reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-2.5 - Criminal history background check requirement

Current through July 10, 2024
Authority: IC 25-34.1-3-8; IC 25-34.1-8-10
Affected: IC 25-1-11-19; IC 25-34.1-8-10
Sec. 2.5.
(a) This section establishes requirements for fingerprints and a national criminal history background check for each applicant for initial licensure or certification as a real estate appraiser in Indiana under IC 25-34.1-8 and this article. It does not apply to applicants for licensure or certification who already hold some level of real estate appraiser licensure or certification in Indiana.
(b) The board shall use the results of the national criminal history background check to determine whether licensure or certification should be denied for any reason set forth in IC 25-34.1-8-10(a)(1) or issued on probation as provided for in IC 25-1-11 19.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-2.7 - Incorporation of criteria applicable to all appraiser classifications

Current through July 10, 2024
Sec. 2.7.
(a) This section establishes criteria applicable to all licenses issued by the board.
(b) The board adopts and incorporates by reference the criteria applicable to all appraiser classifications established by the Real Property Appraiser Qualification Criteria, January 2022 edition.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-3.1 - Educational requirements for Indiana licensed trainee appraiser

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 3.1.
(a) This section establishes the educational requirements for the Indiana trainee appraiser license.
(b) The minimum prerequisite to sit for the Indiana trainee appraiser examination is completion of the education criteria stated in subsection (c) and completion of the supervisor/trainee appraiser course as outlined in 876 IAC 3-6-9.
(c) The minimum classroom hours shall be the required core curriculum for trainee appraisers, established by The Real Property Appraiser Qualification Criteria, January 2022 edition.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-4.1 - Educational requirements for Indiana certified residential appraiser

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 4.1.
(a) This section establishes the educational requirements for an Indiana certified residential appraiser.
(b) The minimum prerequisite to sit for the Indiana certified residential appraiser examination is completion of the education criteria, or alternative criteria, and the minimum qualifying education classroom hours of qualifying education for a certified residential real property appraiser established by the Real Property Appraiser Qualification Criteria, January 2022 edition.
(c) The fifteen (15) hours of Uniform Standards of Professional Appraisal Practice course will meet the requirements under subsection (b) if the course was taken prior to January 1, 2004.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-5.1 - Educational requirements for Indiana certified general appraiser

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 5.1.
(a) This section establishes the educational requirements for an Indiana certified general appraiser.
(b) The prerequisite to sit for the Indiana certified general appraiser examination is completion of the education criteria, or alternative criteria, and the minimum qualifying education classroom hours of qualifying education for a certified general real property appraiser established by the Real Property Appraiser Qualification Criteria, January 2022 edition.
(c) The fifteen (15) hours of Uniform Standards of Professional Appraisal Practice course will meet the requirements under subsection (b) if the course was taken before January 1, 2004.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-6 - Credit for courses obtained after June 30, 1990

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 6.
To obtain credit under sections 3.1 through 5.1 of this rule for courses obtained after June 30, 1990, an applicant must have a certificate of course completion, which must:
(1) state the applicant's name;
(2) contain the name of the sponsoring organization;
(3) indicate the course title;
(4) identify the course content;
(5) state the date and location of the course;
(6) certify the course minimum of fifteen (15) classroom hours;
(7) indicate hours completed;
(8) confirm passing grade; and
(9) contain the:
(A) instructor's name;
(B) type of license or faculty position;
(C) license number; and
(D) issuing state.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-7 - Credit for courses completed prior to July 1, 1990

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 7.
(a) To obtain credit for education under sections 3.1 through 5.1 of this rule for courses completed prior to July 1, 1990, verification may comply with section 6 of this rule or may be in the form of a certificate transcript or letter issued by the course provider showing course title, date of successful course completion, and number of classroom hours of applicant.
(b) Notwithstanding subsection (a), the board may consider a sworn notarized affidavit attesting to the successful completion of the educational requirements.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-9 - Experience requirements for three licenses issued by the board

