reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5509 - Inspections and Monitoring of Approved Vendors and Courses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Real estate
				  education vendors shall provide adequate space, seating, equipment, and
				  instructional material to accommodate the number of enrolled
				  students.
B. The commission may
				  inspect any facility used by a real estate education vendor at any time during
				  regular business hours.
C. Real
				  estate education vendors shall be subject to periodic audits and reviews, as
				  determined by the commission, to ensure that courses are conducted in
				  accordance with the provisions set forth in
				  R.S.
				  37:1460 and this Chapter. This may include
				  the observation and evaluation of classroom activities, course content,
				  instructor proficiency, and/or the audit of reporting/attendance
				  records.
D. If the real estate
				  education vendor is found deficient in any part of this Section, the commission
				  shall prepare a report specifying the areas of deficiency.
E. Any real estate education vendor that
				  receives a report of deficiencies shall correct the deficiencies by the date
				  designated by the commission and shall submit a signed, written report to the
				  commission that outlines the corrective action.
F. Failure to respond to a report of
				  deficiencies, in accordance with the deadline designated by the commission, may
				  result in payment of a fine, or the suspension or revocation of any certificate
				  for a vendor found to be in violation of this requirement.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1435.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5511 - Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. Real estate
				  education vendors shall maintain accurate and properly indexed records on all
				  students for at least five years after course completion and shall produce
				  those records for inspection upon request of the commission. Electronic records
				  shall be maintained in a readily available format that does not prohibit,
				  delay, or otherwise impede inspection.
B. Real estate education vendors shall
				  maintain the following records on each student:
1. complete name, as licensed with the
				  commission, and address;
2. course
				  title, as approved by the commission;
3. credit hours received;
4. dates of attendance;
5. test scores or pass/fail
				  indications.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5513 - Post-license and Continuing Education Instructors

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall act as a
				  post-license/continuing education instructor, and no real estate vendor shall
				  hire or otherwise permit any person to act as a post-license/continuing
				  education instructor, unless that person has been approved by the
				  commission.
B. The application to
				  become approved as a real estate post-license/continuing education instructor
				  shall be in such form and detail as prescribed by the commission and shall be
				  accompanied by any documentation requested therein and the certification fee(s)
				  prescribed in
				  R.S.
				  37:1443.
1.
				  Approval as a post-license/continuing education instructor shall be required
				  per vendor course and shall not qualify an approved instructor to instruct any
				  other post-license/continuing education courses.
2. The expiration of an approved
				  post-license/continuing education course shall result in the automatic
				  expiration of all instructor approvals issued for that course.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5515 - Supplemental Post-License/Continuing Education Instructors

Current through Register Vol. 50, No. 6, June 20, 2024
A. Real estate vendors may hire or otherwise
				  permit a supplemental course instructor to participate with a primary
				  instructor in the instruction of an approved post-license/continuing education
				  course, provided the supplemental course instructor is named as such in the
				  application for post-license/continuing education instructor submitted by the
				  primary instructor.
B. A
				  supplemental course instructor shall work under the direct supervision of the
				  approved primary course instructor and shall be limited to no more than 25
				  percent of the total course instruction. In instances where there is more than
				  one supplemental course instructor, the supplemental course instructors shall
				  be limited to a combined total of no more than 25 percent of the total course
				  instruction.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5517 - Change of Address

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission shall be notified within 10 calendar days of any change in the
				  business address or telephone number of any real estate education vendor and
				  the residence or business address or telephone number of any owner, designated
				  contact person, or instructor thereof.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5519 - Vendor Advertising

