a state-certified general real estate
				appraiser, a state-certified residential real estate appraiser or a
				state-licensed real estate appraiser as the case may be.
(3) Each licensee shall carry his/her pocket
				card upon his/her person at all times when conducting any real estate
				appraisal-related activity and shall exhibit it upon demand.
*Original authority: 339.509, RSMo 1990, amended 1998 and
					 339.529, RSMo 1990, amended 1998.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 4 - Certificates and Licenses › Section 20 CSR 2245-4.050 - Nonresident Certification or Licensure; Reciprocity

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies and qualifies who may
				  obtain a nonresident certificate or license and the condition for
				  renewal.
(1) A nonresident
				person seeking a certificate or license to engage in the real estate appraisal
				business in Missouri first shall apply for an appropriate certificate or
				license on a form provided by the commission and shall sign the application
				before a notary public and submit the same with the required fee to the
				commission.
(2) The commission may
				issue a certificate or license to an individual who is certified or licensed in
				a state, provided the commission is furnished verification that the appraiser
				is in good standing, the state the appraiser is coming from is in compliance
				with the Appraisal Subcommittee (ASC), and the cre-dentialing requirements of
				that state (as they currently exist) meet or exceed those of the reciprocal
				credential state (as they currently exist).
(3) After certification or licensure, a
				nonresident licensee shall be subject to and shall comply with all provisions
				of the license law and these regulations.
*Original authority: 339.509, RSMo 1990, amended 1998,
					 2012; 339.521, RSMo 1990, amended 2007; and 339.523, RSMo 1990, amended
					 1998.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 4 - Certificates and Licenses › Section 20 CSR 2245-4.060 - Temporary Nonresident Certificate or License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the administrative
				  procedures, terms and conditions under which a nonresident applicant may obtain
				  a temporary real estate appraiser certification or licensure.
(1) A nonresident applicant, who is certified
				or licensed and in good standing under the laws of another state, may obtain a
				Missouri temporary appraiser certification or license for a maximum of six (6)
				months for the purpose of completing a particular appraisal assignment. To
				obtain a temporary certification or license, the applicant shall make
				application on a form prescribed by the commission requesting the specific term
				of the certificate up to six (6) months, setting forth the particular
				assignment for which the temporary certificate or license is requested, and
				paying the prescribed fees as outlined in
				20 CSR
				2245-5.020. The commission may grant an extension for
				an additional three (3) months, at no charge, if made in writing and for just
				cause.
(2) The commission may
				refuse to issue a certificate or license for one (1) or any combination of
				causes set forth in section
				339.532,
				RSMo. The scope of the temporary appraiser certification or license shall be
				limited to the particular appraisal assignment described in the
				application.
*Original authority: 339.503, RSMo 1990, amended 1998;
					 339.509, RSMo 1990, amended 1998; and 339.521, RSMo
					 1990.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 5 - Fees › Section 20 CSR 2245-5.010 - Payment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes that fees are to be
				  paid by cashier's check, money order or personal check and sets a penalty for
				  unpaid checks. The term of certificates and licenses and the no refund policies
				  are established.
(1) All fees
				shall be payable to the Missouri Real Estate Appraisers Commission and
				delivered to the commission.
(2)
				All certificates and licenses will expire on June 30 of even-numbered years.
				The commission may prorate continuing education and fees in order to put all
				licensees on a biennial renewal. Initial certificates and licenses may
				bprorated on a quarterly basis. The prorated fee shall not be less than one
				hundred dollars ($100). That proration shall not apply to expired certificates
				and license renewal. All renewal applications and fees shall be delivered to
				the commission office or be postmarked prior to June 30 of even-numbered
				years.
(3) No certificate or
				license fee, or portion of the fee, will be refunded should any certificate or
				license be surrendered, suspended or revoked during the term for which the
				certificate or license is issued.
(4) To renew a current, valid real estate
				appraiser certificate or license the licensee shall file an application on a
				form approved by the commission and pay the prescribed renewal fee to the
				commission not earlier than one hundred twenty (120) days prior to the
				expiration date of the certificate or license. Each application for renewal
				shall be accompanied by evidence in the form prescribed by the commission of
				having completed the continuing education requirements for renewal specified in
				this rule.
*Original authority: 339.509, RSMo 1990, amended 1998 and
					 339.513, RSMo 1990 amended 1990, 1998.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 6 - Educational Requirements › Section 20 CSR 2245-6.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 339.509, 1990, amended 1998 and
					 339.517, RSMo 1990, amended 1990, 1993,
					 1998.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 6 - Educational Requirements › Section 20 CSR 2245-6.015

