reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 100 - State Seed Arbitration Board › Article 100-02 - Seed Arbitration › Chapter 100-02-01 - Seed Arbitration Process › Section 100-02-01-02 - Petition procedure

Current through Supplement No. 393, July, 2024
1. In the event of
				a dispute involving a seed transaction, a seed labeler, seed dealer, or seed
				customer may petition for seed arbitration by filing a written complaint with
				the agriculture commissioner. The complaint must be filed at the address listed
				in section 100-01-01-01. The petitioner
				shall, in addition to the written complaint, submit an initial fee of two
				hundred fifty dollars payable to the "state seed arbitration board". The
				petitioner shall serve a copy of the complaint upon each party to which the
				complaint is directed.
2. The
				filing of a petition for arbitration is not a prerequisite to a person's right
				to maintain a civil action.
3. If
				seed, which is the basis of the complaint, is labeled by a person other than a
				seed dealer who sells directly to the farmer or other purchaser of seed, the
				commissioner shall mail a copy of the complaint to the person responsible for
				labeling the seed in order for the person to have an opportunity to file an
				answer.
General Authority: NDCC 4-09-20.2
Law Implemented: NDCC 4-02-20.2
North Dakota Administrative Code › Title 100 - State Seed Arbitration Board › Article 100-02 - Seed Arbitration › Chapter 100-02-01 - Seed Arbitration Process › Section 100-02-01-03 - Content of complaint

Current through Supplement No. 393, July, 2024
The complaint shall be legibly typed or printed and, if
				  available to the complainant, must contain the following information or
				  attachments:
1. Any factual
				information relevant to the dispute such as purchase dates, planting dates,
				field location, seeding rates, mechanical planting method, soil tests,
				fertilizer applications, pesticide usage, rates and timing, weather conditions,
				germination or yield tests or comparisons, and audiovisual records such as
				photographs or videotape;
2.
				Information alleging the extent of the seed's failure to perform or to conform
				to the legal requirements of, or representation made about, the seed;
3. A seed tag or label sample
				showing the information required for labeling requirements of seed under North
				Dakota Century Code chapter
				 4-09 or
				 4-10 and applicable rules. A sample
				shall be attached to the complaint for each separate identifiable lot of seed
				if relevant to the complaint;
4.
				The names and addresses of any persons with factual knowledge related to the
				complaint; and
5. Any damages
				sustained or to be sustained.
General Authority: NDCC 4-09-20.2
Law Implemented: NDCC 4-02-20.2
North Dakota Administrative Code › Title 100 - State Seed Arbitration Board › Article 100-02 - Seed Arbitration › Chapter 100-02-01 - Seed Arbitration Process › Section 100-02-01-04 - Answer

Current through Supplement No. 393, July, 2024
Within twenty days after receiving a copy of the complaint,
				  each party to which the complaint is directed may file with the commissioner an
				  answer to the complaint and serve a copy of the answer on the complainant.
General Authority: NDCC 4-09-20.2
Law Implemented: NDCC 4-02-20.2
North Dakota Administrative Code › Title 100 - State Seed Arbitration Board › Article 100-02 - Seed Arbitration › Chapter 100-02-01 - Seed Arbitration Process › Section 100-02-01-05 - Arbitration hearing

Current through Supplement No. 393, July, 2024
Upon receipt of the complaint and filing fee and after the
				  time allowed for the filing and service of an answer, the commissioner shall
				  submit a dispute involving a seed transaction to the chair of the board along
				  with all documents received from the parties. The chair shall convene a hearing
				  of the board for the purpose of gathering information from all parties to the
				  dispute. The initial hearing must be held within sixty days after the date the
				  commissioner received the complaint, unless a party to the dispute requests and
				  receives, for good cause, an extension of time from the chair. The board may,
				  following the initial hearing, hold additional hearings if necessary before
				  submission of a final arbitration report.
General Authority: NDCC 4-09-20.2
Law Implemented: NDCC 4-02-20.2
North Dakota Administrative Code › Title 100 - State Seed Arbitration Board › Article 100-02 - Seed Arbitration › Chapter 100-02-01 - Seed Arbitration Process › Section 100-02-01-06 - Nonbinding recommendation

Current through Supplement No. 393, July, 2024
The board shall issue a final report to the disputing parties
				  within thirty days after the final hearing, unless otherwise determined by the
				  board. The final report shall contain a nonbinding recommendation for the
				  resolution of the dispute.
General Authority: NDCC 4-09-20.2
Law Implemented: NDCC 4-02-20.2
North Dakota Administrative Code › Title 100 - State Seed Arbitration Board › Article 100-02 - Seed Arbitration › Chapter 100-02-01 - Seed Arbitration Process › Section 100-02-01-07 - Procedural and evidentiary rules