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 9.
(a) This section and sections 10 through 13.2 of this rule establish the experience requirements for the licenses issued by the board except for the Indiana trainee appraiser license, which has no experience requirements.
(b) At least fifty percent (50%) of the appraisals claimed for experience credit must have been performed during the sixty (60) months preceding the filing of the application.
(c) Notwithstanding the five (5) year retention requirement of the Uniform Standards of Professional Appraisal Practice, in order for an appraisal to qualify for experience credit regardless of when the appraisal was done, the applicant must have the appraisal report and file available for board review under subsection (d) or (e). Submission of appraisals that are not in substantial compliance with the version of the Uniform Standards of Professional Appraisal Practice (as adopted in 876 IAC 3-6-2 and 876 IAC 3-6-3) in effect on the inspection date of the appraisal may result in the denial of the appraisal experience required for licensure as:
(1) a certified residential appraiser; and
(2) a certified general appraiser.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-10 - Credit for appraisal performance

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 10.
(a) The quantitative experience requirements shall be consistent with the generic experience criteria, established by the Real Property Appraiser Qualification Criteria, January 2022 edition.
(b) An applicant may be given full credit for performance of at least seventy-five percent (75%) of the work associated with an appraisal, including preparation of the appraisal report. Full credit may be claimed for that appraisal, even if the work was reviewed by a supervising appraiser who signed the appraisal report, notwithstanding subsection (c). No credit may be given to an applicant performing less than seventy-five percent (75%) of the work on an appraisal. No credit may be given to an applicant for an appraisal unless the applicant either signed the report or was given credit for seventy-five percent (75%) of the work within the certification pages of the appraisal report.
(c) An applicant may be given credit for twenty-five percent (25%) of the hours allotted for the type of property appraised if the applicant reviewed an appraisal prepared by a trainee under the applicant's supervision, and the applicant signed the report as the supervisor.
(d) An applicant may be given credit for fifty percent (50%) of the hours allotted for the type of property appraised if the applicant prepared a Uniform Standards of Professional Appraisal Practice (USPAP) Standard 3 review report of an appraisal prepared by another person and prepared a separate written review appraisal report.
(e) An applicant may be given credit for an additional fifty percent (50%) of the hours allotted for the type of property appraised if the applicant performed an appraisal for condemnation purposes where there was a partial taking of the property and documented before and after value of the property was completed.
(f) An applicant may be given credit for fifty percent (50%) of the total experience requirement for practicum courses that are approved by the AQB Course Approval Program or board. A practicum course must include the generally applicable methods of appraisal practice for the credential category. Content includes, but is not limited to, the following:
(1) Requiring the student to produce credible appraisals that utilize an actual subject property.
(2) Performing market research containing actual sales analysis.
(3) Applying and reporting the applicable appraisal approaches in conformity with the USPAP.
Assignments must require problem solving skills for a variety of property types for the credential category. Experience credit shall be granted for the actual classroom hours of instruction and hours of documented research and analysis as awarded from the practicum course approval process.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-11 - Property defined under residential category

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 11.
(a) Types of property under the residential category are defined as follows:
(1) Single family.
(2) Multiple family, not more than four (4) units.
(3) One (1) to four (4) vacant residential lots (more than four (4) lots is addressed by section 12 of this rule).
(4) Rural residential parcels up to one hundred (100) acres with or without a residence.
(5) Other activities described in section 12(c)(4) through 12(c)(8) of this rule.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-12 - Property defined under general (nonresidential) category

Current through July 10, 2024
Authority: IC
				  25-34.1-3-8
Affected: IC 25-34.1
Sec. 12.
(a) Types of
				property under the general (nonresidential) category are as follows:
(1) Land, including the following:
(A) Operating farms agricultural
				tracts.
(B) Undeveloped
				tracts.
(C) Residential multiple
				family sites.
(D) Commercial
				sites.
(E) Industrial
				sites.
(F) Land in
				transition.
(G) Similar
				projects.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-14 - Examination for three licenses issued by the board

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 14.
(a) This section and sections 15 through 18 of this rule govern the examination for the three (3) licenses issued by the board.
(b) To qualify for real estate appraiser licensure or certification, an examination shall be passed that is designed to measure the applicant's knowledge and understanding of subject matter essential to real estate appraiser practice.
(c) An applicant for licensure shall obtain a license within one (1) year of passing the examination. An applicant failing to obtain a license within one (1) year shall:
(1) have the applicant's examination results voided; and
(2) not be eligible for licensure.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-15 - Application for examination