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 339.509, RSMo 1990, amended 1998 and
					 339.517, RSMo 1990, amended 1990, 1993, 1998,
					 2003.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 6 - Educational Requirements › Section 20 CSR 2245-6.016

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 339.509, RSMo 1990, amended 1998,
					 2012; 339.511 , RSMo 1990, amended 1998, 2012; 339.515, RSMo 1990, amended
					 1998, 2005, 2012; and 339.544, RSMo
					 1998.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 6 - Educational Requirements › Section 20 CSR 2245-6.017 - AQB 2018 Licensure Criteria

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies education
				  requirements.
(1) Trainees who
				hold a valid trainee license on the effective date of this rule may:
(A) Notify the commission in writing that
				they wish to continue under the regulations in effect at the time the trainee
				license was originally issued; or
(B) Reapply as a trainee under the 2018
				criteria as outlined below.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 6 - Educational Requirements › Section 20 CSR 2245-6.040

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 339.509, RSMo 1990, amended 1998,
					 2012.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 7 - Prelicense Course Approval › Section 20 CSR 2245-7.010 - Standards for Prelicense Course Approval

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule regulates the standards for
				  approval of a prelicense real estate appraisal course including the subjects,
				  curriculum and the minimal requirements of instructors.
(1) Providers of prelicense real estate
				appraisal courses, shall obtain approval of each course from the commission,
				that will be granted upon proof of compliance with the following requirements:
(A) The prelicense courses of study offered
				by the course provider shall include the subjects set forth in the three
				hundred (300) classroom hours for state-certified general real estate
				appraisers, the two hundred (200) classroom hours for state-certified
				residential real estate appraisers, the one hundred fifty (150) classroom hours
				for state-licensed real estate appraisers, or any combination of;
(B) Each area of study shall be conducted and
				supervised by an instructor who shall be present in the classroom at all times.
				Each instructor shall be qualified by specialized preparation, training and
				experience to ensure competent instruction. The qualifications of each
				instructor shall be approved by the commission prior to participation in a
				course of study. As a minimum requirement, each instructor shall-
1. Be a certified or licensed Missouri real
				estate appraiser with at least two (2) years of real estate appraisal
				experience acquired within a period of five (5) years immediately preceding the
				filing for approval. The commission may waive the certification or licensure
				requirements for good cause; and
2.
				Have verifiable practical experience in an area of study to be taught which, in
				the opinion and discretion of the commission, is substantially equivalent to
				the foregoing requirements. The commission may request documentation be
				provided to them; and
(C) All audio or visual teaching aids
				employed by a course provider shall be used under the personal supervision of
				the instructor approved to conduct the prelicense course and may not exceed
				twenty percent (20%) of the total prelicense course presentation. Guest
				speakers may not be used for more than ten percent (10%) of a prelicense course
				presentation and they do not have to possess instructor credentials.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 7 - Prelicense Course Approval › Section 20 CSR 2245-7.020 - Application for prelicense Course Approval

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states the documents necessary for
				  prelicense course approval. It includes requiring supportive documentation of
				  the educational qualifications of instructors.
(1) Until July 1, 2007, any person or entity
				seeking initial approval from the commission for a real estate appraisal course
				of study for certification or licensure examination in Missouri shall submit
				the following:
(A) Completed application on a
				form provided by the commission and accompanied by supporting documents
				specified in the application;
(B) A
				complete curriculum showing all courses offered and the times allocated to each
				course;
(C) Application for
				approval of each instructor on a form provided by the commission and
				accompanied by a resume' showing the qualifications of the applicant;
				and
(D) A copy of the course
				provider's final examination and the correct answers. No course provider may
				provide a certificate of completion to a student who has not satisfactorily
				completed an appropriate in-class final examination.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 7 - Prelicense Course Approval › Section 20 CSR 2245-7.030 - Prelicense Correspondence Courses