Current through Supplement No. 393, July, 2024
The North Dakota rules of evidence and North Dakota rules of
				  civil procedure do not apply in seed arbitration hearings. The board shall mail
				  to all parties to the dispute, at least thirty days before the hearing on the
				  complaint, a copy of the arbitration hearing format and guidelines.
General Authority: NDCC 4-09-20.2
Law Implemented: NDCC 4-02-20.2
North Dakota Administrative Code › Title 100 - State Seed Arbitration Board › Article 100-02 - Seed Arbitration › Chapter 100-02-01 - Seed Arbitration Process › Section 100-02-01-08 - Witnesses - Fees

Current through Supplement No. 393, July, 2024
The board may, at its discretion, call any witnesses. When so
				  called, any fees, if charged, must be shared equally among the parties to the
				  dispute. Each party is responsible for all costs associated with presenting its
				  case. If the cost of arbitration to the board exceeds the initial fee, it shall
				  determine the additional fees to be paid by any of the parties.
General Authority: NDCC 4-09-20.2
Law Implemented: NDCC 4-02-20.2
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-01 - General Administration › Chapter 101-01-01 - Organization of the Board › Section 101-01-01-01 - Organization and history of the board

Current through Supplement No. 393, July, 2024
1.
History and functions.
The
				1991 legislative assembly passed real estate appraiser legislation codified as
				North Dakota Century Code chapter
				43-23.3. This legislation
				requires the governor to appoint a board identified as the North Dakota real
				estate appraiser qualifications and ethics board. The board is responsible for
				licensing and certifying applicants based on specific minimum requirements. The
				board must specifically define the minimum levels of experience, education, and
				testing which an applicant must meet prior to being an apprentice, licensed, or
				certified. The appraiser qualifications board of the appraisal foundation has
				identified the minimum requirements for apprentices and licensed and certified
				appraisers needed to meet the requirements of the federal law, and the board
				adopts those minimums as its requirements. The board must issue permits to
				qualified apprentices and licensed and certified applicants, maintain a
				registry of names and addresses of apprenticed, licensed, and certified
				permittees, discipline permittees when necessary, hold meetings, hearings, and
				examinations in places and at times as it designates, maintain records of board
				activities, and adopt rules necessary to comply with federal and state laws.
The 2017 legislative assembly passed appraisal management
				  legislation codified as North Dakota Century Code chapter
				  43-23.5, giving the board the
				  responsibility to register appraisal management companies.
2.
Board membership.
The board
				consists of five members appointed by the governor. One member must represent
				the public, one member must represent the financial industry, and three members
				must be qualified real estate appraisers, with at least two appriasers being
				certified appraisers. One of the appraiser members must be experienced in the
				appraisal of agricultural property. Board members serve five year terms, with
				one term expiring each year.
3.
Administration - Executive director.
The board may contract for
				services necessary to carry out requirements imposed by state and federal law.
				This could include administrative affiliation with existing entities or
				contracting with independent individuals or entities. The executive director
				must be appointed by the board and is responsible for administering the
				activities of the board and providing other duties and services as authorized
				by the board.
4.
Inquiries.
Inquiries regarding the board may be addressed to the
				executive director at:
North Dakota Real Estate Appraiser Board
P.O. Box 1336
Bismarck, ND 58502-1336
www.ndappraiserboard.org
General Authority:
NDCC
					 43-23.3-03
Law Implemented:
NDCC
					 43-23.3-07
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-01 - Application and Fees for Apprentice, Licensure, and Certification › Section 101-02-01-01 - Application to take the examination

Current through Supplement No. 393, July, 2024
Any person who wishes to file an application to take the
				  examination to qualify as a licensed or certified appraiser may contact the
				  board office.
General Authority:
NDCC
					 43-23.3-03
Law Implemented:
NDCC
					 43-23.3-07
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-01 - Application and Fees for Apprentice, Licensure, and Certification › Section 101-02-01-02 - Application for apprentice, licensure, or certification

Current through Supplement No. 393, July, 2024
A person who wishes to file an application for a permit to be
				  an apprentice appraiser, a licensed appraiser, or a certified appraiser may
				  contact the board office.
General Authority:
NDCC
					 43-23.3-03
Law Implemented:
NDCC
					 43-23.3-05
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-01 - Application and Fees for Apprentice, Licensure, and Certification › Section 101-02-01-02.1 - Denial of application

