reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.5 - Licensing and Scope of Practice › Rule 24.207.505 - QUALIFYING EDUCATION REQUIREMENTS FOR LICENSED REAL ESTATE APPRAISERS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-54-105,
					 MCA IMP:
					 37-1-131,
					 37-54-105,
					 37-54-202,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.5 - Licensing and Scope of Practice › Rule 24.207.506 - QUALIFYING EDUCATION REQUIREMENTS FOR RESIDENTIAL CERTIFICATION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-54-105,
					 37-54-303,
					 MCA IMP:
					 37-1-131,
					 37-54-105,
					 37-54-303,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.5 - Licensing and Scope of Practice › Rule 24.207.507 - QUALIFYING EDUCATION REQUIREMENTS FOR GENERAL CERTIFICATION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-54-105,
					 37-54-303,
					 MCA IMP:
					 37-1-131,
					 37-54-105,
					 37-54-303,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.5 - Licensing and Scope of Practice › Rule 24.207.508 - AD VALOREM TAX APPRAISAL EXPERIENCE

Current through Register Vol. 13, July 5, 2024
(1)
				Applicants for licensure or certification may claim 100 percent of the required
				experience from conducting ad valorem appraisal assignments with the Montana
				Department of Revenue.
(2) In
				addition to the general requirements for application, applicants under this
				rule shall provide :
(a) an experience log
				prescribed by the board and attested to by the applicant's supervisor that the
				appraisals claimed for experience have been performed in compliance with USPAP
				Standards 5 and 6.
(i) For licensure as a
				licensed real estate appraiser and licensure as a certified residential real
				estate appraiser, the appraisals must be for residential properties.
(ii) For licensure as a certified general
				real estate appraiser, the appraisals must be for nonresidential
				properties.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.5 - Licensing and Scope of Practice › Rule 24.207.509 - QUALIFYING EXPERIENCE

Current through Register Vol. 13, July 5, 2024
(1) Timber and
				mineral valuations shall not qualify as real estate appraisal experience,
				unless performed in conjunction with a real estate appraisal assignment
				involving real property.
(2) The
				board will use the following maximum hourly credit as a guide toward the
				crediting of experience hours:
(a) single
				unit residential (one unit dwelling)
(i)
				appraisal report 12
(ii)
				restricted appraisal report 12
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.5 - Licensing and Scope of Practice › Rule 24.207.510 - SCOPE OF PRACTICE (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-54-105,
					 MCA IMP:
					 37-1-131,
					 37-54-105,
					 37-54-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.5 - Licensing and Scope of Practice › Rule 24.207.515 - INACTIVE LICENSE/CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A
				licensed or certified appraiser can place their license or certification in an
				inactive status by notifying the board in writing.
(2) Inactive licensees must pay their
				inactive renewal fee annually to avoid license lapse and termination.
(3) Inactive licensees must pay
				their inactive renewal fee annually. Failure to renew the inactive status or
				become active will ressult in the lapsing of their license or
				certification.
AUTH:
					 37-1-131,
					 37-1-319,
					 37-54-105,
					 MCA IMP:
					 37-1-131,
					 37-1-319,
					 37-54-105,
					 37-54-310,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.5 - Licensing and Scope of Practice › Rule 24.207.516 - INACTIVE TO ACTIVE LICENSE

Current through Register Vol. 13, July 5, 2024
(1) For a
				licensed or certified real estate appraiser to become active, the appraiser
				must:
(a) file an updated application form
				with the board office and pay the required reactivation fee in accordance with
				ARM 24.207.401; and
(b) complete all required continuing
				education hours that would have been required if the licensee was in an active
				status, including the most recent edition of a 7-hour National USPAP Update
				Course (or AQB-approved equivalent).
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.5 - Licensing and Scope of Practice › Rule 24.207.517 - Trainee Requirements

Current through Register Vol. 13, July 5, 2024
(1) A trainee
				shall apply to the board as required in ARM
				24.207.502(1).
(2) A trainee who has completed
				500 hours of training may exercise a one-time option to submit to the board for
				review an appraisal of the type of property for which the trainee seeks
				licensure to determine if the appraisal complies with USPAP.
(3) Applying the same criteria for reciprocal
				applicants in ARM 24.207.502, the board will accept hours earned in another
				jurisdiction as a licensed trainee in an AQB-compliant training program.
AUTH:
					 37-1-131,
					 37-54-105,
					 MCA IMP:
					 37-1-131,
					 37-54-105,
					 37-54-202,
					 37-54-303,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.5 - Licensing and Scope of Practice › Rule 24.207.518 - Mentor requirements