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 15.
(a) An application for examination shall be filed on a form prescribed by the board.
(b) The board shall require applicants to provide documentation in support of education, experience, and other relevant data.
(c) The form prescribed by the board may require an applicant to provide information and documentation including, but not limited to, the following:
(1) A designation establishing the basis and type of certification sought by the applicant.
(2) General relevant contact information for the applicant.
(3) Educational transcripts, or other acceptable documentation, establishing that the applicant has met the educational requirements set forth in this rule.
(4) A statement of all prelicensing education accrued, including the course title, sponsor, number of credit hours, and the date completed.
(5) A listing of additional professional licenses held in Indiana or another state or states, including the license type, the state or states where the license is held, the license number, the issuance date, and the status of the license.
(6) Except for minor traffic violations and convictions expunged, a statement describing criminal convictions incurred by the applicant prior to making application.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-16 - Special administration of examination

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 16.
A special administration of the examination can be arranged if the applicant is unable to sit for examination under normal test conditions because of visual or physical problems.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-17 - Instructions for scheduling examinations; deadline

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 17.
(a) After an application has been processed and approved by the board, the board will send a letter of approval to the applicant. The instructions for scheduling examinations will be included with the approval letter.
(b) An applicant must pass the examination no later than one (1) year after the date of the approval letter described in subsection (a).
(c) The board may grant extensions to the time limit in subsection (b) due to physical incapacity, military service, and similar good cause.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-18 - Examination content

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 18.
(a) The real estate appraiser licensure and certification examinations will contain questions relating to the following:
(1) The appraisal of residential one (1) to four (4) unit properties.
(2) The appraisal of all types of properties.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-19 - Individuals licensed in another state; licensing requirements; reciprocity

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 19.
An individual who holds a valid license or certification from another state or territory may be issued an Indiana license or certification in the category of the out-of-state license or certification so long as the following are met:
(1) The current requirements for examination, education, and experience in the state the individual is licensed or certified meet or exceed those in Indiana.
(2) The individual meets all of the other Indiana requirements for the particular license or certification.
(3) The individual pays the fees under 876 IAC 3-2-7(b)(4)  and 876 IAC 3-2-7(b)(5)  or 876 IAC 3-2-7(b)(6).
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-20 - Requirements for holder of an Indiana licensed residential appraiser license applying for an Indiana certified residential appraiser license (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-20.1 - Indiana licensed trainee appraiser; exemption from examination for transitional license holders (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-21 - Permit for temporary practice

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 21.
(a) The board will recognize, on a temporary basis, the license or certificate of an appraiser issued by another state, provided the following:
(1) The appraiser's business is of a temporary nature.
(2) The appraiser registers with the board.
(3) The license or certificate issued by the other state is appropriate for the type of property to be appraised.
(4) The work in Indiana does not last longer than twelve (12) months.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 3 - Requirements for Real Estate Appraisers; Licensure and Certification › Section 3-22 - Indiana licensed trainee appraiser; examination; licensure procedures

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 22.
(a) An applicant for an Indiana licensed trainee appraiser license shall be required to pass the examination as provided for in sections 14 through 18 of this rule.
(b) On a form provided by the board, the applicant shall provide the name and license number of the appraiser with whom the applicant is associating and the prospective supervising appraiser must sign that form. The appraiser must meet the requirements to be a supervising appraiser stated in 876 IAC 3-6-9(b).
(c) If the applicant is otherwise qualified, after an applicant passes the examination and pays the fee required by 876 IAC 3-2-7(b)(2)  or 876 IAC 3-2-7(b)(3), the board shall issue the following:
(1) An Indiana licensed trainee appraiser license to the applicant to be held by the supervising appraiser.
(2) To the Indiana licensed trainee appraiser an identification card that:
(A) certifies that the Indiana licensed trainee appraiser is licensed; and
(B) indicates the:
(i) expiration date of the license; and
(ii) name of the supervising appraiser with whom the Indiana licensed trainee appraiser is associated.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 5 - Continuing Education › Section 5-1 - Continuing education requirements