Current through Supplement No. 393, July, 2024
If an application is denied, the board will notify the
				  applicant of the denial and specify the basis for the denial.
General Authority: NDCC
					 43-23.3-03
Law Implemented: NDCC
					 43-23.3-03
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-01 - Application and Fees for Apprentice, Licensure, and Certification › Section 101-02-01-03 - Filing fees

Current through Supplement No. 393, July, 2024
Fees will not be prorated.
1. The following application fees will be
				charged:
a.
.
Apprentice appraiser permit
$300
b.
Licensed appraiser permit
$400
c.
Certified residential appraiser permit
$400
d.
Certified general appraiser permit
$400
2. The
				following annual renewal fees will be charged:
a.
Apprentice appraiser permit
$350
b.
Licensed appraiser permit
$350 + national registry fee
c.
Certified residential permit
$350 + national registry fee
d.
Certified general permit
$350 + national registry fee
e.
Inactive status
$100
f.
Late filing fee (per month)
$100
3.
				Other fees:
a
.
Temporary practice permit-per contract
$250
b.
Education review for nonpermitted appraisiers
$300
c.
Approval of prelicensing or precertification
							 educational courses
$150
d.
Approval of continuing educational courses:
(1) Courses two to eight hours in length
$50
(2) Courses over eight hours in length
$150
General Authority:
NDCC
					 43-23.3-20
Law Implemented:
NDCC
					 43-23.3-05
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-01 - Application and Fees for Apprentice, Licensure, and Certification › Section 101-02-01-04 - Payment of permit fees

Current through Supplement No. 393, July, 2024
Unpaid fees may be considered cause for denial, suspension,
				  or revocation.
General Authority:
NDCC
					 43-23.3-03
Law Implemented:
NDCC
					 43-23.3-03,
					 43-23.3-20
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-01 - Application and Fees for Apprentice, Licensure, and Certification › Section 101-02-01-05 - Replacement license or certificate fee [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-02 - Definitions, Criteria, and Qualifications › Section 101-02-02-01 - Statutory definitions

Current through Supplement No. 393, July, 2024
Unless otherwise defined, or made inappropriate by context,
				  all terms defined in North Dakota Century Code chapter 43-23.3 have the same
				  meanings in this chapter.
General Authority: NDCC
					 43-23.3-03
Law Implemented: NDCC
					 43-23.3-03
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-02 - Definitions, Criteria, and Qualifications › Section 101-02-02-02 - Appraiser permit definitions, criteria, and qualifications

Current through Supplement No. 393, July, 2024
To apply for and maintain any appraiser permit an individual
				  must meet all of the following requirements:
1. Be at least eighteen years of
				age.
2. Have a high school
				education or its equivalent.
3.
				Possess good character.
4. All
				applicants for permits of apprentice appraiser, licensed appraiser, certified
				residential appraiser, and certified general appraiser agree to follow the
				uniform standards of professional appraisal practice and must satisfy the
				qualification requirements listed in chapter 101-02-02.
General Authority:
NDCC
					 43-23.3-03
Law Implemented:
NDCC
					 43-23.3-08,
					 43-23.3-18
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-02 - Definitions, Criteria, and Qualifications › Section 101-02-02-04 - Transitionally licensed real property appraiser [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-02 - Definitions, Criteria, and Qualifications › Section 101-02-02-05.1 - Certified residential appraiser

Current through Supplement No. 393, July, 2024
1.
Permit.
A certified
				residential appraiser permit must be issued to an individual who successfully
				meets all of the requirements set by the appraiser qualifications board of the
				appraisal foundation for such a permit.
Education, experience, and examination requirements for
				  certified residential are all set by the appraiser qualifications board. The
				  board adopts these as its requirements for certified residential. These
				  requirements may be found in the "Real Property Appraiser Qualification
				  Criteria and Interpretation of the Criteria, Effective May 1, 2018", appraiser
				  qualifications board, appraisal foundation.
2.
Scope of practice.
The
				certified residential appraiser may appraise one-family to four-family family
				residential properties without regard to value or complexity. In addition, a
				certified residential appraiser may appraise noncomplex, nonresidential
				properties, that have a transaction value of up to two hundred fifty thousand
				dollars. The certified residential appraiser is bound by the competency
				provision of the uniform standards of professional appraisal
				practice.
3.
Education.
An applicant for a certified residential appraiser
				permit shall meet all of the education requirements set by the appraiser
				qualifications board of the appraisal foundation.
In addition to the requirements set by the appraiser
				  qualifications board of the appraisal foundation, an applicant for a certified
				  residential appraiser permit must be familiar with North Dakota Century Code
				  chapter
				  43-23.3 and North Dakota
				  Administrative Code title 101.
4.
Experience.
The applicant for
				certified residential appraiser must submit a log from which a selection of
				reports will be reviewed. Collectively the reports must include and demonstrate
				competence and a working knowledge of all three approaches to value. The
				reports submitted must meet the current uniform standards of professional
				appraisal practice as of the effective date of the appraisal and must reflect
				that the applicant has an acceptable level of competency and understanding of
				the principles, practices, and procedures consistent with the body of knowledge
				for the certified residential level.
a.
				Adequate experience will be determined by the actual hours spent on an
				assignment, subject to a maximum established by the board.
(1) Maximum hours awarded are based on the
				types of appraisals performed and the types of properties appraised.
(2) The number of allowable hours assigned
				for each appraisal type are assigned by the board and referenced in paragraph 2
				of subsection a of subsection 4 of section 101-02-02-05.
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-02 - Definitions, Criteria, and Qualifications › Section 101-02-02-06 - Certified general appraiser