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Advertising by estate education vendors shall not be false or
				  misleading.
B. Advertisements shall
				  state that the vendor is certified by the Louisiana Real Estate Commission and
				  shall include the vendor certification number.
C. The commission may require a real estate
				  education vendor to furnish proof of any advertising claims. The commission may
				  order the retraction of advertising that violates the provisions of this
				  Section. Such retractions shall be published in the same manner as the original
				  claim and shall be paid for by the real estate education vendor.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5521 - Investigations and Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission shall have the authority on its own motion, or following receipt of
				  a complaint, to investigate any real estate education vendor to determine
				  compliance with the Louisiana Real Estate License Law and the rules and
				  regulations of the commission.
B.
				  If an investigation by the commission determines that a violation has occurred,
				  the commission shall follow the provisions of
				  R.S.
				  37:1456 and the Louisiana Administrative
				  Procedure Act,
				  R.S.
				  49:950, et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5523 - Suspension or Revocation of a Vendor Certification or Post-License/Continuing Education Instructor Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The commission may impose fines, and/or suspend or revoke a vendor
				  certification and/or post-license/continuing education instructor approval for
				  the following acts committed by a vendor, employee, or approved
				  post-license/continuing education instructor:
1. violation of any rule or regulation
				  promulgated by the commission;
2.
				  conviction of a felony or entering a plea of guilty or nolo contendere to a
				  felony charge;
3. refusal to appear
				  or testify under oath at any hearing held by the commission;
4. false certification of course attendance
				  hours for any student;
5.
				  suspension or revocation of a salesperson, broker, or timeshare interest
				  salesperson license by the commission;
6. failure of a real estate vendor contact
				  person to inform post-license/continuing education instructors on changes to
				  the Louisiana Real Estate License Law or commission rules and
				  regulations.
7. using designated
				  course instruction time to teach, promote, advance, encourage, or further
				  personal opinion, information, data, statistics, facts, figures, material,
				  news, reports, intelligence, or knowledge that is not included in the approved
				  course curriculum.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5525 - Course Approval; Applications and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Courses approved by the commission for
				  instruction by real estate education vendors shall be classed in the following
				  categories:
1. post-license
				  education;
2. continuing
				  education.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5527 - Post License Education Courses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Post-license education courses offered by
				  real estate education vendors shall be developed in accordance with the content
				  outline prescribed by the commission.
B. Real estate education vendors shall not
				  issue credit for any post-license education course unless the student has
				  passed an examination on the course content. Post-license hours shall be
				  secured through and reported by one approved vendor.
C. Post-license education courses shall be
				  open to all licensees regardless of broker affiliation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5529 - Continuing Education Courses

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Real estate education vendors may offer continuing education course topics that
				  include, but are not limited to, appraisal, finance, taxes, zoning, Louisiana
				  Real Estate License Law/commission rules and regulations, environmental
				  quality, property management, and federal laws affecting real estate such as
				  HUD and fair housing regulations.
B. Continuing education courses offered by
				  real estate education vendors shall be a minimum of two hours. A classroom hour
				  is defined as sixty minutes, of which fifty minutes are instruction. The
				  prescribed number of classroom hours may include time devoted to examinations
				  if a required part of the course. Time devoted to breakfasts, luncheons,
				  dinners, or other refreshments shall not be counted as instruction
				  time.
C. Licensees shall not
				  receive duplicate credit for attending the same continuing education course
				  from the same vendor in the same year. It shall be the responsibility of the
				  real estate education vendor to advise licensees that credit shall not be
				  awarded for completing duplicate courses within the same license
				  period.
D. Course work completed by
				  licensees through non-approved providers will be considered for credit by the
				  commission on an individual basis. Licensees seeking approval for course work
				  obtained through non-approved providers shall apply for such approval by
				  submitting documentation of attendance, hours completed, date of attendance,
				  and detailed course content information.
E. Continuing education courses shall be open
				  to all licensees regardless of broker affiliation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5531 - Mandatory Courses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission shall mandate an annual four-hour continuing education course topic
				  and curriculum that licensees shall complete during each license period as a
				  requirement for license renewal.
B.
				  Real estate education vendors shall not offer the mandatory course for credit
				  unless a course approval application has been approved by the
				  commission.
C. There shall be no
				  substitute curriculum for the mandatory course, including any previously
				  approved course that is similar in name and/or content, without prior
				  commission approval.
D. Any
				  instructor used in the presentation of the mandatory course shall have first
				  completed the annual Train the Trainer instructor workshop developed
				  specifically for each mandatory course topic. Completion of a prior year train
				  the trainer instructor workshop shall not be substituted for completion of the
				  current year workshop.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5533 - Methods of Instruction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Live
				  classroom training that is led by an instructor and held in a physical
				  location, or delivered via a network, may be used to present post-license and
				  continuing education courses and shall be in such format and detail as
				  prescribed by the commission.
B.
				  Distance education, for the purpose of this Chapter, shall mean any of the
				  following methods of instruction:
1.
				  interactive Internet-based instruction;
2. correspondence courses.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5535 - Certificates of Completion