Current through Register Vol. 13, July 5, 2024
(1) A certified
				appraiser who intends to supervise a trainee shall first obtain a license
				endorsement by applying to the board as required in ARM
				24.207.502.
AUTH:
					 37-1-131,
					 37-54-105,
					 MCA IMP:
					 37-1-131,
					 37-54-105
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.5 - Licensing and Scope of Practice › Rule 24.207.519 - APPRAISER REPORTING OBLIGATIONS TO THE BOARD

Current through Register Vol. 13, July 5, 2024
(1) All licensees shall report in writing to
				the board, within ten days of the occurrence of:
(a) change in the licensee's physical,
				postal, or e-mail address, or phone numbers;
(b) constructive notice to the licensee of a
				final order of disciplinary action, an order of summary suspension, or legal
				action related to the practice of real estate appraisal against the licensee;
				and
(c) personal knowledge of the
				licensee of the unprofessional conduct of another licensee.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.5 - Licensing and Scope of Practice › Rule 24.207.520 - RENEWALS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-1-319,
					 37-54-105,
					 MCA; IMP:
					 37-1-131,
					 37-1-141,
					 37-1-319,
					 37-54-105,
					 37-54-310,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.15 - Appraisal Management Company › Rule 24.207.1501 - REGISTRATION AND RENEWAL OF APPRAISAL MANAGEMENT COMPANIES

Current through Register Vol. 13, July 5, 2024
(1) An applicant for registration as an
				appraisal management company in Montana must:
(a) submit a complete application on forms
				prescribed by the department;
(b)
				submit the appropriate fees;
(c)
				provide the appraisal management company employer identification number (EIN)
				or Tax ID number for Montana;
(d)
				provide the information required in
				37-54-501,
				MCA;
(e) provide contact
				information for the persons described in
				37-54-501,
				MCA. Such persons must provide contact information for all forms of
				communication used by the person in connection with the appraisal management
				company, including the person's physical office address, mailing address,
				telephone number, facsimile number, electronic mail address, and web site
				address;
(f) include proof that
				the entity and all persons described in
				37-54-501,
				MCA, have satisfied the registration requirements, if any, of Title 35 of the
				Montana Code Annotated and the Montana Secretary of State's Office;
(g) provide a list of all states in which the
				appraisal management company is currently located and/or providing appraisal
				management services;
(h) provide
				verifications from all states in which the appraisal management company is
				licensed, registered, or has ever been licensed or registered; and
(i) provide specific information requested by
				the board regarding the business practices, any civil, criminal, or
				administrative actions, ethical practice of the appraisal management company's
				individual owners of the company, and controlling and contact persons as part
				of the background examination pursuant to
				37-54-503,
				MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.15 - Appraisal Management Company › Rule 24.207.1504 - APPRAISER PANEL LIST FOR APPRAISAL MANAGEMENT COMPANIES

Current through Register Vol. 13, July 5, 2024
(1) Amending the appraiser panel list is
				defined as the addition or deletion of a licensed or certified appraiser from
				the appraisal management company's appraiser panel.
(2) A registered appraisal management company
				must notify the board of any amendment to its appraiser panel list within ten
				days of the amendment. Except as provided in (3) or (4), an appraisal
				management company that amends its appraiser panel list must pay the amendment
				fee specified in ARM
				24.207.401.
(3) An appraisal management company is exempt
				from paying the amendment fee for deleting or removing an appraiser as a result
				of documented violations of the Uniform Standards of Professional Appraisal
				Practice (USPAP).
(4) An appraisal
				management company must submit a current and complete list of all panel members
				with the renewal application annually. Additions and deletions submitted with
				the renewal application will not be assessed the amendment fee.
37-1-131,
					 37-54-105,
					 MCA; IMP,
					 37-1-131,
					 37-54-501,
					 37-54-509,
					 37-54-510,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.15 - Appraisal Management Company › Rule 24.207.1507 - APPRAISAL MANAGEMENT COMPANY RECORD-KEEPING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the requirements of
				37-54-513, MCA, the
				following documentation must be kept and made available to the board or its
				designee for audit purposes upon request:
(a)
				a complete original locked (PDF) version of the appraisals assigned;
(b) documentation of all alterations of the
				appraisal report pursuant to
				37-54-516,
				MCA, which must be kept with the originally submitted appraisal report;
(c) documentation of proof of
				payment in accordance with
				37-54-515,
				MCA;
(d) a list of all appraisal
				panel members, including dates the panel members were added or
				deleted;
(e) a list of all
				engagements, including the name of requesting entity, the appraiser assigned,
				and the dates assigned and completed. If use of trainees or interoffice
				transfers is restricted, then the AMC's client or end-user policy must be
				attached to the engagement letter or contract for services;
(f) a list indicating the number of
				engagements per panel member on a yearly basis;
(g) copies of all contracts/agreements with
				appraisal panel members;
(h)
				documentation of qualifications and ownership of the appraisal management
				company;
(i) verifications of
				licensure or certification for all appraisal panel members, controlling
				persons, contact individuals, and any employees who are responsible for
				ordering appraisals, providing quality control examinations, or communicating
				with appraisers and independent contractors who perform appraisal reviews for
				property located in the state of Montana;
(j) documentation of all quality control
				examinations conducted for each completed engagement; and
(k) documentation of the annual appraisal
				reviews of all the panel appraisers who performed appraisal assignments for the
				appraisal management company, on a periodic basis to verify appraisal
				assignments are being conducted in accordance with the USPAP.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.15 - Appraisal Management Company › Rule 24.207.1508 - COMPLAINTS INVOLVING APPRAISAL MANAGEMENT COMPANIES