Current through Supplement No. 393, July, 2024
1.
Permit.
A certified general
				appraiser permit must be issued to an individual who successfully meets all of
				the requirements for such a permit.
Education, experience, and examination requirements for
				  certified general are all set by the appraiser qualifications board. The board
				  adopts these as its requirements for certified general. These requirements may
				  be found in the "Real Property Appraiser Qualification Criteria and
				  Interpretation of the Criteria, Effective May 1, 2018", appraiser
				  qualifications board, appraisal foundation.
2.
Scope of practice.
The
				certified general appraiser may appraise all types of properties. The certified
				general appraiser is bound by the competency provision of the uniform standards
				of professional appraisal practice.
3.
Education.
An applicant for a
				certified general appraiser permit shall meet all of the education requirements
				set by the appraiser qualifications board of the appraisal foundation. In
				addition to the requirements set by the appraiser qualifications board of the
				appraisal foundation, an applicant for a certified general appraiser permit
				must be familiar with North Dakota Century Code chapter
				43-23.3 and North Dakota
				Administrative Code title 101.
4.
Experience.
The applicant for certification must submit a log
				from which a selection of reports will be reviewed. Collectively the reports
				must include and demonstrate competence and a working knowledge of all three
				approaches to value. The reports submitted must meet the current uniform
				standards of professional appraisal practice as of the effective date of the
				appraisal and must reflect that the applicant has an acceptable level of
				competency and understanding of the principles, practices, and procedures
				consistent with the body of knowledge for the certified general level.
a. Adequate experience will be determined by
				the actual hours spent on an assignment, subject to a maximum established by
				the board.
(1) Maximum hours awarded are
				based on the types of appraisals performed and the types of properties
				appraised.
(2) The number of
				allowable hours assigned for each appraisal type are assigned by the board and
				referenced in paragraph 2 of subdivision a of subsection 4 of section
				101-02-02-05.
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-02 - Definitions, Criteria, and Qualifications › Section 101-02-02-07 - Inactive status

Current through Supplement No. 393, July, 2024
1. A licensed or
				certified appraiser may be assigned to inactive status upon written request.
2. A licensed or certified
				appraiser on inactive status may not directly or indirectly engage in,
				advertise, conduct the business of, or act in any capacity as a licensed or
				certified appraiser
3. A licensed
				or certified appraiser on inactive status must renew a permit as required by
				North Dakota Century Code section
				43-23.3-12 and section
				101-02-04-01, except a licensed
				or certified appraiser on inactive status is not required to complete the
				continuing education required by North Dakota Century Code sections
				43-23.3-12 and
				43-23.3-19 and North Dakota
				Administrative Code section
				101-04-01-01.
4. A licensed or certified appraiser on
				inactive status may be removed from inactive status upon written request and
				proof of completion of all the continuing education that would have been
				required if the licensed or certified appraiser was not on inactive status,
				including the most recent edition of the seven-hour national uniform standards
				of professional appraisal practice update course or its equivalent.
General Authority: NDCC
					 43-23.3-03,
					 43-23.3-12
Law Implemented: NDCC
					 43-23.3-12,
					 43-23.3-19,
					 43-23.3-20
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-02.1 - Nonresident and Temporary Permits › Section 101-02-02.1-01 - Issuance of permits to applicants licensed or certified by another state

