reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 942 - Procedure for Requesting an Exemption from Publicly Disclosing Client Information Pursuant to Questions 8(b-1), 8(b-2) or 8(c) on a Financial Disclosure Statement › Section 942.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commission
				shall mean the New York State Joint Commission on Public Ethics.
(b) Covered Person shall mean any individual
				who is required to file a Financial Disclosure Statement pursuant to section 73-a  of the Public Officers Law and is required to disclose Client Information
				pursuant to questions 8(b-1), 8(b-2) or 8(c) of the Financial Disclosure
				Statement.
(c) Exemption shall mean
				a waiver from publicly disclosing Client Information pursuant to questions
				8(b-1), 8(b-2) or 8(c) of the Financial Disclosure Statement.
(d) Financial Disclosure Statement shall mean
				the annual statement that must be filed pursuant to section 73-a  of the Public
				Officers Law.
(e) Client
				Information shall mean the identity of a Client, customer, person or entity,
				and other related information required to be publicly disclosed in response to
				questions 8(b-1), 8(b-2) and 8(c) on the Financial Disclosure
				Statement.
(f) Client shall mean
				the specific client, customer, person or entity referenced in Section
				942.2(e).
(g) Ministerial Matter shall mean an
				administrative act carried out in a prescribed manner not allowing for
				substantial personal discretion.
(h) Title shall mean the name of the position
				or job in which a Covered Person serves or, in the case of a Covered Person who
				is a candidate for statewide office or a member of the legislature, the name of
				the office for which the Covered Person is a candidate.
(i) State Agency shall mean any State
				department, or division, board, commission, or bureau of any State department,
				any public benefit corporation, public authority, or commission at least one of
				whose members is appointed by the Governor. State Agency shall also include the
				State University of New York or the City University of New York, including all
				their constituent units except (1) community colleges of the State University
				of New York and (2) the independent institutions operating statutory or
				contract colleges on behalf of the State.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 942 - Procedure for Requesting an Exemption from Publicly Disclosing Client Information Pursuant to Questions 8(b-1), 8(b-2) or 8(c) on a Financial Disclosure Statement › Section 942.3 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to
				Executive Law § 94(9) and questions 8(b-1), 8(b-2) and 8(c) on the
				Financial Disclosure Statement set forth in Public Officers Law § 73-a,
				the Commission permits a Covered Person to make a confidential request, in
				accordance with this Section, for an Exemption from the requirement to publicly
				disclose Client Information. If requesting an Exemption from the Commission,
				such Covered Person shall file the Exemption request with the Commission on or
				before the deadline to file a Financial Disclosure Statement that applies to
				said Covered Person pursuant to Public Officers Law section 73-a(2). A Covered
				Person may not file an Exemption request with the Commission for a Client
				matter which the Covered Person has previously addressed in an Exemption
				request filed with the Office of Court Administration.
(b) The filing of an Exemption request
				pursuant to this Part shall not toll a deadline to file a Financial Disclosure
				Statement. A Financial Disclosure Statement filed during the pendency of a
				request for Exemption shall include all required information except the Client
				Information.
(c) In response to
				questions 8(b-1), 8(b-2) and 8(c) of the Financial Disclosure Statement, a
				Covered Person need not report Clients or customers with respect to matters for
				which the Covered Person (or his or her firm) was retained before entering
				public office in accordance with § 73-a(3)(8) of the Public Officers
				Law.
(d) The Exemption request
				shall be made in writing, signed by the Covered Person requesting such
				Exemption, and sent to the Commission via email at jcope@jcope.ny.gov . The
				Exemption request shall be deemed to be a part of his or her Financial
				Disclosure Statement and subject to all applicable enforcement and penalty
				provisions of Public Officers Law § 73-a, including without limitation
				subdivisions 4 and 6 of said section, and Executive Law § 94.