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-1-4-5; IC 25-1-4-6; IC 25-34.1
Sec. 1.
(a) As a
				prerequisite to renewal of a real estate appraiser license or certification,
				the licensee or certificate holder shall satisfy the criteria specific to
				continuing education, established by The Real Property Appraiser Qualification
				Criteria, January 2022 edition.
(b)
				A licensee is not entitled to continuing education credit for classroom hours
				that were used for required prelicensure education under
				876 IAC 3-3.
(c) The board may verify information
				concerning continuing education that is submitted by the licensee or
				certificate holder as evidence supporting the course information. The board may
				require licensees or certificate holders to provide information regarding the
				continuing education hours claimed on the individual's renewal. Failure to do
				so may lead to action under IC
				25-1-4-5 or IC
				25-1-4-6.
(d) It is the responsibility of each licensee
				or certificate holder to retain evidence to support the courses taken for a
				period of three (3) years after the end of the renewal period for which the
				renewal application is submitted to the board. These records shall include one
				(1) or more of the following:
(1) Course
				attendance verification by the sponsor.
(2) Certificates of course
				completion.
(3) Continuing
				education attendance history by employer or third party.
(4) Other evidence of support and
				justification.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 5 - Continuing Education › Section 5-1.5 - Mandatory continuing education courses; Uniform Standards of Professional Appraisal Practice

Current through July 10, 2024
Authority: IC
				  25-34.1-3-8
Affected: IC
				  25-1-11; IC
				  25-34.1-8
Sec. 1.5.
(a) The
				continuing education required on the Uniform Standards of Professional
				Appraisal Practice (USPAP) must be:
(1)
				obtained not later than six (6) months after the effective date of a new
				edition of the USPAP; and
(2) an
				updated version to cover the new edition.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 5 - Continuing Education › Section 5-2.5 - Criteria for approval of continuing education course

Current through July 10, 2024
Authority: IC
				  25-34.1-3-8
Affected: IC
				  25-1-4-0.5;
				  IC 25-1-11; IC 25-34.1
Sec. 2.5.
(a)
				Continuing education courses not approved by the Appraiser Qualifications
				Board, as provided for in IC
				25-1-4-0.5(1)(B)
				 and section 1 of this rule, must be approved
				by the board under this section. Applications for board approval may be
				submitted by the course provider or by an appraiser taking the course. The
				content of the course must comply with subsection (b)(3).
(b) In order to be an approved continuing
				education course, a course must satisfy the following criteria:
(1) The course must:
(A) involve a minimum of two (2) classroom
				hours of instruction on real estate appraisal or related topics; and
(B) be an education offering that is
				consistent with the purpose of continuing education and cover real property
				related appraisal topics, including, but not limited to:
(i) ad valorem taxation;
(ii) arbitration, dispute
				resolution;
(iii) courses related
				to real estate appraisal or consulting;
(iv) development cost estimating;
(v) ethics and standards of professional
				practice, USPAP;
(vi) land use
				planning, zoning;
(vii) management,
				leasing, timesharing;
(viii)
				property development, partial interests;
(ix) real estate law, easements, and legal
				interests;
(x) real estate
				litigation, damages, condemnation;
(xi) real estate financing and
				investment;
(xii) real estate
				appraisal-related computer applications; and
(xiii) real estate securities and
				syndication.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 5 - Continuing Education › Section 5-3 - Course records

Current through July 10, 2024
Authority: IC
				  25-34.1-3-8
Affected: IC 25-34.1
Sec. 3.
The provider of an approved real estate appraiser continuing
				  education course must retain records of students who complete the course for a
				  minimum of six (6) years. The records must include the following:
(1) Attendance records.
(2) Examination score records (if
				applicable).
(3) Duplicate copies
				of completion certificates.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 5 - Continuing Education › Section 5-6 - Approved real estate appraiser continuing education courses; certification requirements

Current through July 10, 2024
Authority: IC
				  25-34.1-3-8
Affected: IC 25-34.1
Sec. 6.
Upon completion of a continuing education course, the course
				  provider of the approved continuing education course shall provide all
				  attendees a completion certificate that must include the following
				  information:
(1) The attendee's
				name.
(2) The name of the course
				sponsor.
(3) The course
				title.
(4) The course
				content.
(5) The date and location
				of the course.
(6) The hours
				completed.
(7) Confirmation of a
				passing grade (if an examination is required).
(8) Instructor's name, type of license or
				faculty position, license number, and issuing state.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 5 - Continuing Education › Section 5-7 - Instructors

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 7.
Each instructor for an approved real estate appraiser
				  continuing education course must possess at least one (1) of the following
				  minimum requirements:
(1) Is a
				licensed or certified real estate appraiser or licensed real estate broker and
				has a bachelor's degree:
(A) with a major or
				minor in real estate from an accredited college or university; or
(B) from an accredited college or university
				and a minimum of two (2) years of experience in real estate appraising. Each
				instructor qualified under this subdivision must also meet the competency
				requirements of the Uniform Standards of Professional Appraisal Practice
				(USPAP) (as adopted in
				876 IAC 3-6-2 and
				876 IAC 3-6-3) for each course
				that they teach.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 5 - Continuing Education › Section 5-8 - Instructors; prohibitions