Current through Supplement No. 393, July, 2024
1. The board shall issue a permit to an
				applicant who is licensed or certified in good standing by another state if the
				other state's current requirements to be licensed or certified are at least
				substantially equivalent to the current requirements imposed by this state, and
				if grounds for denial of the applications under North Dakota Century Code
				section 43-23.3-18 do not exist.
2. To qualify, the applicant must meet all of
				the following requirements:
a. Submit an
				application on a form provided by the board.
b. Certify that the applicant is licensed or
				certified in good standing in another state.
c. Certify that disciplinary proceedings are
				not pending against the applicant in any jurisdiction.
d. Provide documentation of the current
				requirements of the state in which the applicant was originally licensed or
				certified.
e. Pay the application
				fee.
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-02.1 - Nonresident and Temporary Permits › Section 101-02-02.1-02 - Temporary permit

Current through Supplement No. 393, July, 2024
1. A nonresident of
				this state who has submitted an irrevocable consent to service of process may
				obtain a temporary permit to perform a contract relating to the appraisal of
				real estate in this state.
2. To
				qualify, the applicant must meet all of the following requirements:
a. Submit an application on a form provided
				by the board.
b. Certify that the
				applicant is licensed or certified in good standing in another state.
c. Certify that disciplinary
				proceedings are not pending against the applicant in any jurisdiction.
d. Submit a copy of the contract
				for appraisal services.
e. Sign an
				irrevocable consent to service of process form.
f. Pay the application fee.
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-02.1 - Nonresident and Temporary Permits › Section 101-02-02.1-03 - Nonresident consent to service of process [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-02.1 - Nonresident and Temporary Permits › Section 101-02-02.1-04 - Denial of an application

Current through Supplement No. 393, July, 2024
If an application is denied, the board will notify the
				  applicant of the denial and specify the basis for the denial.
General Authority: NDCC
					 43-23-03
Law Implemented: NDCC
					 43-23-03
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-04 - Renewal › Section 101-02-04-01 - Permit renewal

Current through Supplement No. 393, July, 2024
1. All permits expire on December
				thirty-first of each year.
2. A
				holder of an appraiser permit desiring the renewal of such permit shall, during
				the month preceding the expiration date of such permit, forwardmake application
				and pay the required fee.
3. Permits
				may be renewed up to ninety days after the date of expiration, with payment of
				late fee. The applicant who does not file a renewal application by the
				ninety-day deadline is subject to all requirements governing new
				applicants.
4. A person who, in any
				way, acts as an apprentice, licensed, or certified appraiser while that
				individual's permit is expired will be subject to disciplinary action and
				penalties as described in North Dakota Century Code chapter
				43-23.3.
General Authority:
NDCC
					 43-23.3-03
Law Implemented:
NDCC
					 43-23.3-12,
					 43-23.3-23
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-02 - Appraiser Apprentice, Licensure, or Certification › Chapter 101-02-04 - Renewal › Section 101-02-04-02 - Denial of an application

Current through Supplement No. 393, July, 2024
If an application is denied, the board will notify the
				  applicant of the denial and specify the basis for the denial.
General Authority: NDCC
					 43-23-03
Law Implemented: NDCC
					 43-23-03
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03 - Standards of Appraisal Practice › Chapter 101-03-01 - Standards of Professional Practice Requirements › Section 101-03-01-01 - Copies of uniform standards of professional appraisal practice

Current through Supplement No. 393, July, 2024
Copies of the uniform standards of professional appraisal
				  practice are available for purchase through the appraisal foundation.
General Authority: NDCC
					 43-23.3-03
Law Implemented: NDCC
					 43-23.3-18
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03 - Standards of Appraisal Practice › Chapter 101-03-01 - Standards of Professional Practice Requirements › Section 101-03-01-02 - Standards of appraisal practice requirements

Current through Supplement No. 393, July, 2024
The board adopts as its standards of appraisal practice
				  requirements the standards of professional appraisal practice and ethical rules
				  specified by the uniform standards of professional appraisal practice and all
				  other standards and ethical requirements adopted by the appraisal foundation,
				  effective January 1, 2020.
General Authority:
NDCC 43-23.3-03
Law Implemented:
NDCC
					 43-23.3-18
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03 - Standards of Appraisal Practice › Chapter 101-03-02 - Permit Display › Section 101-03-02-01 - Permit disclosure requirement

Current through Supplement No. 393, July, 2024
All permittees are required to place their permit number and
				  permit type adjacent to the permittees' signature on all appraisal-related
				  activities.
General Authority: NDCC
					 43-23.3-03
Law Implemented: NDCC
					 43-23.3-14
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03 - Standards of Appraisal Practice › Chapter 101-03-03 - Name or Address Change › Section 101-03-03-01 - Change of name or address