(e) In the request for Exemption, the Covered
				Person shall state that:
"My Client is not currently receiving my services or seeking
				  my services in connection with:
(1) A
				proposed bill or resolution in the senate or assembly during the reporting
				period;
(2) A contract in an amount
				totaling $10,000 or more from the state or any state agency for services,
				materials, or property;
(3) A grant
				of $10,000 or more from the state or any state agency during the reporting
				period;
(4) A grant obtained
				through a legislative initiative during the reporting period; or
(5) A case, proceeding, application or other
				matter that is not a Ministerial Matter before a state agency during the
				reporting period," and
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 942 - Procedure for Requesting an Exemption from Publicly Disclosing Client Information Pursuant to Questions 8(b-1), 8(b-2) or 8(c) on a Financial Disclosure Statement › Section 942.4 - Commission action

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				requests for Exemption shall be reviewed and decided in the initial instance by
				the Executive Director. A denial of a request for Exemption may be appealed to
				the Commission for reconsideration in accordance with the provisions of Part
				941.17 of this Title.
(b) Upon
				receipt of a request for Exemption, the Executive Director shall review the
				material filed to determine whether the Exemption shall be granted. If no
				further information is required, the Executive Director shall render decision
				on the material
(c) In reviewing a
				request for an Exemption, the Executive Director shall conduct its inquiry and,
				being mindful of the need to preserve the confidentiality of Client Information
				prior to public disclosure, may consult with bar or other professional
				associations, or with the office of court administration or the legislative
				ethics commission in the case of individuals subject to the Commission's
				jurisdiction, and may consider rules of professional conduct.
(d) The factors the Executive Director shall
				consider in determining a request for Exemption shall include, but not be
				limited to:
(1) the nature and the size of
				the Client;
(2) whether the Client
				has any business before the state; and if so, how significant the business is;
				and whether the Client has any particularized interest in pending legislation
				and if so how significant the interest is;
(3) whether disclosure may reveal trade
				secrets;
(4) whether disclosure
				could reasonably result in retaliation against the Client;
(5) whether disclosure may cause undue harm
				to the Client;
(6) whether
				disclosure may result in undue harm to the attorney-client
				relationship;
(7) whether
				disclosure may result in an unnecessary invasion of privacy to the Client;
				and
(8) any other factors that the
				Executive Director deems relevant to the Exemption request.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.1 - Purpose and Effect of Regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The purpose of these regulations is to provide those regulated by the Joint
				Commission on Public Ethics ("Commission"), as well as the public, a
				consolidated resource for understanding and complying with the requirements of
				Article 1-A of the Legislative Law (the "Lobbying Act"), as authorized by
				section 94  of the Executive Law and the Lobbying Act. These regulations also
				serve to codify the constitutional authority to regulate grassroots lobbying
				that was recognized in United States v. Harriss ( 347 U.S. 612) in 1954, and
				exercised by the Commission's predecessor agencies in accordance with the 1982
				decision in New York State Temporary Commission on Lobbying v. CICU (534 F.
				Supp. 489).
(b) These regulations
				consider, reflect and, in part, are based upon and in many instances codify
				this Commission's and its predecessors' earlier advisory opinions, guidelines,
				instructions, and practices. They also set forth the Commission's positions on
				issues not previously addressed by those authorities. Thus, individuals and
				entities subject to the Lobbying Act should consider any earlier precedents as
				superseded by these regulations in the event any such prior guidelines,
				opinions, instructions or practices are inconsistent with this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.2 - General Provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Commission has jurisdiction over Lobbyists, Clients of Lobbyists, and Public
				Corporations pursuant to section 1-d of the Lobbying Act and section 94  of the
				Executive Law.
(b) Pursuant to
				section 1-s of the Lobbying Act, all documents submitted as part of a Lobbyist
				or Client Statement or Report are available for public inspection.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions are applicable throughout Part 943,
				  unless otherwise specified:
(a)
Advisory Board
means a board, task force, commission, or other
				body that carries out a governmental or quasi-governmental function, but is not
				empowered to make binding recommendations or take actions that carry the force
				and effect of law.