Current through Register Vol. 50, No. 6, June 20, 2024
A. Real
				  estate education vendors shall issue certificates containing the following
				  information to students:
1. complete name of
				  the real estate education vendor and the vendor certification number;
2. name of the student as licensed with the
				  commission;
3. real estate license
				  number;
4. number of credit hours
				  completed;
5. course title as
				  approved by the commission
6. date
				  of course completion;
7. signature
				  of authorized representative;
8.
				  indication of delivery method.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5537 - Course Reporting; Schedules and Attendance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Real estate education vendors shall submit
				  continuing education and post-license education course schedules and attendance
				  verification reports to the commission.
B. Course schedules shall be received by the
				  commission at least 10 calendar days prior to the beginning of each
				  month.
C. Course schedules and
				  attendance verification reports shall be submitted in such form and detail as
				  prescribed by the commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 55 - Real Estate Vendors; Post-licensing and Continuing Education › Section LXVII-5539 - Non-certified Real Estate Education Vendors

Current through Register Vol. 50, No. 6, June 20, 2024
A. Non-certified real estate education
				  vendors may request commission approval to offer continuing education courses
				  under the following conditions.
1.
				  Non-certified real estate education vendors shall comply with the course
				  approval and course reporting procedures specified in
				  Section
				  5537 A-C of this
				  Chapter.
2. No more than two course
				  approvals may be granted to each non-certified real estate education vendor
				  within a one-year period.
3. Each
				  course approval issued to a non-certified real estate education vendor shall be
				  limited to a maximum of three presentations in locations that shall be
				  specified in the request for approval. The commission shall not grant credit
				  for any course presentation that exceeds the maximum specified in this
				  Part.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5701 - Requirements for Processing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				  applicant for initial registration as a timeshare developer or timeshare
				  salesperson shall submit to the commission a fully completed application on a
				  form provided by the commission accompanied by the prescribed fees.
B. Every application for an initial timeshare
				  salesperson registration shall contain the name of the developer for whom the
				  applicant will be working following registration and shall be signed by a
				  designated representative of that developer.
C. Applicants for registration as timeshare
				  developers shall submit the following to the commission at the time of filing
				  for registration:
1. sample copies of the
				  conveyance and financing forms and, when applicable, copies of the public
				  offering statement and a certified copy of the timeshare declaration;
2. when applicable, an affidavit, signed by
				  the chief executive officer or managing partner of the developer and by any
				  natural person having an ownership interest exceeding 10 percent in either the
				  developer or entities which control it, that states under penalty of perjury
				  that the affiant has read the timeshare declaration and all attached documents,
				  and that they are true and correct.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5703 - Receipt of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				  application shall be received and approved by the commission prior to the date
				  the applicant engages in the business of selling timeshare interests within
				  this state.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5705 - Bonds