Current through Register Vol. 13, July 5, 2024
(1) The board may share complaints and other
				information about an appraisal management company with other regulators of the
				appraisal management company.
(2)
				An appraisal management company shall report a potential Uniform Standards of
				Professional Appraisal Practice (USPAP) violation to the board within 90 days
				of discovering the potential violation.
37-1-131,
					 37-54-105,
					 MCA; IMP,
					 37-1-131,
					 37-1-136,
					 37-54-507,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.15 - Appraisal Management Company › Rule 24.207.1509 - AMC AUDIT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Upon request
				of the board or board's representative, each appraisal management company
				selected for audit must provide the following information to the board office
				in the form required by the board:
(a)
				company written policy for quality control examinations and appraisal
				reviews;
(b) company written policy
				for determining the good standing of each appraiser panel member;
(c) company written policy requiring
				appraisers completing appraisal assignments, at its request, to comply with the
				Uniform Standards of Professional Appraisal Practice, including the
				requirements for geographic and product competence; and
(d) the following information regarding the
				removal of an appraiser from the company's appraiser panel:
(i) number of appraisers removed from the
				panel in the 12 months preceding renewal;
(ii) reasons for each removal, if not
				otherwise provided in the written removal notification; and
(iii) a copy of the written removal
				notification provided to each appraiser that was removed.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.21 - Continuing Education › Rule 24.207.2101 - CONTINUING EDUCATION - COMPLIANCE AND AUDITING

Current through Register Vol. 13, July 5, 2024
(1) The board shall direct by motion a
				percentage of licensees to audit for compliance with continuing education
				requirements. Audited licensees shall provide copies of completion certificates
				to the board office as directed by the audit request.
(2) Failure to respond to the audit or to
				comply with continuing education requirements may result in the administrative
				suspension of the license and reporting to the appraiser national registry
				until the licensee cures the continuing education deficiency. Repeated failures
				by a licensee to respond to or comply with a continuing education audit may
				result in the filing of a complaint and referral for disciplinary action.
(3) If more than 10 percent of
				appraisers audited fail to meet continuing education requirements, the board
				shall conduct the next annual audit using a higher percentage of audited
				appraisers as set by board motion.
(4) Licensees shall retain completion
				certificates for a period of five years.
AUTH:
					 37-1-131,
					 37-1-319,
					 37-54-105,
					 37-54-303,
					 MCA IMP:
					 37-1-131,
					 37-1-306,
					 37-1-319,
					 37-1-321,
					 37-54-105,
					 37-54-303,
					 37-54-310,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.21 - Continuing Education › Rule 24.207.2102 - CONTINUING EDUCATION NONCOMPLIANCE (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-136,
					 37-1-319,
					 37-54-105,
					 MCA IMP:
					 37-1-131,
					 37-1-136,
					 M
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.23 - Unprofessional Conduct › Rule 24.207.2301 - UNPROFESSIONAL CONDUCT FOR APPRAISERS