Current through July 10, 2024
Authority: IC
				  25-34.1-3-8
Affected: IC 25-34.1
Sec. 8.
A course provider of an approved real estate appraiser
				  continuing education course is prohibited from hiring, or retaining in its
				  employ, an instructor who has:
(1) had
				a real estate appraiser license revoked or suspended by any
				jurisdiction;
(2) obtained or used,
				or attempted to obtain or use, in any manner, Indiana real estate appraiser
				licensing examination questions to be used on future examinations, unless
				authorized by law;
(3) been
				convicted of a crime that has a direct bearing on the individual's ability to
				competently instruct, including, but not necessarily limited to:
(A) violations of real estate appraiser laws;
				and
(B) abuse of fiduciary
				responsibilities;
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 6 - Standards of Practice for Appraisers › Section 6-1 - Disciplinary sanctions

Current through July 10, 2024
Authority: IC
				  25-34.1-3-8
Affected: IC
				  25-34.1-8-11
Sec. 1.
Under IC
				  25-34.1-8-11,
				  the board has the authority to impose appropriate disciplinary sanctions
				  concerning an individual's license or certification for violation of that
				  section even if the behavior in question was done when the individual was
				  engaged in an appraisal of real estate not involved in transactions governed by
				  the federal act or the practitioner was purportedly functioning as a real
				  estate broker. However, this section shall not be interpreted to mean that the
				  board may take action against a practitioner's real estate broker
				  license.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 6 - Standards of Practice for Appraisers › Section 6-2 - Uniform Standards of Professional Appraisal Practice

Current through July 10, 2024
Authority: IC
				  25-34.1-3-8
Affected: IC
				  4-22-2; IC 25-34.1
Sec. 2.
(a) That
				certain document being titled Uniform Standards of Professional Appraisal
				Practice (USPAP), 2020-2021 edition, as published by the Appraisal Standards
				Board of the Appraisal Foundation, 1155 15th Street, NW, Suite 1111,
				Washington, D.C. 20005, copyright The Appraisal Foundation, is hereby
				incorporated by reference as if fully set out in this rule except for the
				revisions stated in section 3 of this rule. The Advisory Opinions are not
				adopted as part of this rule. The Comments areadopted as part of this
				rule.
(b) No subsequent editions,
				amendments, supplements, or releases of the USPAP will be in effect in Indiana
				or adopted by the commission except by following the rulemaking provisions of
				IC 4-22-2.
(c) As used in this article, "appraiser"
				refers to the following:
(1) An Indiana
				licensed trainee appraiser.
(2) An
				Indiana licensed residential appraiser.
(3) An Indiana certified residential
				appraiser.
(4) An Indiana certified
				general appraiser.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 6 - Standards of Practice for Appraisers › Section 6-3 - Deletions from the Uniform Standards of Professional Appraisal Practice

Current through July 10, 2024
Authority: IC
				  25-34.1-3-8
Affected: IC
				  25-1-11-5; IC 25-34.1
Sec. 3.
(a) Standards
				5 through 10 are deleted.
(b) The
				references to Standards 5 through 10 of the Uniform Standards of Professional
				Appraisal Practice (USPAP), 2020-2021 edition, are deleted or revised as
				follows:
(1) In the seventh bullet point in
				the third paragraph of the Preamble, delete the last three (3)
				sentences.
(2) In the Comment under
				the Conduct category of the Ethics rule, delete the commas after "1-1" and
				"3-1" and delete "5-1, 7-1 and 9-1", and before "3-1", insert "and".
(3) In the fourth paragraph under the
				Management category of the Ethics rule, delete the commas after "2-3" and "4-3"
				and delete "6-3, 8-3, and 10-3", and before "4-3", insert "and".
(4) In the comment under the Problem
				Identification category under the Scope of Work Rule, delete the commas after
				"1-2" and "3-2" and delete "SR 5-2, SR 7-2, and SR 9-2", and before "SR 3-2",
				insert "and".
(5) In the Comment
				under Standards Rule 1-4(g), delete "(See STANDARD 7)" and "(See STANDARD
				9)".
(6) In Standards Rule
				3-3(c)(i), delete "STANDARDS 1, 5, 7, and 9" and insert "STANDARD 1".
(7) In the third bullet point in the third
				paragraph of the Comment under Standards Rule 3-3(c), delete the commas after
				"1" and "3" and delete "5, 7, or 9", and before "3", insert "or".
(8) In the Comment under Standards Rule
				4-2(j)(iii), delete the second, fourth, and fifth bullet points.
(9) In the second paragraph of the Comment
				under Standards Rule 4-3(b), substitute "Rule" for "Rules", delete the comma
				after "2-3", and delete "6-3, 8-3 and 10-3".
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 6 - Standards of Practice for Appraisers › Section 6-4 - Supervision of licensed residential, certified residential, and certified general appraisers