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the time of
				  initial application, each applicant for registration as a timeshare interest
				  salesperson shall provide evidence of one bond issued in favor of the state by
				  a surety company authorized to do business in this state in the amount of
				  $10,000 in accordance with
				  R.S.
				  37:1437.1(E).
B. A new bond or a renewal or continuation of
				  the original bond shall be required for each registration period. If a
				  continuous bond is filed, a new or renewal bond is not required as long as the
				  continuous bond remains in force and effect.
C. In the event a bond is revoked or canceled
				  by the surety company, the timeshare registration of the named bondholder shall
				  automatically be suspended until such time as a new bond is filed with the
				  commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5707 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Registration
				  fees shall cover a period of one calendar year and shall not be
				  prorated.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5709 - Automatic Suspension for Non-Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a developer's timeshare registration is
				  suspended or revoked, no sales of timeshare interests in that project may be
				  conducted by that developer, by any timeshare sales registrant working for that
				  developer, or by any licensed real estate broker or salesperson working with
				  that developer.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5711 - Terminations

Current through Register Vol. 50, No. 6, June 20, 2024
A. A developer who
				  wishes to terminate an association with a sales registrant shall return the
				  registrant's sales registration certificate to the commission along with a
				  properly executed transfer form as provided by the commission.
B. A sales registrant who wishes to terminate
				  an association with a developer shall request, in writing, that the developer
				  return that registrant's sales registration certificate to the commission, and
				  shall sign the appropriate transfer form as proof of the request.
C. A sales registrant may transfer to another
				  developer upon submission of a property executed transfer form signed by both
				  the registrant and a designated representative of the developer. This transfer
				  request shall be accompanied by a new bond and appropriate transfer
				  fees.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5715 - Establishment of Escrow Account

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Where applicable, the developer of each timeshare plan that has timeshare
				  property located in Louisiana, or who maintains a sales office in Louisiana for
				  the sale of timeshare interests, shall establish interest bearing escrow
				  accounts in the developer's name at a financial institution in the parish where
				  the timeshare property or sales office is located, in accordance with
				  R.S.
				  9:1131.16 and 17.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5717 - Affidavit of Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				  developer of a timeshare plan shall submit to the commission notarized
				  affidavits attesting to the existence, location and account number of the
				  developer's escrow accounts. The affidavits shall authorize and empower the
				  commission or its representatives to examine, inspect, and/or copy the
				  developer's escrow accounts.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5719 - Escrow Account Closing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				  developer shall notify the commission of his intention to close an escrow
				  account at least 10 days prior to the intended closing date.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5721 - Maintaining an Escrow Account

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Upon revocation, suspension or lapse of registration, a developer shall
				  nevertheless continue to maintain all escrow accounts until such time as all
				  monies have been disbursed according to law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5723 - Change of Address

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				  registrant shall report in writing any change in business or residence address
				  or telephone number to the commission within 10 days of the change. Such
				  notification shall be by hand delivery or certified mail.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5725 - Payment to Non-Registrants

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Timeshare registrants, in accordance with the provisions of
				  R.S.
				  37:1446(A), shall not offer
				  or pay a fee or any other compensation of any kind to any unregistered person
				  for the purpose of obtaining any timeshare solicitations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 1 - Real Estate › Chapter 57 - Timeshares › Section LXVII-5727 - Developer Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				  developer shall retain, for at least five years, readily available and properly
				  indexed copies of all documents which in any way pertain to the sale or
				  solicitation of timeshare interests in which he has acted as a
				  developer.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1431 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 101 - Authority › Section LXVII-10101 - Adoption