Current through Register Vol. 13, July 5, 2024
(1) In
				addition to the provisions of
				37-1-316,
				MCA, the following are also considered unprofessional conduct:
(a) failing to comply with any law or rule
				governing the conduct of an appraiser;
(b) failing to provide information or
				documents requested by the board or its designee in relation to an audit,
				investigation, or complaint;
(c)
				failing to comply with continuing education, reporting, or renewal
				requirements; or
(d) failing to
				provide adequate supervision of a trainee by a mentor.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.23 - Unprofessional Conduct › Rule 24.207.2305 - UNPROFESSIONAL CONDUCT FOR APPRAISAL MANAGEMENT COMPANIES

Current through Register Vol. 13, July 5, 2024
(1) In addition to the provisions of
				37-1-316
				and
				37-54-519,
				MCA, the following are also considered unprofessional conduct for appraisal
				management companies:
(a) failing to comply
				with any law or rule governing the conduct of an appraisal management
				company;
(b) failing to provide
				information requested by the board or its designee in relation to an audit,
				investigation, or complaint;
(c)
				violating any of the appraiser independence prohibitions found in
				37-54-514,
				MCA; or
(d) failing to provide to
				an appraiser a copy of a client's or end-user's policy restricting use of
				trainees or interoffice transfers.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.207 - BOARD OF REAL ESTATE APPRAISERS › Subchapter 24.207.23 - Unprofessional Conduct › Rule 24.207.2315 - ADMINISTRATIVE SUSPENSION

Current through Register Vol. 13, July 5, 2024
(1) The board
				authorizes the department to:
(a)
				administratively suspend licenses for deficiencies set forth in
				37-1-321(1)(a)
				though (e), MCA; or
(b) file a
				complaint pertaining to the deficiencies in (1) that are based on repeated or
				egregious conduct, or that have co-occurring misconduct allegations that
				directly implicate public safety and may warrant formal disciplinary
				action.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.209 - NEW › Subchapter 24.209.4 - New › Rule 24.209.401 - FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) Original
				application $50
(2) Renewal
				50
(3) Prelicensing course
				application 150
(4) All fees are
				nonrefundable.
(5) Examination fees
				are paid directly to the testing service.
AUTH:
					 37-56-102, MCA; IMP:
					 37-56-102,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.209 - NEW › Subchapter 24.209.5 - New › Rule 24.209.501 - APPLICATION TIMELINE

Current through Register Vol. 13, July 5, 2024
(1) Applicants
				must:
(a) complete a 30-hour approved
				property management prelicensing course within 24 months preceding
				application;
(b) pass the licensure
				examination; and
(c) apply for
				licensure within 12 months of the examination date. Failure to do so will
				invalidate exam results.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.209 - NEW › Subchapter 24.209.6 - New › Rule 24.209.601 - TRUST ACCOUNTS

Current through Register Vol. 13, July 5, 2024
(1) Property
				managers who receive any deposits, rent payments, or other monies on behalf of
				other persons must deposit such funds in a trust account per
				37-56-101, MCA, and maintain the
				account according to this rule.
(2)
				Trust accounts must be:
(a) liquid;
(b) readily accessible;
(c) insured in Montana financial
				institutions;
(d) identified as
				trust accounts; and
(e) reconciled
				each month having activity.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.209 - NEW › Subchapter 24.209.22 - New › Rule 24.209.2201 - PRELICENSING COURSE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Course
				approval is valid for three years and may be revoked for cause.
(2) To receive approval, courses must include
				the following topics:
(a) trust
				accounts;
(b) accounting
				procedures;
(c) landlord tenant law
				(Title 70, chapters 24 and 25, MCA);
(d) federal and state fair housing
				laws;
(e) Americans with
				Disabilities Act;
(f) state
				licensing law and rules;
(g)
				contract law;
(h) leasing
				principles;
(i) agency;
				and
(j) definitions and terms
				commonly used in the industry.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.209 - NEW › Subchapter 24.209.22 - New › Rule 24.209.2205 - CONTINUING EDUCATION

Current through Register Vol. 13, July 5, 2024
(1) Renewing
				licensees must complete a minimum of 12 hours of property management CE
				(continuing education) annually. Licensees must select quality programs that:
(a) contribute to professional knowledge and
				competence;
(b) contain
				significant intellectual or practical content; and
(c) are germane to the property management
				profession.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.209 - NEW › Subchapter 24.209.23 - Unprofessional Conduct › Rule 24.209.2301 - UNPROFESSIONAL CONDUCT