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 30, 2007)
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 7 - Prelicense Course Approval › Section 20 CSR 2245-7.040 - Approval and Renewal for Prelicense Courses

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 30, 2007)
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 7 - Prelicense Course Approval › Section 20 CSR 2245-7.060 - Investigation and Review

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The amendment removes language regarding the
				  approval of instructors or courses.
(1) The commission may investigate approved
				or proposed course offerings by conferring with a representative(s) of the
				Appraisal Qualifications Board (AQB) Course Approval Program or by the
				representative of an alternate method established by the AQB, the course
				providers or instructors, visitation with or without prior notice, or by
				surveys to participants, instructors or course providers.
(2) If the commission determines that a
				course provider, instructor, or course is in violation of any of these rules or
				otherwise fails to maintain reasonable standards, notice in writing specifying
				the defect will be transmitted promptly to the course provider, the instructor,
				or both. Failure of the provider, the instructor, or both to correct the
				defects within thirty (30) days shall void the commission's prior
				approval.
*Original authority: 339.509, RSMo 1990, amended 1998 and
					 339.517, RSMo 1990, amended 1990, 1993, 1998,
					 2003.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 8 - Continuing Education › Section 20 CSR 2245-8.010 - Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the version of the
				  Uniform Standards of Professional Appraisal Practice (USPAP) that real estate
				  appraisers are required to adhere to pursuant to section
				  339.535,
				  RSMo.
(1) Each licensee who
				holds a certificate or license shall complete, during the two (2)-year license
				period prior to renewal, as a condition precedent to certification or license
				renewal, the required number of hours of real estate appraisal instruction
				approved for continuing education credit by the Missouri Real Estate Appraisers
				Commission as specified in section (2) of this rule. Licensees shall maintain
				their evidence of course participation or course completion certificates for
				the period set for appraisal file retention. Such evidence shall be submitted
				upon request by the commission.
(2)
				Licensees are required to complete twenty-eight (28) hours of continuing
				education during the two- (2-) year renewal cycle. The commission may require
				specific courses of continuing education. A licensee shall provide verification
				of completion of continuing education by affidavit at the time of renewal. The
				affidavit shall contain a truthful statement of approved courses by the
				commission of continuing education taken by the licensee.
(3) Individual licensees may receive
				continuing education credit for courses taken in Missouri or another state with
				which Missouri has a reciprocal agreement which have not been submitted
				previously by the course provider for approval; provided course content,
				instructor qualifications, and course administration are acceptable to the
				commission. Applications for nonpreapproved course credit must be received by
				the commission on or before December 31 in the year preceding license
				expiration and must be on a form prescribed by the commission.
(4) The following offerings will not be
				considered by the commission to meet Missouri continuing education requirements
				even though the offerings may be approved by states with which Missouri enters
				into continuing education reciprocity:
(A)
				Training or education not directly related to real estate appraisal or real
				estate appraisal practice;
(B)
				Training or education in office and business skills, such as typing,
				speedreading, memory improvement, report writing, personal motivation,
				salesmanship, sales psychology, and time management;
(C) Sales promotions or other meetings held
				in conjunction with general real estate brokerage activity;
(D) Meetings which are a normal part of
				in-house training;
(E) That portion
				of any offering devoted to meals or refreshments;
(F) Sales or brokerage prelicensure
				education; and
(G) Any course or
				program that is less than two (2) hours in duration.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 8 - Continuing Education › Section 20 CSR 2245-8.020 - Course Approval