(b)
Affiliated
means two or more corporations, partnerships,
				organizations, or other entities that have any of the following relationships:
				parent/subsidiary; subsidiaries with the same parent entity; or national or
				regional organization.
(c)
Attempt to Influence
means an activity intended to support,
				oppose, modify, delay, expedite, or otherwise affect an action enumerated in
				sections 1-c(c)(i)-(x) of the Lobbying Act.
(d)
Beneficial Client
means
				the specific individual or organization on whose behalf and at whose request or
				behest Lobbying Activity is conducted.
(1)
				Members of the general public, for example, would not constitute a Beneficial
				Client.
(2) If an organization
				engages in Lobbying for the benefit of the members of a population or class,
				the members of the population or class are not Beneficial Clients.
(3) An individual or organization that
				lobbies on its own behalf is the Beneficial Client.
(4) While a Contractual and Beneficial Client
				must be identified for every lobbying arrangement, the Contractual Client may
				also be the Beneficial Client.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.4 - Statutory Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The following activities are not Lobbying Activities:
(a)
Non-lobbying legal
				services
.
(1) Services by persons
				engaged in drafting, advising clients on or rendering opinions on proposed
				legislation, rules, regulations or rates, municipal ordinances and resolutions,
				executive orders, Procurement Contracts, or tribal-state compacts, memoranda of
				understanding, or any other tribal-state agreements or other written materials
				related to Class III gaming as provided in
				25
				U.S.C. §
											2701, when such professional
				services are not otherwise connected with State or municipal legislative or
				executive action on such legislation, rules, regulations or rates, municipal
				ordinances and resolutions, executive orders, Procurement Contracts, or
				tribal-state compacts, memoranda of understanding, or any other tribal-state
				agreements or other written materials related to Class III gaming as provided
				in 25
				U.S.C. §
											2701.
(i) For example, a lawyer who provides a
				Client with an analysis of a pending piece of legislation, but does not
				otherwise attempt to influence such legislation, has not performed reportable
				Lobbying Activity, per this exception. If the lawyer subsequently meets at the
				Client's request with a member of the legislature to advocate for or against
				such legislation, both the preliminary bill analysis and the subsequent
				advocacy meeting constitute reportable Lobbying.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.5 - Lobbying Activities - General Provisions and Restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
				Provisions
(1) All Lobbying Activities are
				either Direct or Grassroots Lobbying.
(2) All Lobbying Activity is conducted by a
				Lobbyist for the benefit of a Beneficial Client, but a Lobbyist and Beneficial
				Client can be the same person or organization.
(3) All Lobbying Activity is conducted by a
				Lobbyist that has been retained, employed, or designated by a Client. This
				includes the person or Lobbying Organization that designates themselves to
				lobby on their own behalf.
(4)
				Reporting requirements under the Lobbying Act are not necessarily triggered by
				engaging in Lobbying Activity alone, but rather when the criteria established
				in subsection
				943.9(a)(1) have
				been satisfied.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.6 - Direct Lobbying

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Principles.
(1) While Grassroots Lobbying
				attempts to influence a Public Official indirectly, or through another, Direct
				Lobbying attempts to influence a Public Official through Direct
				Contact.
(2) Direct Lobbying
				generally requires the identification of an Individual Lobbyist(s) on the
				filings of an organization or person.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.7 - Grassroots Lobbying

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Principles.
(1) While Direct Lobbying
				attempts to influence a Public Official through a Direct Contact by the
				Lobbyist, Grassroots Lobbying attempts to influence a Public Official
				indirectly, or through another.
(2)
				A Grassroots Lobbyist is a person or organization who solicits another to
				deliver a message to a Public Official; the audience or recipients of
				grassroots communications who voluntarily (and without compensation)
				subsequently deliver the message to the Public Official are not Grassroots
				Lobbyists.
(3) Every Grassroots
				Lobbying Communication is attributable to a Lobbyist, which may be the
				organization as a whole.