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules and
				  regulations of the Louisiana Real Estate Appraisers Board contained herein have
				  been adopted pursuant to and in compliance with
				  R.S.
				  37:3391 et seq., and any violation of these
				  rules or regulations shall be sufficient cause for any disciplinary action
				  permitted by law.
B. The terms
license
and
certificate
are used throughout
				  the Louisiana Real Estate Appraisers Law and appraiser board rules and
				  regulations are synonymous.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 103 - License Requirements › Section LXVII-10301 - Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications for
				  licensing shall be submitted on forms prescribed by the board and shall be
				  accompanied by the prescribed fees in
				  R.S.
				  37:3407.
B. An examination authorization will be
				  issued by the board on receipt of a properly completed application.
C. When an applicant has made a false
				  statement of material fact on an initial or renewal application for a license,
				  or in any document submitted in connection with the application process, such
				  false statement may in itself be grounds for refusal of a license.
D. The responsibility for timely submission
				  of the renewal application and payment of the required fees rests solely with
				  the applicant.
E. A nonresident
				  real property appraiser licensed in another state, commonwealth, or territory
				  shall submit a completed application form and fees prescribed by the board,
				  including an irrevocable consent to service of process in this state.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 103 - License Requirements › Section LXVII-10303 - Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any applicant
				  who fails an examination may apply to retake the examination by submitting a
				  copy of the fail notice and a new examination processing fee to the board
				  within 90 days of failed test date. After one year, the applicant shall be
				  required to submit a new application and remit all prescribed fees to be
				  eligible for the licensing examination.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 103 - License Requirements › Section LXVII-10305 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				  otherwise provided in the rules and regulations of the board, all fees
				  submitted to the board are nonrefundable.
B. The application fee for a license shall
				  cover a period of no more than two calendar years and shall not be
				  prorated.
C. The initial education
				  provider fee shall cover a period of one calendar year and shall not be
				  prorated.
D. Payment of any fee
				  with a check that is returned by a financial institution, wherein the reason
				  for not paying the check is not the fault of the financial institution, shall
				  be grounds for the cancellation of the transaction for which the fee was
				  submitted and/or the suspension or revocation of a license or
				  certificate.
E. Persons issuing
				  checks that are returned by financial institutions will be notified of the
				  return of the check by certified mail to the address registered with the board.
				  Within 10 days from the mailing of the notification, the person issuing the
				  check shall remit a certified check, cashier's check or money order payable to
				  the Louisiana Real Estate Appraisers Board in the amount of the returned check
				  plus a $25 processing fee.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 103 - License Requirements › Section LXVII-10307 - Education Requirements (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 103 - License Requirements › Section LXVII-10308 - Appraiser Trainees