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The amendment removes language regarding the
				  schedule of courses.
(1) No
				course or program for continuing education credit shall be announced or
				advertised until it is approved by the commission for credit.
(2) All applications for course approval
				shall be submitted by the course provider at least ninety (90) days prior to
				the date the course is expected to be offered. Applications shall be submitted
				on a form prescribed by the Missouri Real Estate Appraisers Commission and
				shall be accompanied by the required fee for course approval. The commission
				will respond in writing to all requests for course approval within sixty (60)
				days of receipt of a properly completed application. The commission will either
				assign a course number or other identification to a course when it is approved
				or will notify the course provider of the grounds for the course not being
				approved, as provided in section (4) of this rule.
(3) Course approval will be for the duration
				of the certificate or license period for which approval is sought.
(4) If the commission determines that a
				proposed course does not meet prescribed standards or if the proposed course
				does not adequately reflect and present current real estate appraisal knowledge
				toward the goal of public protection and service, notice in writing specifying
				the deficiencies will be provided to the course provider.
(5) Instructors shall teach all courses in
				close adherence to the outline on file with the commission. In the event a
				substantive change is proposed, the course provider shall file a revised course
				outline at least thirty (30) days in advance of the scheduled course offering.
				Approval in writing from the commission shall be received prior to
				implementation of any substantive course change.
*Original authority: 339.509, RSMo 1990, amended 1998 and
					 339.530, RSMo 1990, amended 1998.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 8 - Continuing Education › Section 20 CSR 2245-8.030 - Instructor Approval

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being amended to reflect the
				  2024 edition of the Uniform Standards of Professional Appraisal Practice and to
				  update the name of a course.
(1) All continuing education course offerings
				shall be conducted by an approved instructor.
(2) A course provider of a continuing
				education course shall submit an application for approval of each instructor on
				a form prescribed by the commission at least ninety (90) days prior to the date
				the course is scheduled to be offered.
(3) The commission will notify the course
				provider within sixty (60) days that the instructor has been approved or the
				grounds upon which approval is being denied.
(4) All instructors of the national Uniform
				Standards of Professional Appraisal Practice (USPAP) course, the 7-hour
				National USPAP Update Course, or their equivalents shall be approved through
				the instructor certification program of the Appraisal Qualifications Board
				(AQB) or by an alternate method established by the AQB. The USPAP, 2024
				Edition, is incorporated by reference and can be obtained from The Appraisal
				Foundation, 1155 15th Street NW, Suite 1111, Washington, DC 20005, by calling
				(202) 3477722, or at
www.appraisalfoundation.org
.
				This rule does not incorporate any subsequent amendments or additions to the
				USPAP. At least one (1) instructor of the national USPAP course and the 7-hour
				National USPAP Update Course shall be a state-certified appraiser and shall be
				approved through the AQB instructor certification program.
*Original authority: 339.509, RSMo 1990, amended 1998 and
					 339.530, RSMo 1990, amended 1998.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 8 - Continuing Education › Section 20 CSR 2245-8.040 - Records

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the criteria for
				  maintaining continuing education course records.
(1) Licensees shall maintain evidence of
				course participation or course completion certificates for the period set for
				appraisal file retention. Such evidence or certificate shall be submitted upon
				request by the commission.
(2) The
				course provider shall within thirty (30) days of the end date of any continuing
				education course provide to each individual licensee who has satisfactorily
				completed the course a certificate of course completion in duplicate in a form
				prescribed by the commission.
*Original authority: 339.509, RSMo 1990, amended 1998 and
					 339.530, RSMo 1990, amended 1998.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 8 - Continuing Education › Section 20 CSR 2245-8.050 - Investigation and Review

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes language regarding
				  approval of instructors or courses.
(1) The commission may investigate approved
				or proposed course offerings by conferring with course providers or
				instructors, visitation with or without prior notice, or by surveys to
				participants, instructors or course providers.
(2) If the commission determines that a
				course provider's instructor or course is in violation of any of these rules or
				otherwise fails to maintain reasonable standards, notice in writing specifying
				the defect will be transmitted promptly to the course provider, the instructor,
				or both. Failure of the course provider, the instructor, or both to correct the
				defects within thirty (30) days shall void the commission's prior
				approval.
*Original authority: 339.509, RSMo 1990, amended 1998 and
					 339.530, RSMo 1990, amended 1998.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 9 - Competency and Scope of Practice Standards › Section 20 CSR 2245-9.010 - Competency and Scope of Practice Standards