Current through July 10, 2024
Authority: IC
				  25-34.1-3-8
Affected: IC 25-34.1
Sec. 4.
(a) When an
				Indiana licensed residential, certified residential, or certified general
				appraiser assists another licensed appraiser in the performance of a real
				estate appraisal, each is subject to the Uniform Standards of Professional
				Appraisal Practice, as adopted in this rule, and the appraiser assisting as
				well as the appraiser being assisted must clearly indicate on the appraisal
				report the extent of significant professional assistance provided by each
				signatory to the report. Absent a statement to the contrary, each signatory
				will be mutually responsible for the content of the report.
(b) When an Indiana licensed residential,
				certified residential, or certified general appraiser in the performance of an
				appraisal review of an Indiana licensed residential, certified residential, or
				certified general appraiser or any other licensed appraiser, the reviewer must
				comply with the Uniform Standards of Professional Appraisal Practice as adopted
				in this rule.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 6 - Standards of Practice for Appraisers › Section 6-7 - Advertising

Current through July 10, 2024
Authority: IC
				  25-34.1-3-8
Affected: IC 25-34.1
Sec. 7.
(a) When
				advertising or otherwise holding out as an Indiana real estate appraiser, a
				licensed residential appraiser shall identify himself or herself as an Indiana
				licensed appraiser; a certified residential appraiser shall identify himself or
				herself as an Indiana certified residential appraiser; and a certified general
				appraiser shall identify himself or herself as an Indiana certified general
				appraiser.
(b) An Indiana licensed
				or certified real estate appraiser doing business as a partnership,
				association, corporation, or other business entity shall not represent in any
				manner to the public that the partnership, association, corporation, or other
				business entity is either licensed or certified by the state of Indiana to
				engage in the business of real estate appraising.
(c) In the event that any licensee or
				certificate holder shall advertise in any manner using a firm name, corporate
				name, or an assumed name which does not set forth the surname of the licensee
				or certificate holder, he or she shall first notify the board in writing of
				such name and furnish the board with a copy of each registration of an assumed
				name filed under IC
				23-15-1
[IC
				23-15-1 was
				repealed by P.L. 118-2017, SECTION 49, effective January 1,
				2018.]
.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 6 - Standards of Practice for Appraisers › Section 6-8 - Indiana licensed trainee appraisers; required use and prohibitions

Current through July 10, 2024
Authority: IC
				  25-34.1-3-8
Affected: IC 25-34.1
Sec. 8.
(a) Indiana
				licensed residential appraisers, Indiana certified residential appraisers, and
				Indiana certified general appraisers may only employ:
(1) Indiana licensed residential
				appraisers;
(2) Indiana certified
				residential appraisers;
(3) Indiana
				certified general appraisers; and
(4) Indiana licensed trainee appraisers; to
				assist in the performance of real estate appraisals.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 6 - Standards of Practice for Appraisers › Section 6-9 - Indiana licensed trainee appraisers; supervision