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the provisions of
				37-1-410, MCA, it is
				unprofessional conduct for property managers to:
(a) violate a federal, state, or local law or
				rule relating to the conduct of the profession;
(b) engage the services of any person or
				entity on behalf of a principal, third-party, or other person, without:
(i) informing and obtaining consent from the
				person obligated to pay for the services; and
(ii) disclosing any family relationship,
				financial relationship, and/or financial interest that the licensee or the
				licensee's business may have in the person or entity being engaged;
(c) manage property owned by
				another person or entity without a written property management agreement in
				place, signed by the owner;
(d)
				accept, give, or charge an undisclosed commission, rebate, or profit on
				expenditures made for a principal;
(e) fail to adequately supervise
				employees;
(f) fail to cooperate
				with or respond to a department request;
(g) practice while one's license has expired
				or terminated. Receiving payments for the sale of the licensee's property
				management business without a valid license is not considered practicing as a
				property manager; and
(h) commit
				any act of sexual abuse, misconduct, or exploitation whether or not it is
				related to the licensee's practice.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.1 - Organizational Rule › Rule 24.210.101 - BOARD ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Realty Regulation adopts and incorporates the organizational rules of the
				Department of Labor and Industry as listed in chapter 1 of this
				title.
AUTH:
					 2-4-201,
					 MCA; IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.2 - Procedural Rules › Rule 24.210.201 - PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Realty Regulation adopts and incorporates the procedural rules of the
				Department of Labor and Industry as listed in chapter 2 of this
				title.
AUTH:
					 2-4-201,
					 MCA; IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.2 - Procedural Rules › Rule 24.210.202 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Realty Regulation adopts and incorporates the public participation rules of the
				Department of Labor and Industry as listed in chapter 2 of this
				title.
AUTH:
					 2-3-103,
					 MCA; IMP:
					 2-3-103,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.4 - General Provisions › Rule 24.210.401 - FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) The following
				fees are required for each of the licensing services listed.
(2) All fees are nonrefundable.
(3) Examination fees are payable to the
				testing service under contract with the board.
(4) Original broker license $ 90
(5) Active renewal for broker license
				90
(6) Inactive renewal for broker
				license 45
(7) Original salesperson
				license 80
(8) Active renewal for
				salesperson license 80
(9) Inactive
				renewal for salesperson license 40
(10) Change of salesperson supervising
				broker:
(a) submitted by mail 40
(b) submitted online no fee
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.4 - General Provisions › Rule 24.210.405 - APPLICATION OF RULES-SUBCHAPTER DISTINCTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-51-203,
					 37-53-104,
					 MCA; IMP,
					 37-51-203,
					 37-53-104,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.4 - General Provisions › Rule 24.210.406 - SEVERABILITY

Current through Register Vol. 13, July 5, 2024
(1) If any section, subsection, sentence,
				clause or phrase of these rules be for any reason held to be invalid, such
				holding shall not affect the validity of the remaining portion of said rules.
				The Montana Board of Realty Regulation hereby declares that it would have
				passed and adopted these rules in each section, subsection, sentence, clause or
				phrase thereof, separately and irrespective of the fact that any one or more of
				them be held invalid.
37-1-131,
					 37-51-203, MCA;
					 IMP,
					 37-51-202,
					 37-51-203,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.4 - General Provisions › Rule 24.210.410 - PURPOSE OF BOARD

Current through Register Vol. 13, July 5, 2024
(1) It is the
				purpose of this board to regulate the licensing of applicants and the practice
				of licensees in order to safeguard the public interest and require knowledge,
				competency, accountability, and professional conduct by all licensees doing
				business in the state of Montana.
37-1-131,
					 37-51-203, MCA;
					 IMP,
					 37-1-131,
					 37-1-316,
					 37-51-202,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.4 - General Provisions › Rule 24.210.411 - BOARD MEETINGS

Current through Register Vol. 13, July 5, 2024
(1) Board meetings
				shall be scheduled at a time and place as may be determined by the
				board.
37-1-131,
					 37-51-203, MCA;
					 IMP,
					 37-1-131,
					 37-1-307,
					 37-51-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.4 - General Provisions › Rule 24.210.412 - RECORD OF MINUTES AND HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) The
				public record of the meetings of the board is available for public inspection
				at the office of the board during usual business hours.
37-51-203, MCA;
					 IMP,
					 37-51-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.4 - General Provisions › Rule 24.210.416 - APPLICATIONS FOR EXAMINATION AND LICENSE IN GENERAL-BROKER AND SALESPERSON