(4)
				Grassroots Lobbying does not require the identification of an Individual
				Lobbyist(s) on lobbying reports unless the individual engaged in Grassroots
				Lobbying is a Retained Lobbyist, as set forth in subdivision (e) of this
				section, or is retained or compensated specifically for their social media
				activities, as set forth in subdivision (f)(2)(ii) of this
				section.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.8 - Procurement Lobbying

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Definitions.
(1)
Procurement
				Lobbying
means an Attempt to Influence a determination related to a
				Governmental Procurement by:
(i) A Public
				Official, or a person or entity working with a Public Official; or
(ii) An officer or employee of the Unified
				Court System, or a person or entity working with an officer or employee of the
				Unified Court System.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.9 - Reportable Lobbying Activity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General Reporting Obligations.
(1) The Lobbying Act requires public
				disclosure of the identities, activities and expenditures of Lobbyists and
				Clients. To constitute reportable Lobbying, there must be (1) an attempt to
				influence an activity listed in §1-c(c) of the Lobbying Act, and (2) the
				cumulative Compensation and Expenses received, expended or incurred for any
				such activities must exceed $5,000 in any calendar year during a biennial
				period.
(2) Lobbying Activity is
				either Direct or Grassroots Lobbying.
(3) Lobbying Activity that includes only
				Grassroots Lobbying does not require the identification or disclosure of any
				Individual Lobbyists except as set forth in subdivisions (e) and (f) of section
				943.7.
(4) Once a person or entity has triggered the
				requirement to register and file reports as a Lobbyist, both Direct and
				Grassroots Lobbying Activities are reportable, even if expenditures were only
				incurred for one type of lobbying.
(5) An organization lobbying on its own
				behalf has designated itself as its own Lobbyist and, if it meets the
				requirements in subsection (1), must register and file applicable lobbying
				reports.
(6) A person lobbying on
				their own behalf has designated themself as their own Lobbyist and, if they
				meet the requirements in subsection (1), must register and file applicable
				lobbying reports.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.10 - Lobbyist Statement of Registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. The purpose of the Statement of
				Registration is to memorialize the engagement of the Lobbyist by the Client,
				and should reflect the then-current terms of the engagement at any point in
				time.
(b) Reporting Threshold.
(1) Pursuant to section 1-e of the Lobbying
				Act, every Lobbyist that incurs, expends, or receives or reasonably anticipates
				incurring, expending, or receiving more than $5,000 in combined Reportable
				Compensation and Expenses for Lobbying Activity on a State and/or local level,
				in any calendar year during the biennial period, must file a biennial Statement
				of Registration with the Commission.
(2) For purposes of determining whether the
				thresholds have been met, the amounts incurred, expended or received shall be
				computed cumulatively for all Lobbying Activities.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.11 - Lobbyist Bi-Monthly Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. Lobbyist Bi-Monthly Reports
				record all actual Lobbying Activity during the relevant filing
				period.
(b) Any Lobbyist required
				to file a Statement of Registration for a Client for any biennial period must
				also file Bi-Monthly Reports in accordance with this section, regardless of
				Compensation, Expenses, or Lobbying Activity.
(c) Due date.
(1) Lobbyists must file a Bi-Monthly Report
				by the 15th of the month following the end of the bi-monthly reporting period
				in which the Lobbyist was first required to register. A schedule of the
				bi-monthly reporting periods is set forth below:
(i) January/February, Due March
				15th
(ii) March/April, Due May
				15th
(iii) May/June, Due July
				15th
(iv) July/August, Due
				September 15th
(v)
				September/October, Due November 15th
(vi) November/December, Due January
				15th
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.12 - Client Semi-Annual Report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reporting Periods and Due Dates. The two
				reporting periods for Client Semi-Annual Reports are as follows:
(1) January 1 - June 30, for which the Report
				is due by July 15th; and
(2) July 1 - December 31, for which the
				Report is due by January 15th.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 943 - LOBBYING › Section 943.13 - Lobbyist Disbursement of Public Monies Report

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Public Monies
means
				funds that have been designated for programs, grants or discretionary funds,
				but which have not been allocated by law to specific recipients and are not
				part of a Governmental Procurement (as defined in subsection
				943.8(a)(3)).