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1
Sec. 9.
(a) This
				section establishes requirements for the use and supervision of licensed
				trainee appraisers.
(b) Indiana
				licensed trainee appraisers shall be subject to direct supervision, including
				inspection of all properties by a supervising appraiser who satisfies all
				general criteria of the supervisory appraiser requirements, established by the
				Real Property Appraiser Qualification Criteria, January 2022 edition.
(c) The Indiana licensed trainee appraiser is
				permitted to have more than one (1) supervising appraiser in the office of the
				supervising appraiser with whom the Indiana licensed trainee appraiser has
				associated under
				876 IAC 3-3-22. An additional
				supervisor shall be acting in substitution for the supervising appraiser
				identified under
				876 IAC 3-3-22 and is only
				responsible for the Indiana licensed trainee appraiser on appraisals where
				responsibility is assumed by the additional supervisor, at the consent of the
				supervisor of record identified under
				876 IAC 3-3-22. Overall
				responsibility for the trainee appraiser remains with the supervisor of record
				as long as the association with the trainee appraiser is in effect under
				876 IAC 3-3-22.
(d) An appraiser may not be the supervising
				appraiser for more than three (3) trainees.
(e) An appraisal log shall be maintained by
				the Indiana licensed trainee appraiser and supervising appraiser. The appraisal
				log shall follow the requirements established by the supervisory appraiser
				requirements, established by The Real Property Appraiser Qualification
				Criteria, January 2022 edition. It is the responsibility of the trainee to
				retain the log for submission to the board with any future application for
				license certification. The trainee appraiser shall be entitled to copies of
				appraisals, including appraisal reports and any work files, that the trainee
				appraiser completes. However, the original records shall be maintained at the
				office of the supervising appraiser.
(f) The supervising appraiser shall accompany
				the Indiana licensed trainee appraiser and inspect the subject and comparable
				properties on the following appraisal assignments:
(1) The first fifty (50) assignments
				performed by the trainee where the scope of the work includes a physical
				inspection of the property.
(2)
				During the first year the trainee holds an active license, all assignments
				located more than fifty (50) miles from the supervising appraiser's
				office.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 6 - Standards of Practice for Appraisers › Section 6-10 - Indiana licensed trainee appraisers; supervisor/trainee appraiser course

Current through July 10, 2024
Authority: IC 25-34.1-3-8
Affected: IC 25-34.1-8
Sec. 10.
(a) A
				supervising appraiser under section 9 of this rule shall successfully complete
				a supervisor/trainee appraiser course in order to be a supervising appraiser.
				The course must be completed prior to commencement of association with a
				trainee appraiser.
(b) The
				supervisor/trainee appraiser course shall qualify for continuing education
				credit for the supervising appraiser under
				876 IAC 3-5.
(c) A supervisor/trainee appraiser course
				shall be approved by the board or the Appraisal Qualifications Board and shall
				provide adequate information to ensure the supervisory appraiser and trainee
				appraiser understand the qualifications and responsibilities of that role.
				Specifically, the course objectives shall be consistent with the supervisory
				appraiser and trainee appraiser course objectives, established by The Real
				Property Appraiser Qualification Criteria, January 2022 edition.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 7 - Convictions of Concern › Section 7-1 - Scope

Current through July 10, 2024
Authority: IC 25-1-1.1-6
Affected: IC 25-1-1.1-6; IC 25-34.1-8
Sec. 1.
This rule implements IC 25-1-1.1-6 regarding convictions of
				  concern that may disqualify an individual for licensure by the Indiana real
				  estate commission, and includes in section 4 of this rule an explicit list of
				  crimes that may disqualify an individual from receiving a license under IC
				  25-34.1-8.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 7 - Convictions of Concern › Section 7-2 - Issuance of license

Current through July 10, 2024
Authority: IC 25-1-1.1-6
Affected: IC 25-1-1.1-6; IC 25-34.1-8
Sec. 2.
An applicant for licensure who has a conviction of concern
				  may still be granted a license based on the criteria stated in IC
				  25-1-1.1-6(h).
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 7 - Convictions of Concern › Section 7-3 - Authority to issue license on probation

Current through July 10, 2024
Authority: IC 25-1-1.1-6
Affected: IC 25-1-1.1-6; IC 25-1-11-19; IC 25-34.1-8
Sec. 3.
This rule and IC 25-1-1.1-6 do not limit the authority of the
				  real estate appraiser licensure and certification board to issue a license on
				  probation if appropriate under IC 25-1-11-19 or any other applicable
				  statute.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 7 - Convictions of Concern › Section 7-4 - Convictions of concern