Current through Supplement No. 393, July, 2024
All apprentice, licensed, and certified permittees shall
				  notify the board in writing of each change of business address, residence
				  address, or trade name within twenty days of said change. The address must be
				  sufficiently descriptive to enable the board to correspond with and locate the
				  apprentice, licensed, or certified permittee.
General Authority:
NDCC 43-23.3-03
Law Implemented:
NDCC
					 43-23.3-13
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03.1 - Disciplinary Matters › Chapter 101-03.1-01 - Unprofessional Conduct › Section 101-03.1-01-01 - Unprofessional conduct

Current through Supplement No. 393, July, 2024
Any of the following acts and omissions constitute a
				  violation of the standards of professional appraisal practice and are grounds
				  for disciplinary action or denial of an application:
1. Violation or attempted violation of North
				Dakota Century Code chapter 43-23.3 or the rules adopted by the board.
2. Failure to comply with the
				standards of professional appraisal practice and ethical rules specified by the
				uniform standards of professional appraisal practice and all other standards
				and ethical requirements adopted by the appraisal foundation.
3. Engaging in the business of real estate
				appraising under an assumed or fictitious name.
4. Paying a finder's fee or referral fee to
				any person in connection with the appraisal of real estate, but an intracompany
				payment for business development is not unethical.
5. Making a false or misleading statement in
				that portion of a written appraisal report that deals with professional
				qualifications or in any testimony concerning professional qualification.
6. Violation of the confidential
				nature of individual, business, or governmental records to which a permittee
				gained accesses through employment or engagement as an appraiser.
7. Performance of appraisal services beyond
				the permittee's level of competence.
8. Having been disciplined in another state,
				territory, or country relating to a permit or the authorization to practice as
				an appraiser.
9. Negligence,
				refusal, or incompetence in developing an appraisal, preparing an appraisal
				report, or communicating an appraisal.
10. Failing as a licensed or certified
				appraiser to actively and personally supervise an apprentice appraiser or any
				person not licensed or certified under the provisions of North Dakota Century
				Code chapter 43-23.3 who assists the licensed or certified appraiser in
				performing real estate appraisals.
11. Having become permanently or temporarily
				unfit to engage in appraisal activity because of physical, mental, emotional,
				or other causes. Suspension of a permit in cases where the permittee is
				temporarily unfit to conduct appraisal activity shall only be for the period of
				unfitness.
12. Commission of any
				act involving moral turpitude or dishonesty, whether the act is committed in
				the course of the individual's activities as an appraiser or otherwise.
13. Engaging in conduct involving
				dishonesty, fraud, deceit, or misrepresentation.
14. Filing a frivolous complaint against a
				permitted appraiser.
General Authority: NDCC
					 43-23.3-03,
					 43-23.3-22
Law Implemented: NDCC
					 43-23.3-18,
					 43-23.3-22
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03.1 - Disciplinary Matters › Chapter 101-03.1-01 - Unprofessional Conduct › Section 101-03.1-01-02 - Reporting requirements

Current through Supplement No. 393, July, 2024
1. A
				permittee having direct knowledge that any permittee has violated any provision
				of North Dakota Century Code chapter 43-23.3 or the rules adopted by the board
				shall report such knowledge to the board.
2. Upon being convicted of any act which is
				or would be punishable as a felony in this state, or upon being disciplined by
				the authority that regulates apprentice, licensed, or certified appraisers in
				another jurisdiction, an apprentice, licensed, or certified appraiser in this
				state shall notify the board of that fact within thirty days.
General Authority: NDCC
					 43-23.3-03
Law Implemented: NDCC
					 43-23.3-18,
					 43-23.3-22
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03.1 - Disciplinary Matters › Chapter 101-03.1-01 - Unprofessional Conduct › Section 101-03.1-01-03 - Conflict of interest

Current through Supplement No. 393, July, 2024
Any board member having an immediate personal, private, or
				  financial interest in any matter pending before the board shall disclose the
				  fact to the board and shall not vote upon such matter.
General Authority: NDCC
					 43-23.3-03
Law Implemented: NDCC
					 43-23.3-18,
					 43-23.3-22
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03.1 - Disciplinary Matters › Chapter 101-03.1-01 - Unprofessional Conduct › Section 101-03.1-01-04 - Application of standards

Current through Supplement No. 393, July, 2024
The requirements of the uniform standards of professional
				  appraisal practices shall not apply to the board, its agents, and employees
				  when receiving appraisals as part of the application or disciplinary processes.
General Authority: NDCC
					 43-23-03
Law Implemented: NDCC
					 43-23-22
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03.1 - Disciplinary Matters › Chapter 101-03.1-02 - Disciplinary Actions › Section 101-03.1-02-01 - Types of disciplinary action