Current through Register Vol. 13, July 5, 2024
(1) The board may establish procedures for
				review of applications for licensing.
(2) The board may appoint a testing entity to
				process and conduct any examination required by the board.
AUTH:
					 37-1-131,
					 37-51-203, MCA;
					 IMP:
					 37-1-131,
					 37-51-202,
					 37-51-302,
					 37-51-303,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.4 - General Provisions › Rule 24.210.417 - MILITARY TRAINING OR EXPERIENCE

Current through Register Vol. 13, July 5, 2024
(1)
				Pursuant to
				37-1-145,
				MCA, the board shall accept relevant military training, service, or education
				toward the requirements for licensure as a real estate broker, real estate
				salesperson, or property manager.
(2) Relevant military training, service, or
				education must be completed by an applicant while a member of either:
(a) United States Armed Forces;
(b) United States Reserves;
(c) state national guard; or
(d) military reserves.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.4 - General Provisions › Rule 24.210.418 - NONROUTINE APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) For the
				purpose of processing nonroutine applications, the board incorporates the
				definitions of routine and nonroutine at ARM
				24.101.402 by reference.
(2) Nonroutine applications must be reviewed
				and approved by the board before a license may be issued.
AUTH:
					 37-1-131, MCA IMP:
					 37-1-101,
					 37-1-131, MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.4 - General Provisions › Rule 24.210.420 - APPLICANTS WITH CRIMINAL CONVICTIONS

Current through Register Vol. 13, July 5, 2024
(1) The board incorporates ARM
				24.101.406 by reference with no
				modifications.
AUTH:
					 37-1-131, MCA IMP:
					 37-1-101,
					 37-1-131, MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.4 - General Provisions › Rule 24.210.430 - INTERNET ADVERTISING RULES

Current through Register Vol. 13, July 5, 2024
(1)
				Licensees who engage in any form of Internet advertising, including, but not
				limited to, web sites, blogs, video streaming, and social media, either
				directly or indirectly, shall comply with the Internet advertising rules set
				out in this rule. This rule does not apply to traditional forms of advertising
				or promotion, such as newspaper, television, radio advertisements, yard signs,
				or direct mailings.
(2) All
				Internet advertising shall truthfully and accurately describe the real property
				or service advertised. Real property advertisements shall identify the city,
				town, or county in which the real property is located. A specific street
				address is not required.
(3) All
				Internet advertising shall provide licensee identification. The timing and
				placement of such licensee identification shall vary, depending upon the nature
				of the advertisement or promotion, as follows:
(a) Whenever a licensee or brokerage company
				owns a web page or controls its content, every viewable page should include (or
				link to) a licensee identification. (A viewable page is one that may or may not
				scroll beyond the borders of the screen and includes the use of framed
				pages.)
(b) E-mail shall include a
				licensee identification at the beginning or end of each message, unless the
				licensee has previously provided licensee identification to all recipients of
				the e-mail.
(c) News groups,
				discussion lists, and bulletin boards shall include licensee identification at
				the beginning or end of each message.
(d) Licensee identification is not necessary
				in connection with instant messages if the licensee provided the written
				licensee identification via another format or medium (e.g., e-mail or letter)
				prior to providing or offering to provide, licensable services.
(e) Licensee identification is required prior
				to providing or offering to provide licensable services during a chat session
				or in text visible on the same web page that contains a chat session if the
				licensee or brokerage company controls the web site hosting the chat
				session.
(f) Licensee
				identification is required prior to the advertising message or in text visible
				on the same web page that contains a voice over net (VON) session.
(g) Licensee identification is not necessary
				for audible messaging if it was provided via another medium (i.e., e-mail,
				letter) prior to providing or offering to provide licensable
				services.
(h) Licensee
				identification should be visible as part of the advertising message when using
				multimedia advertising (e.g., web-based, executable e-mail, attachments,
				etc.).
(i) Banner ads should link
				to a web page that has licensee identification, unless the banner ad has
				licensee identification contained in it.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.4 - General Provisions › Rule 24.210.435 - INVESTIGATIONS COMMITTEE (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-1-131,
					 37-51-203, MCA;
					 IMP,
					 37-51-202,
					 37-51-322,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.602 - EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) License examinations may be held at such
				times and places determined by the board.
(2) The rules established by the examination
				provider shall be obeyed by all persons taking an examination. A violation of
				the examination provider's rules may result in imposition of any sanction found
				in
				37-1-312,
				MCA.
(3) The board may, from time
				to time, review and amend the examination type, format, and the score upon
				which the pass or fail determination is made.
(4) All test scores may be scaled and equated
				for the specific examination by the testing agency that provides or administers
				the examination. Candidates for licensure must take a board-approved
				examination and make a passing score as determined by a psychometrically sound,
				criterion-related method associated with assessment of minimal competence. The
				method used shall be published prior to the administration of the
				examination.
37-1-131,
					 37-51-203, MCA;
					 IMP,
					 37-1-131,
					 37-1-312,
					 37-1-316,
					 37-51-202,
					 37-51-302,
					 37-51-303,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.603 - APPLICATION FOR EXAMINATION - SALESPERSON AND BROKER (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-1-131,
					 37-51-203, MCA;
					 IMP,
					 37-51-202,
					 37-51-302,
					 37-51-303,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.604 - SUPERVISING BROKER ENDORSEMENT