Current through July 10, 2024
Authority: IC 25-1-1.1-6
Affected: IC 6-3-6-11; IC 7.1-5-1-3; IC 7.1-5-7-8; IC
				  9-26-1-1.1; IC 9-30-5-4; IC 9-30-5-5; IC 11-8-8-17; IC 11-8-8-18; IC
				  12-17.2-5-1; IC 12-24-17-3; IC 12-24-17-7; IC 16-36-5-27; IC 16-36-5-28; IC
				  16-42-19; IC 23-0.5-2-9; IC 23-19-5-2; IC 25; IC 31-33-22; IC 31-34-2.3-7; IC
				  31-34-2.3-8; IC 35
Sec. 4.
The following are convictions of concern which may disqualify
				  an applicant from licensure:
(1)
				Crimes involving sexual acts that can be considered without respect to age of
				conviction as follows:
(A) Child molesting (IC
				35-42-4-3).
(B) Child seduction (IC
				35-42-4-7).
(C) Criminal deviate
				conduct (IC 35-42-4-2) (before its repeal).
(D) Incest (IC 35-46-1-3).
(E) Making an unlawful proposition (IC
				35-45-4-3).
(F) Prostitution (IC
				35-45-4-2).
(G) Rape (IC
				35-42-4-1).
(H) Sexual misconduct
				with a minor (IC 35-42-4-9(a)).
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 7 - Convictions of Concern › Section 7-5 - Convictions in another jurisdiction

Current through July 10, 2024
Authority: IC 25-1-1.1-6
Affected: IC 25-34.1-8
Sec. 5.
A crime in any other jurisdiction for which the elements of
				  the crime for which conviction was entered are substantially similar to the
				  elements of a crime included on the list in section 4 of this rule shall also
				  be a crime that may disqualify an individual from receiving a license and
				  therefore included on the list.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 3 - REAL ESTATE APPRAISER LICENSURE AND CERTIFICATION › Rule 7 - Convictions of Concern › Section 7-6 - Prelicensure determinations; fee

Current through July 10, 2024
Authority: IC 25-1-1.1-6
Affected: IC 25-1-1.1-6; IC 25-34.1-8
Sec. 6.
The fee for a petition under IC 25-1-1.1-6(g) for a
				  determination as to whether an individual's misdemeanor or felony conviction
				  may disqualify the individual from receiving a license or certification is
				  twenty-five dollars ($25).
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 1 - Sponsors of Courses; Approval › Section 1-1 - Sponsors; approval

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 1.
(a) Credit
				for fulfillment of the continuing education requirement will be granted only to
				licensees who have successfully completed courses offered by sponsors approved
				by the commission.
(b) Continuing
				education course sponsor approval may be granted by the commission upon
				application to those schools offering approved broker or salesperson courses
				under IC 25-34.1-5 or to schools only offering continuing education
				courses.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 1 - Sponsors of Courses; Approval › Section 1-2 - Application for sponsor of continuing education courses

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-5
Sec. 2.
(a)
				Applicants for sponsor approval who do not conduct salesperson or broker
				courses under IC 25-34.1-5 shall submit the following information:
(1) The:
(A) name;
(B) address;
(C) telephone number; and
(D) facsimile (FAX) number (if any); of the
				sponsor.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 1 - Sponsors of Courses; Approval › Section 1-3 - Significant changes

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 3.
(a) Any
				significant changes in the operation of the approved sponsor must be approved
				by the commission prior to the effective date of the change. Any change in the
				course outline must be approved by the commission prior to the course being
				offered or given. The commission shall review the changes to determine whether
				or not the sponsor shall continue to be approved.
(b) Significant changes shall include the
				following:
(1) Change in ownership of the
				sponsor, including changes in the officers and directors of the
				corporation.
(2) A new school
				director.
(3) A new
				instructor.
(4) Any change in
				course outline.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 1 - Sponsors of Courses; Approval › Section 1-4 - Course availability

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1
Sec. 4.
All continuing education courses shall be available to all
				  licensees; however, a course may be limited to brokers or salespersons
				  only.
Indiana Administrative Code › Title 876 - INDIANA REAL ESTATE COMMISSION › Article 4 - REAL ESTATE CONTINUING EDUCATION (REPEALED) › Rule 1 - Sponsors of Courses; Approval › Section 1-5 - Sponsor renewal

Current through July 10, 2024
Authority: IC 25-34.1-9-21
Affected: IC 25-34.1-9-14
Sec. 5.
(a) Under IC
				25-34.1-9-14(a), a sponsor of a salesperson level continuing education course
				shall submit by December 1 of each odd-numbered year the following information
				to request approval renewal:
(1) A letter
				requesting renewal.
(2) A renewal
				fee established in
				876 IAC
				2-18-1.