Current through Supplement No. 393, July, 2024
Disciplinary action by the board may consist of the
				  following:
1.
Revocation.
Revocation terminates an individual's status as an apprentice, licensed,
				or certified appraiser. When a permit has been revoked the permittee shall
				surrender the permit immediately to the board. When a permit has been revoked
				the permittee may not directly or indirectly engage in, advertise, conduct the
				business of, or act in any capacity as an apprentice, licensed, or certified
				appraiser
2.
Suspension.
Suspension is the removal of a permittee's privilege to act as an
				apprentice, licensed, or certified appraiser for a specified minimum period of
				time. When a permit has been suspended the permittee shall surrender the permit
				to the board for the period of suspension. When a permit has been suspended the
				permittee may not directly or indirectly engage in, advertise, conduct the
				business of, or act in any capacity as an apprentice, licensed, or certified
				appraiser, but must maintain the permit by properly renewing it and complying
				with continuing education requirements.
3.
Monetary fine.
A monetary
				fine must be reasonable in light of the conduct of the permittee. A monetary
				fine may include an amount sufficient to reimburse the board for the cost of a
				disciplinary action, or to prevent the permittee from obtaining a financial
				benefit as a result of the permittee's unprofessional or improper conduct.
4.
Issuance of letter of
				reprimand.
Reprimand is a form of discipline which declares the conduct
				of the permittee improper, but does not limit the permittee's right to act as
				an apprentice, licensed, or certified appraiser. Letters of reprimand shall be
				sent to the permittee. The letter of reprimand shall be placed in the
				permittee's file.
5.
Probation.
General Authority: NDCC
					 43-23.3-03,
					 43-23.3-22
Law Implemented: NDCC
					 43-23.3-18,
					 43-23.3-22
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03.1 - Disciplinary Matters › Chapter 101-03.1-02 - Disciplinary Actions › Section 101-03.1-02-03 - Modification of disciplinary action

Current through Supplement No. 393, July, 2024
The board, on its own motion or upon application, at any time
				  after the imposition of any discipline may reconsider its prior action and
				  reinstate or restore such permit or reduce the severity of its prior
				  disciplinary action. The taking of any such further action or the holding of a
				  hearing with respect thereto shall rest in the sole discretion of the board.
General Authority: NDCC
					 43-23.3-03
Law Implemented: NDCC
					 43-23.3-22
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03.1 - Disciplinary Matters › Chapter 101-03.1-02 - Disciplinary Actions › Section 101-03.1-02-04 - Notice of disciplinary action

Current through Supplement No. 393, July, 2024
The board shall notify the disciplinary enforcement agency of
				  other jurisdictions in which the permittee is admitted about any disciplinary
				  action. The board may cause a notice of disciplinary action to be published in
				  the board's newsletter. The notice may clearly identify the permittee affected
				  by the disciplinary action and contain a summary of the circumstances which
				  resulted in the action taken, including a reference to the appropriate rule or
				  statute.
General Authority: NDCC
					 43-23.3-03
Law Implemented: NDCC
					 43-23.3-22
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03.1 - Disciplinary Matters › Chapter 101-03.1-02 - Disciplinary Actions › Section 101-03.1-02-05 - Notice of status

Current through Supplement No. 393, July, 2024
Within ten days after the date of the order by which a
				  permittee's license or certificate is revoked or suspended, the permittee may
				  be required to cause notice to be given by registered or certified mail, return
				  receipt requested, to all current clients.
The board may direct the issuance of notice to such financial
				  institutions or others as may be necessary to protect the interest of clients
				  and other members of the public.
General Authority: NDCC
					 43-23.3-03
Law Implemented: NDCC
					 43-23.3-22
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03.1 - Disciplinary Matters › Chapter 101-03.1-03 - Complaint Procedure › Section 101-03.1-03-01 - Complaint procedure

Current through Supplement No. 393, July, 2024
Any person may file an allegation with the board seeking
				  disciplinary action against the holder of a permit issued by the board. The
				  complainant shall submit a written statement describing the nature of the
				  allegation and the facts supporting the allegation. The allegation must be
				  signed and include the address or telephone number at which the complainant can
				  be contacted. The board may initiate the allegation process and investigate an
				  allegation on its own motion, or may review and reject or initiate the
				  allegation process based on an anonymous allegation.
General Authority:
NDCC
					 43-23.3-03
Law Implemented:
NDCC
					 43-23.3-03,
					 43-23.3-22
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-03.1 - Disciplinary Matters › Chapter 101-03.1-03 - Complaint Procedure › Section 101-03.1-03-02 - Informal disposition