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets the scope of practice
				  standards for the development and communication of real estate appraisals by
				  state-certified general real estate appraisers, state-certified residential
				  real estate appraisers, and state-licensed real estate
				  appraisers.
(1) Prior to
				accepting an assignment or entering into an agreement to perform any
				assignment, an appraiser shall properly identify the problem to be addressed
				and have the knowledge and experience to complete the assignment competently;
				or alternatively, must:
(A) Disclose the lack
				of knowledge and/or experience to the client before accepting the
				assignment;
(B) Take all steps
				necessary or appropriate to complete the assignment competently; and
(C) Describe the lack of knowledge and/or
				experience and the steps taken to complete the assignment competently in the
				report.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 10 - Appraisal Management Company › Section 20 CSR 2245-10.010 - Appraisal Management Company Application Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes the more than ten
				  percent (10%) ownership requirement.
(1) To apply for a license, an appraisal
				management company (AMC) shall submit a nonrefundable initial application fee
				as established by rule in
				20 CSR
				2245-5.020(2) along with the written
				application on a form provided by the commission which shall include, but is
				not limited to, the following information:
(A) Name of entity seeking
				registration;
(B) Business address
				of entity seeking registration, which shall be located and maintained in this
				state;
(C) Phone contact
				information of the entity seeking registration;
(D) The name and contact information for the
				company's agent for service of process in this state;
(E) The name, address, and contact
				information for any individual or any corporation, partnership, or other
				business entity that owns more than ten percent (10%) of the appraisal
				management company;
(F) The name,
				address, and contact information for a designated controlling person to be the
				primary communication source for the commission;
(G) Proof of submission of fingerprints to
				the Missouri State Highway Patrol's approved vendor for both a Missouri State
				Highway Patrol and Federal Bureau of Investigation background check for the
				controlling person and each person who owns more than ten percent (10%) of an
				appraisal management company as listed on the application;
(H) A surety bond in the amount of twenty
				thousand dollars ($20,000); and
(I)
				Verification from each state, United States territory, province, or country
				regulatory entity in which a license, certificate, registration, or permit as
				an appraisal management company is held or has ever been held, submitted
				directly to the commission.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2245 - Real Estate Appraisers › Chapter 10 - Appraisal Management Company › Section 20 CSR 2245-10.030 - Renewal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment requires appraisal management
				  companies to have a process to verify active licensure.
(1) Every license issued shall expire on June
				30 of every even numbered year after the date of issuance. The commission shall
				mail to each registrant, at least sixty (60) days prior to the expiration date
				of each renewal year, a notice of the expiration and application for renewal of
				the license to the address on file with the commission. The commission may
				issue a new registration for each renewal period upon receipt of a properly
				completed renewal application, nonrefundable fee as established by rule in
				20 CSR
				2245-5.020(2), and satisfactory proof
				that the appraisal management company (AMC) meets all requirements for
				licensure renewal postmarked before midnight on June 30 of each year of
				expiration. Delinquent renewals shall be accompanied by a nonrefundable
				delinquent fee as established by rule in
				20 CSR
				2245-5.020(2).
(2) At the time of renewal the AMC shall
				certify to the commission on the renewal form that-
(A) The AMC has a system and process in place
				to verify that an individual being added to the appraiser panel holds an active
				license in good standing in this state;
(B) The AMC has a system in place to verify
				that an individual whom the AMC is making an assignment for the completion of
				an appraisal has not had a license or certificate refused, denied, cancelled,
				revoked, or surrendered in lieu of pending revocation and not subsequently
				granted or reinstated;
(C) The AMC
				has a system in place to perform an appraisal review on a periodic basis of the
				work of all appraisers who are performing appraisals for the AMC to validate
				the appraisals are being conducted in compliance with the Uniform Standards of
				Professional Appraisal Practice; and
(D) The AMC maintains a detailed record of
				each service request for appraisal services within the state of Missouri that
				it receives from each appraiser who performs an appraisal for the AMC in
				Missouri.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2250 - Missouri Real Estate Commission › Chapter 1 - Organization and Description of Commission › Section 20 CSR 2250-1.010 - General Organization