Current through Register Vol. 13, July 5, 2024
(1) A
				supervising broker endorsement will be issued to any broker completing the
				supervising broker pre-endorsement course. The course will be part of the
				overall continuing education requirement.
(2) An out-of-state broker shall complete the
				supervising broker pre-endorsement course before being issued the supervising
				broker endorsement.
(3) To maintain
				the supervising broker endorsement, a broker shall complete four hours each
				licensure year of board-approved education in the area of supervising broker
				continuing education as designated by the board. This education will be part of
				the overall continuing education requirement.
(4) Only brokers with a current supervising
				broker endorsement or who are attempting to reinstate an expired endorsement
				may get credit for completing supervising broker continuing
				education.
(5) A supervising broker
				who obtains the endorsement by grandfathering may complete the supervising
				broker pre-endorsement education course and receive continuing education credit
				one time.
(6) Failure to complete
				the four-hour supervising broker continuing education requirement shall result
				in the lapsing, expiration, or termination of the supervising broker
				endorsement pursuant to
				37-1-141,
				MCA.
(7) A lapsed or expired
				supervising broker endorsement may be renewed pursuant to
				37-1-141,
				MCA.
(8) A supervising broker
				endorsement cannot be placed on inactive status. In order to maintain the
				endorsement, the supervising broker must complete the supervising broker
				continuing education annually. Failure to complete the supervising broker
				continuing education will result in the endorsement lapsing, expiring, and
				terminating.
(9) A supervising
				broker endorsement that has terminated cannot be reinstated. A broker will be
				required to meet the current requirements to obtain the supervising broker
				endorsement again.
AUTH:
					 37-1-131,
					 37-51-203, MCA;
					 IMP:
					 37-1-131,
					 37-1-141,
					 37-1-319,
					 37-51-202,
					 37-51-204,
					 37-51-302,
					 37-51-303,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.605 - REASONABLE SUPERVISION

Current through Register Vol. 13, July 5, 2024
(1) Supervising
				brokers shall provide reasonable supervision for licensed salespersons with two
				or more years of experience that shall include, but not be limited to,
				compliance with the following:
(a)
				maintaining a written office policy describing the duties and responsibilities
				of licensees affiliated with the broker. A copy of the written policy shall:
(i) be given to, read, and signed by each
				licensee; and
(ii) be available for
				inspection, upon request, by any authorized representative of the board;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.606 - HIGH LEVEL OF SUPERVISION

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the requirements of ARM 24.210.605, a supervising broker shall provide a high
				level of supervision for licensed salespersons with less than two years of
				experience or have less than ten transaction sides in a calendar year as
				follows:
(a) provide specific training in
				office policies and procedures;
(b) review and provide assistance in
				preparing contracts;
(c) monitor
				transactions from contract to closing; and
(d) review documents in preparation for
				closing.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.610 - PREDETERMINATION FOR LICENSING (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-51-203, MCA;
					 IMP:
					 37-1-135,
					 37-1-137,
					 37-1-203,
					 37-1-307,
					 37-1-319,
					 37-51-202,
					 37-51-302,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.611 - APPLICATION FOR LICENSE-SALESPERSON AND BROKER