Current through Register Vol. 50, No. 6, June 20, 2024
A. A certified
				  residential or certified general real property appraiser may engage a licensed
				  appraiser trainee to assist in the performance of real estate appraisals,
				  provided the following criteria are met:
1.
				  The certified residential or certified general real property appraiser shall
				  supervise no more than a total of three trainees at any one time, either as
				  employees or subcontractors, in all states.
2. The certified residential or certified
				  general real property appraiser shall be responsible for the conduct of the
				  licensed appraiser trainees and shall supervise their work product, in
				  accordance the guidelines and requirements of the "2018-2019 Uniform Standards
				  of Professional Appraisal Practice" or its successor.
3. The supervising certified residential or
				  certified general real property appraiser shall accompany the licensed
				  appraiser trainee on inspections of the subject property until the certified
				  residential or certified general real property appraiser feels the appraiser
				  trainee is competent to do so based on the type of property and
				  assignment.
4. The supervising
				  certified residential or certified general real property appraiser shall sign
				  every appraisal report prepared by a licensed appraiser trainee who acts under
				  the supervision of the certified residential or certified general real property
				  appraiser.
5. The supervising
				  certified residential or certified general real property appraiser shall
				  immediately notify the board and the licensed appraiser trainee in writing when
				  the certified residential or certified general real property appraiser
				  terminates the supervision of the licensed appraiser trainee. The trainee must
				  suspend practice unless he/she has more than one supervisor or must get
				  supervision from another supervisor.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 103 - License Requirements › Section LXVII-10311 - Residential Experience Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A minimum of 1500 hours of appraisal
				  experience in no fewer than 12 months is required.
1. When an appraisal report is signed by more
				  than one person, credit for said assignment shall be claimed according to the
				  number of actual hours worked by each person. For the purpose of granting
				  credit, a person signing in the capacity of a review or supervisory appraiser
				  is not considered as a co-signer on the report, provided that his or her role
				  as such is clearly indicated in the report.
2. If the person applying for experience
				  credit was unable to sign the report but is mentioned in the certification as
				  having provided significant professional assistance, a proportional amount of
				  credit based on the number of contributors to the report can be requested.
				  Credit will not be granted if professional assistance was not
				  disclosed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 103 - License Requirements › Section LXVII-10313 - General Experience Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Three thousand hours of appraisal
				  experience in no fewer than 18 months is required, where a minimum of 1500
				  hours must be obtained in non-residential appraisal work.
1. When an appraisal report is signed by more
				  than one person, credit for said assignment shall be claimed according to the
				  number of actual hours worked by each person. For the purpose of granting
				  credit, a person signing in the capacity of a review or supervisory appraiser
				  is not considered as a co-signer on the report, provided that his or her role
				  as such is clearly indicated in the report.
2. If the applicant for experience credit was
				  unable to sign the report, but is mentioned in the certification as having
				  provided significant professional assistance, a proportional amount of credit
				  based on the number of contributors to the report can be requested. Credit will
				  not be granted if professional assistance was not disclosed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 103 - License Requirements › Section LXVII-10315 - Appraisal Review Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  In reviewing an appraisal, the appraiser must observe the following guidelines:
1. identify the report being reviewed, the
				  real estate and real property interest being appraised, the effective date of
				  the opinion in the report being reviewed, and the date of the review;
2. identify the scope of the review process
				  to be conducted;
3. form an opinion
				  as to the adequacy and relevance of the data and the propriety of any
				  adjustments to the data;
4. form an
				  opinion as to the appropriateness of the appraisal methods and techniques used
				  to develop the reasons for any disagreements;
5. form an opinion as to the correctness and
				  appropriateness of the analyses, opinions, and/or conclusions in the report
				  being reviewed, and develop the reasons for any disagreements;
6. state in the letter of transmittal whether
				  or not exterior or interior building inspections were made and, if so, when and
				  by whom;
7. the review must be in
				  writing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 103 - License Requirements › Section LXVII-10317 - Co-Signed Reports, Reviews, Articles and Textbooks (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 103 - License Requirements › Section LXVII-10319 - Temporary Practice License

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  applicant shall be granted a temporary practice license to perform the
				  appraisal assignment described in his or her application, if:
1. the applicant has filed a properly
				  completed application;
2. the
				  applicant has submitted the required fee with the application;
3. the applicant has satisfied the board as
				  to his qualifications and eligibility for temporary licensing privileges;
				  and
4. the time projected by the
				  applicant for completion of the assignment is reasonable, given the scope and
				  complexity of the assignment.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 104 - Education Providers/Course Approval › Section LXVII-10401 - Approval of Education Providers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon approval by the board, education
				  providers shall be approved for a period of one year, expiring annually on
				  December 31.
B. The occurrence of
				  any of the following events shall constitute grounds for refusal to grant
				  approval as an education provider:
1. the
				  applicant has been convicted of a forgery, embezzlement, obtaining money under
				  false pretenses, larceny, extortion, conspiracy to defraud, or theft, or has
				  been convicted of a felony or a crime involving moral turpitude in any court of
				  competent jurisdiction;
2. the
				  applicant has made a false statement of material fact on the
				  application;
3. the applicant
				  refuses to agree to monitoring of courses by the board or its duly authorized
				  representatives.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 104 - Education Providers/Course Approval › Section LXVII-10403 - Approval of Qualifying/Continuing Education Courses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Education providers shall apply directly
				  to the board for qualifying and continuing education course approval.
				  Application forms will be provided by the board. Information to be submitted
				  for each course offering shall include:
1.
				  course content;
2. program
				  structuring;
3. course completion
				  standards;
4. instructor
				  qualifications;
5. minimum number
				  of classroom hours;
6. textbook and
				  course materials;
7. any additional
				  information as requested by the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 104 - Education Providers/Course Approval › Section LXVII-10405 - Course Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board shall require approved providers to follow model curriculum guidelines in
				  accordance with
The Real Property Appraiser Qualification
				  Criteria,
May 2018, prescribed by the Appraiser Qualifications Board
				  of the Appraisal Foundation (AQB) to assure comprehensive coverage of appraisal
				  topics which meet the educational requirements for trainee, certified
				  residential, and certified general real property appraiser licenses.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 104 - Education Providers/Course Approval › Section LXVII-10407 - Qualifying Education