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule complies with section
				  536.023(3),
				   RSMo which requires each agency to adopt as
				  a rule a description of its operation and the methods and procedures where the
				  public may obtain information or make submissions or requests.
(1) The Missouri Real Estate Commission, an
				agency of the Division of Professional Registration of the Department of
				Insurance, Financial Institutions and Professional Registration created by
				Chapter 339, RSMo is responsible for the examination, licensing and regulation
				of persons and firms who engage in real estate business in this state as a
				vocation.
(2) The commission
				consists of seven (7) members who, except one (1) voting public member, must
				have had at least ten (10) years experience as a real estate broker. The
				members are appointed by the governor with the advice and consent of the
				senate. Each member is appointed to a term of five (5) years. One (1) of the
				members acts as chairman and one (1) of the members acts as vice
				chairman.
(3) The commission may do
				all things necessary to carry into effect the provisions of Chapter 339, RSMo
				and may promulgate from time-to-time necessary rules compatible with the
				provisions of that chapter.
(4) The
				commission shall hold regular meetings to review applications, complaints,
				investigations and audits as well as transact any necessary business as may
				properly come before it.
(5)
				Requests for general information, applications, complaint forms or copies of
				statutes and rules may be directed to the Missouri Real Estate Commission, 3605
				Missouri Boulevard, PO Box 1339, Jefferson City, MO 65102, telephone (573)
				751-2628, FA X number (573) 751-2777.
*Original authority: 339.120, RSMo 1941, amended 1963,
					 1967, 1981, 1988, 1993, 1995, 1999,
					 2004.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2250 - Missouri Real Estate Commission › Chapter 2 - General Rules › Section 20 CSR 2250-2.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines the terminology used in
				  the rules of the Missouri Real Estate Commission.
(1) Words defined in section
				339.010,
				RSMo shall have the same meaning when used in these rules.
(2) The following words shall be defined as
				stated:
(A) Commission shall mean the Missouri
				Real Estate Commission;
(B) License
				law shall mean Chapter 339, RSMo;
(C) Association shall mean an unincorporated
				body of persons united and acting together for the prosecution of some common
				enterprise, but not a partnership; and
(D) Residential property shall mean all real
				property improved by a structure which is used or intended to be used primarily
				for residential living by human occupants and which contains not more than four
				(4) dwelling units or which contains single dwelling units owned as a
				condominium or in a cooperative housing association, and vacant land classified
				as residential property. The term cooperative housing association means an
				association, whether incorporated or unincorporated, organized for the purpose
				of owning and operating residential real property in Missouri, the shareholders
				or members of which, by reason of their ownership of a stock or membership
				certificate, a proprietary lease or other evidence of membership, are entitled
				to occupy a dwelling unit pursuant to the terms of a proprietary lease or
				occupancy agreement.
(E) Commercial
				real estate shall mean any real estate other than real estate containing one to
				four (1-4) residential units, real estate on which no buildings or structures
				are located, or real estate classified as agricultural and horticultural
				property for assessment purposes as provided by section
				137.016,
				RSMo. Commercial real estate does not include single family residential units
				including, condominiums, townhouses or homes in a subdivision when that real
				estate is sold, leased or otherwise conveyed on a unit-by-unit basis even
				though the units may be part of a larger building or parcel of real estate
				containing more than four (4) residential units.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2250 - Missouri Real Estate Commission › Chapter 2 - General Rules › Section 20 CSR 2250-2.020 - Commission Action

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes how the commission may
				  take action. It further restricts the staff from engaging in the real estate
				  industry while in the commission's employment.
(1) Any act to be taken by the commission,
				pursuant to the license law or these rules, may be performed by such number of
				the commission's members or by the officers, employees, agents or
				representatives of the commission as is permitted by law and authorized by a
				majority of the commission's membership. The commission may take any authorized
				action by a mail ballot or by a conference telephone call and the action so
				taken shall be recorded in the minutes of the commission.
(2) Neither the director nor any other
				employee or agent of the commission, during the period of employment by the
				commission, shall engage in any act for which a license is required under the
				provisions of the license law or receive or become entitled to receive any fee
				or compensation of any kind, in any capacity whatsoever, either directly or
				indirectly, in connection with any real estate transaction. Nothing in this
				rule shall prohibit the executive director nor any employee or agent of the
				commission from being issued a license by the commission, so long as the
				license is held on an inactive status during the period of the holder's
				employment.
*Original authority: 339.120, RSMo 1941, amended 1963,
					 1967, 1981, 1988, 1993.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2250 - Missouri Real Estate Commission › Chapter 2 - General Rules › Section 20 CSR 2250-2.030 - Records