Current through Register Vol. 13, July 5, 2024
(1) Applicants for license must make
				application on forms approved by the board and accompanied by the required
				fee.
(2) No application for license
				will be accepted by the board until the individual has made application for and
				successfully completed the examination.
(3) All individuals successfully completing
				the examination must apply for licensure within 12 months from the date of
				examination. Failure to make application within that time shall invalidate the
				examination results.
(4) If an
				applicant currently holds, or has ever held a real estate license in another
				jurisdiction, a license verification from that licensing jurisdiction is
				required before a Montana license will be issued.
(5) All experience, including transactions,
				must be presented on board forms.
(6) A waiver applicant must hold a current
				active license in good standing.
(7) All waiver applicants will be required to
				pass the state examination.
(8) In
				addition to (1) through (7), all applicants for licensure as a salesperson
				must:
(a) submit proof of completing 70 hours
				of approved prelicensing education obtained within a period of 24 months
				immediately preceding the date of the submission of the application;
				and
(b) submit the proposed
				supervising broker's certification of the applicant's good repute and the
				broker's written acceptance of responsibility for supervising the licensed
				activities of the salesperson.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.615 - APPLICATION FOR DETERMINATION OF EQUIVALENT EXPERIENCE FOR BROKER LICENSING (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-51-203, MCA
					 IMP:
					 37-51-202,
					 37-51-302,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.616 - WAIVER OF EXPERIENCE REQUIREMENT FOR BROKER LICENSING PROHIBITED (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-51-203, MCA;
					 IMP:
					 37-51-202,
					 37-51-302,
					 37-51-306,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.621 - NONRESIDENT LICENSE - SALESPERSON AND BROKER (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-1-131,
					 37-51-203, MCA;
					 IMP,
					 37-51-202,
					 37-51-302,
					 37-51-306,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.624 - INACTIVE LICENSES

Current through Register Vol. 13, July 5, 2024
(1) A licensed
				broker or salesperson not engaged in licensed activities may place the
				licensee's license on inactive status by completing the change form requesting
				that the license be placed inactive and paying the required fee in accordance
				with ARM
				24.210.401.
A salesperson must also forward a release from the
				  salesperson's supervising broker.
(2) A licensee whose license is on inactive
				status with the board has the sole responsibility to keep the board informed as
				to any change of the licensee's residency or mailing address during the period
				of time the real estate licensee remains on inactive status.
(3) In order to avoid lapse, expiration, or
				termination of the license, an inactive licensee must renew the inactive
				license each renewal period.
(4)
				An inactive licensee does not need to report continuing education until
				converting the license to active status as found in ARM
				24.210.625.
(5) An inactive licensee may not receive
				compensation for real estate activity except for compensation that was earned
				while the license was active or payments made to an inactive licensee as the
				seller of a real estate brokerage business.
AUTH:
					 37-1-131,
					 37-1-319,
					 37-51-203, MCA;
					 IMP:
					 37-1-131,
					 37-1-319,
					 37-51-202,
					 37-51-204,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.625 - INACTIVE TO ACTIVE LICENSE STATUS

Current through Register Vol. 13, July 5, 2024
(1) For
				an inactive real estate licensee to become active, the licensee must:
(a) request to move to an active status via
				the board-provided change form;
(b)
				demonstrate completed continuing education that would have been required if on
				active status not to exceed 24 credits; and
(c) pay the required fee in accordance with
				ARM
				24.210.401
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.629 - RECIPROCITY

Current through Register Vol. 13, July 5, 2024
(1) Subject to
				37-51-306,
				MCA, the board may enter into an agreement with any other jurisdiction
				establishing the conditions through which residents of the other jurisdiction
				may obtain a nonresident license in this state, and establishing terms of
				nonresident practice in this state, if the other jurisdiction grants Montana
				resident licensees the same privileges.
37-1-131,
					 37-51-203, MCA;
					 IMP,
					 37-1-304,
					 37-51-202,
					 37-51-302,
					 37-51-306,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.6 - Brokers and Salespersons › Rule 24.210.635 - RENEWALS

Current through Register Vol. 13, July 5, 2024
(1) Each licensee will renew on or before the
				date set by ARM
				24.101.413.
(2) All licensees, including inactive
				licensees, are required to renew or the license will lapse, expire, or
				terminate per
				37-1-141,
				MCA.
(3) Incomplete renewal forms
				will not be accepted and will be returned to the licensee. Any form returned to
				the licensee must be properly completed and resubmitted before the date as set
				by ARM 24.101.413, or the late penalty fee as specified in ARM
				24.101.403 will
				be required. An unrenewed license will lapse, expire, or terminate per
				37-1-141,
				MCA.
(4) All continuing education
				requirements must be met before a license is renewed.
(5) The provisions of ARM
				24.101.408
				apply.
AUTH:
					 37-1-131,
					 37-51-203, MCA;
					 IMP:
					 37-1-131,
					 37-1-141,
					 37-51-202,
					 MCA