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				  shall require approved providers to follow model curriculum guidelines in
				  accordance with
The Real Property Appraiser Qualification
				  Criteria,
May 2018, prescribed by the Appraiser Qualifications Board
				  of the Appraisal Foundation (AQB), or its successor, to assure comprehensive
				  coverage of appraisal topics which meet the qualifying educational requirements
				  for trainee, certified residential, and certified general real property
				  appraiser licenses.
B. - F.
				  Repealed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 104 - Education Providers/Course Approval › Section LXVII-10409 - Continuing Education

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				  shall require approved providers to follow model curriculum guidelines in
				  accordance with
The Real Property Appraiser Qualification
				  Criteria,
May 2018, prescribed by the Appraiser Qualifications Board
				  of the Appraisal Foundation (AQB), or its successor, to assure comprehensive
				  coverage of appraisal topics which meet the continuing educational requirements
				  for trainee, certified residential, and certified general real property
				  appraiser licenses.
B. Education
				  that is not obtained through a board-certified continuing education provider
				  shall be submitted to the board prior to renewal for review and approval
				  towards the annual continuing education requirement.
C. Course work completed by licensees through
				  non-approved providers will be considered for credit by the board on an
				  individual basis.
D. Licensees
				  seeking approval for course work obtained through non-approved providers must
				  apply directly to the board for credit toward the license renewal requirement.
				  Each submission shall include a cover letter that contains the licensee's
				  complete name, mailing address, and telephone number, with the following
				  documentation:
1. certificate of
				  completions;
2. hours
				  completed;
3. date of
				  completion;
4. detailed course
				  content information;
5.
				  verification of successful completion of an examination on course content, if
				  applicable.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 104 - Education Providers/Course Approval › Section LXVII-10411 - Instructor Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Instructors for qualifying education courses must satisfy at least one of the
				  following qualification requirements:
1. a
				  baccalaureate degree in any field and three years of experience directly
				  related to the subject matter to be taught;
2. a master's degree in any field and one
				  year of experience directly related to the subject matter to be
				  taught;
3. a masters or higher
				  degree in a field that is directly related to the subject matter to be
				  taught;
4. five years of real
				  estate appraisal teaching experience directly related to the subject matter to
				  be taught; or
5. seven years of
				  real estate appraisal experience directly related to the subject matter to be
				  taught.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 104 - Education Providers/Course Approval › Section LXVII-10413 - Americans with Disabilities Act (ADA) Compliance

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of meeting the requirements
				  of the Americans with Disabilities Act (ADA), the board may permit an
				  alternative method of course delivery other than the regular method of
				  presentation. Verification of the disability of the individual requiring
				  completion of the course work through an alternative delivery method may be
				  required by the board prior to granting such a request.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 104 - Education Providers/Course Approval › Section LXVII-10417 - Distance Education Courses

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Distance education courses may be used as qualifying education credit for
				  obtaining a license or continuing education for license renewal, provided the
				  courses and instructors are approved or certified by the Appraiser
				  Qualifications Board of the Appraisal Foundation (AQB) or the International
				  Distance Education Certification Center (IDECC).
B. Any educational course based on the
				  geographical separation of the learner and the instructor (e.g., CD ROM,
				  on-line learning, correspondence courses, video conferencing, etc.) must
				  provide for interaction between the learner and the instructor. Courses
				  designed for both qualifying education credit and continuing education credit
				  must include testing and proof of passage shall be furnished to students
				  successfully completing the examination.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.