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes which records are
				  public documents and those which are confidential. The impropriety of
				  commissioners discussing, with the licensee, matters pending before the
				  Administrative Hearing Commission is affirmed.
(1) All records kept in the office of the
				commission, under the authority of the license law shall be open to public
				inspection under such regulations as the commission may prescribe, provided
				that records compiled in connection with the investigation of a complaint
				against a licensee which could result in discipline of the license or compiled
				for the purpose of processing applications for licensure, are deemed to be
				confidential and therefore not subject to inspection by the public.
(2) It shall be improper for a real estate
				commissioner to discuss with a licensee or any other person, except members of
				the commission's staff or counsel, any matter which is confidential, including
				one of a disciplinary nature which is pending before the Missouri Real Estate
				Commission or the Administrative Hearing Commission.
*Original authority: 339.120, RSMo 1941, amended 1963,
					 1967, 1981, 1988, 1993.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2250 - Missouri Real Estate Commission › Chapter 2 - General Rules › Section 20 CSR 2250-2.040 - Compensation Disputes and Compensation Paid to Unlicensed Business Entity

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment enacts legislative changes
				  effective August 28, 2021 that permits brokers to pay real estate compensation
				  to unlicensed business entities registered with the Missouri Secretary of
				  State.
PURPOSE: This rule defines the commissioner's
				  limitations with regard to civil problems of licensees and establishes
				  guidelines for brokers paying compensation to unlicensed business entities
				  owned by broker-salespersons or salespersons that were formed for the purpose
				  of receiving compensation earned by such licensee.
(1) Disputes Concerning Matters of
				Compensation.
(A) The commission will not
				enter into disputes between licensees concerning matters of commissions. The
				license law and these rules are designed to regulate the business conduct of
				licensees in the interest of the public and to discipline licensees when
				warranted. The commission has no authority to award money damages but, as a
				condition of probation, may order restitution be made to injured
				parties.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2250 - Missouri Real Estate Commission › Chapter 3 - Applications for License; License Examinations › Section 20 CSR 2250-3.010 - Applications for License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the current
				  licensing procedures during a renewal for new salesperson and broker
				  applicants.
(1) Licenses
				shall be granted only to persons who present, and corporations, associations or
				partnerships whose officers, associates or partners present, satisfactory proof
				to the commission that they are persons of good moral character; bear a good
				reputation for honesty, integrity, and fair dealing; and are competent to
				transact the business of a broker or salesperson in such a manner as to
				safeguard the interest of the public.
(2) All applications for license shall be
				made on forms approved by the commission and completed and signed by the
				applicant. The commission may deny issuance of a license to any applicant
				submitting an incomplete application or an application containing any false or
				misleading information or to any applicant failing to submit the correct fees
				with an application.
(3) All
				individuals applying for an original Missouri real estate license after
				December 31, 2010, must provide acceptable proof of having submitted
				fingerprints to the Missouri State Highway Patrol's approved vendor for both a
				Missouri State Highway Patrol and a Federal Bureau of Investigation fingerprint
				background check. Any fees due to fingerprint background checks shall be paid
				by the applicant directly to the Missouri State Highway Patrol or its approved
				vendor. Individuals who hold a current Missouri real estate license and have
				previously satisfied this requirement with a previous Missouri real estate
				license application will be considered to have met this requirement.
(4) Salesperson.
(A) Every application for original
				salesperson license shall be accompanied by proof acceptable to the commission
				that the applicant has met all applicable requirements of sections
				339.010
				through
				339.190,
				RSMo, and these rules, including but not limited to:
1. Proof of successful completion of an
				approved forty-eight (48)-hour course of study known as "Salesperson
				Pre-Examination Course" prior to the date of examination and no more than six
				(6) months prior to the receipt date as affixed by the United States Postal
				Service or recognized common carrier, or the date the application is
				hand-delivered to the Missouri Real Estate Commission during regular business
				hours;
2. Proof of satisfactory
				completion of both national and state portions of the required examination
				after the successful completion of the course identified as "Salesperson
				Pre-Examination Course"; and
3.
				Proof of successful completion of an approved twenty-four (24)-hour course
				known as "Missouri Real Estate Practice Course" completed after successful
				completion of the "Salesperson Pre-Examination Course."
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2250 - Missouri Real Estate Commission › Chapter 3 - Applications for License; License Examinations › Section 20 CSR 2250-3.020 - License Examinations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes how and by whom the
				  examination shall be given. The requirements, fees and prohibitions are
				  included in this rule.
(1)
				The form, content, method of administration, passing standards and schedule of
				written license examinations shall be determined by the commission and the date
				and place of examinations shall be announced as far in advance as is
				practicable. In conducting examinations, the commission may utilize
				professional testing services.
(2)
				Fees payable by applicants for broker and salesperson license examinations
				shall be established by agreement with the commission and testing service
				administering the examination. Fees shall be paid as directed by the
				commission.
(3) No applicant shall
				be permitted to take any memoranda, pamphlet, book or paper into an examination
				room and otherwise shall be subject to the rules imposed by the administrator
				of the examination. If any applicant violates any rules imposed by the
				administrator while taking an examination such act shall be reason to deny
				issuance of a license to the applicant(s) involved.
*Original authority: 339.090, RSMo 1941, amended 1978, 2001
					 and 339.120, RSMo 1941, amended 1963, 1967, 1981, 1988, 1993, 1999,
					 2004.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2250 - Missouri Real Estate Commission › Chapter 4 - Licenses › Section 20 CSR 2250-4.010 - Form and Contents