Current through Supplement No. 393, July, 2024
At any time prior to or after formal disciplinary proceedings
				  have been instituted against an apprentice, licensed, or certified appraiser,
				  the appraiser may submit to the board an offer of settlement whereby the
				  appraiser agrees to accept sanctions in lieu of formal disciplinary action.
				  Sanctions may include voluntarily surrendering the permit, suspension of the
				  permit, probation, imposition of a monetary fine, a letter of reprimand,
				  licensing or certification education courses, or a requirement that the
				  appraiser submit work product for board review. If the board determines that
				  the proposed settlement will adequately protect the public, the board may
				  accept the offer and enter a decision consented to by the appraiser
				  incorporating the proposed settlement.
General Authority: NDCC
					 43-23.3-03
Law Implemented: NDCC
					 28-32-05.1
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-04 - Continuing Education › Chapter 101-04-01 - Continuing Education › Section 101-04-01-01 - Continuing education requirements

Current through Supplement No. 393, July, 2024
1.
Requirements.
Continuing
				education shall be established by the "Real Property Appraiser Qualification
				Criteria and Interpretation of the Criteria, Effective May 1, 2018", appraiser
				qualifications board, appraisal foundation, with the exception that the board
				has set the minimum level at twenty-eight hours over a two-year education
				renewal period. Of the twenty-eight hours, appraisers must complete the
				seven-hour national uniform standards of professional appraisal practice update
				course, or its equivalent, every two years. Equivalency must be determined
				through the appraisal qualifications board course approval program or by an
				alternate method approved by the appraisal qualifications board. Fourteen hours
				of the twenty-eight hours must include appraisal-specific education related to
				the valuation of real estate, and seven hours may be comprised of
				appraisal-related subject matter, approved as such by the board.
a. The necessary twenty-eight hours may be
				obtained at any time during the two-year renewal period, except for the
				required national uniform standards of professional appraisal practice
				requirement.
b. Verification of the
				necessary twenty-eight hours must be submitted by the end of the two-year
				renewal period.
c. All continuing
				education courses taken in this state must be approved by the board.
d. Courses taken out of this state may be
				approved for credit, provided the state in which the course was taken has
				approved the course for appraiser education.
e. A course which has not had prior approval
				may be approved on an individual basis.
f. Four hours of continuing education credit,
				per continuing education cycle, may be granted for attendance at a face-to-face
				meeting of the board of at least four hours. The attendee must attend the
				meeting in its entirety.
g. Courses
				that have received approval by the appraiser qualifications board of the
				appraisal foundation through the appraiser qualifications course approval
				program may be accepted by the board without additional state review.
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-01 - Statutory definitions

Current through Supplement No. 393, July, 2024
Unless otherwise defined, or made inappropriate by context,
				  all terms are defined in North Dakota Century Code chapters 43-23.3 and
				  43-23.5.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC
					 43-23.5-02
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-02 - Registration application requirements

Current through Supplement No. 393, July, 2024
1.
				An applicant for registration as an appraisal management company and an entity
				that is exempt from the state registration requirements, but is subject to the
				federal registry if the federal government requires, shall submit a written
				application on the prescribed form. The application must include the following
				information and certifications in addition to the requirements found in North
				Dakota Century Code chapter 43-23.5:
a. The
				name, business address, telephone number, and email address of the person or
				entity seeking registration.
b.
				Designation of an agent for service of process within the state and an
				irrevocable uniform consent to service of process.
c. If the entity is not a corporation that is
				domiciled in this state, the name and contact information for the company's
				agent for service of process in this state.
d. The name, address, and contact information
				for any individual or entity owning ten percent or more of the appraisal
				management company.
e. The name,
				address, and contact information for an individual designated as the
				controlling person.
f. Name and
				contact information of each individual authorized by the appraisal management
				company to contract with clients or independent appraisers for performance of
				appraisals.
g. Certification that
				the controlling person had never been convicted of a criminal act involving
				moral turpitude nor had a license or certificate to act as an appraiser
				refused, revoked, or surrendered in lieu of disciplinary action in any state,
				unless such license or certificate was not declined, revoked, or suspended, for
				a substantive cause and has been reinstated by the state or states in which the
				individual was licensed or certified, substantive cause to be determine by the
				board.
h. Certification that the
				appraisal management company is not owned in whole or in part, directly or
				indirectly, by an individual who has had an appraiser license or certificate
				denied, revoked, or suspended subject to a disciplinary proceeding in any
				state.
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-03 - Term of registration

Current through Supplement No. 393, July, 2024
The board shall issue a certificate of registration to an
				  applicant who qualifies in accordance with this article. Any registration
				  issued under this article expires on September thirtieth of each year, unless
				  otherwise revoked or suspended during said term.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC
					 43-23.5-06