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule declares the form and identifying
				  information on the license.
(1) The commission shall issue to each
				licensee a license in such form as shall be prescribed by the
				commission.
*Original authority: 339.120, RSMo 1941, amended 1963,
					 1967, 1981, 1988, 1993.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2250 - Missouri Real Estate Commission › Chapter 4 - Licenses › Section 20 CSR 2250-4.030 - Fictitious Name

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule enforces compliance with other
				  statutes.
(1) Any broker
				doing business under any name other than the broker's legal name or any entity
				doing business under any name other than the name registered with the secretary
				of state, shall first comply with the provisions of sections 417.200-417.230,
				RSMo on the registration of fictitious names and shall furnish the commission a
				copy of the registration within ten (10) days of receipt of the official
				registration from the secretary of state.
*Original authority: 339.120, RSMo 1941, amended 1963,
					 1967, 1981, 1988, 1993.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2250 - Missouri Real Estate Commission › Chapter 4 - Licenses › Section 20 CSR 2250-4.040 - Individual License; Business Name; Inactive Brokers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule assures that the commission may
				  fulfill its regulatory authority over licensees. In order to fulfill its
				  authority, it must be in a position to communicate with and identify all
				  licensees. The license pocket card is a consumer protection measure, where the
				  licensee may offer proof of his/her professional status.
(1) A broker shall not conduct business under
				any other name or at any other address than the one for which the broker's
				individual license is issued unless the broker first complies with
				20 CSR
				2250-4.030. If a broker changes his/her name, home or
				business address, the broker shall notify the commission in writing within ten
				(10) days after the change becomes effective.
(2) When a broker returns his/her license to
				the commission, the broker must first comply with the provisions of
				20 CSR
				2250-8.155. The broker shall have six (6) months in
				which to change status or reinstate the license. If the application to change
				status or reinstate the license is not made within the six (6)-month period,
				the applicant will be required to complete the Missouri Real Estate Practice
				Course and show proof of satisfactory completion of that course within six (6)
				months prior to reinstatement of the license. If the license is not reinstated
				or placed on inactive status within the subsequent renewal period, the licensee
				will be required to requalify as if an original applicant.
(3) A broker may apply for inactive broker
				status. This request shall be on an application approved by the commission and
				shall be accompanied by the required fee. A license shall be issued to the
				broker clearly printed with the word inactive and the inactive broker shall not
				engage in any activity for which a license is required. An inactive broker
				license must be renewed biennially on or before June 30 of each renewal year. A
				licensee holding an inactive license as described in this rule will not be
				required to complete the continuing education requirement for license periods
				during which the license is inactive. A broker license which is inactive may
				not be reactivated until the licensee presents to the commission the proper
				application accompanied by the required fee and a certificate from a school
				accredited by the commission evidencing satisfactory completion, within the
				preceding six (6) months, of the Missouri Real Estate Practice Course required
				by
				20
				CSR 2250-6.060.
*Original authority: 339,120, RSMo 1941, amended 1963,
					 1967, 1981, 1988, 1993, 1995, 1999, 2004,
					 2008.