(b) Required Filers. A Disbursement of Public
				Monies Report is only required of a Lobbyist who is otherwise already required
				to file a Statement of Registration and who in any calendar year reasonably
				anticipates that they will expend, incur or receive combined Reportable
				Compensation and Expenses in an amount in excess of $5,000 in connection with
				any Attempts to Influence a determination by a Public Official, or by a person
				or entity working in cooperation with a Public Official, with respect to the
				solicitation, award or administration of a grant, loan or agreement involving
				the disbursement of Public Monies in excess of $15,000.
(c) Threshold for Filing. Disbursement of
				Public Monies Reports are only required if Attempts to Influence the
				disbursement have occurred during the relevant filing period.
(d) Due Dates. Disbursement of Public Monies
				Reports are to be filed bi-monthly in accordance with the same schedule
				applicable to the filing of Bi-Monthly Reports provided in section
				943.11.
(e) Filing Fee. There is no filing fee for a
				Disbursement of Public Monies Report.
(f) Contents. Each Disbursement of Public
				Monies Report must include:
(1) the name,
				address, e-mail address, and telephone number of the Lobbyist and the
				individuals employed by the Lobbyist engaged in such Public Monies Lobbying
				Activities;
(2) the name, address,
				e-mail address, and telephone number of the Client by whom or on whose behalf
				the Lobbyist is retained, employed or designated on whose behalf the Lobbyist
				has engaged in Lobbying reportable under this subdivision
(i) If the Report relates to Lobbying on
				behalf of a Structured Coalition or a Member of an Unstructured Coalition, the
				Client information for Contractual and Beneficial Clients shall be governed by
				the rules set forth in Section
				943.9(h)(3)(iv) and
				(v);
(3) the identities of any Co-Lobbyists or
				Sub-Lobbyists, as described in subsection
				943.9(h), if
				applicable;
(4) a description of
				the grant, loan, or agreement involving the disbursement of Public Monies on
				which the Lobbyist has lobbied;
(5)
				the name of the person, organization, or legislative body before which the
				Lobbyist has engaged in Lobbying reportable under this subdivision;
				and
(6) all reportable Compensation
				paid or owed to the Lobbyist, and any Expenses expended, received or incurred
				by the Lobbyist for the purpose of Lobbying Activities related to disbursements
				of public monies, reportable under this section.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXX - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
Chapter XXX of Title 19 NYCRR was promulgated pursuant to
				Executive Order No. 10 entitled "Directing filing of financial statements by
				certain officers and employees within the Executive Department," dated May 22,
				1975. Executive Order No. 10 was revoked and superseded by Executive Order No.
				3, entitled "Establishing A Board of Public Disclosure," dated January 28,
				1983. Executive Order No. 117, entitled "Abolishing the Board of Public
				Disclosure," dated December 28, 1988, abolished the Board of Public Disclosure
				as of January 1, 1989. The regulations found in Chapter XXX of Title 19 NYCRR
				are therefore without force and effect and were deleted on January 15, 1998,
				effective immediately.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1101 - Scope Of Practice › Section 1101.1 - Scope of practice for certified general real estate appraiser

Current through Register Vol. 46, No. 28, July 10, 2024
A certified general real estate appraiser may appraise all
				  types of real property.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1101 - Scope Of Practice › Section 1101.2 - Scope of practice for certified residential real estate appraiser

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The scope of
				practice for a certified residential real estate appraiser is limited to:
(1) the appraisal of 1-4 family residential
				units without regard to value or complexity; and
(2) the appraisal of vacant or unimproved
				land that is to be utilized for a 1-4 family residential unit without regard to
				value or complexity, or vacant or unimproved land for which the highest and
				best use is a 1-4 family residential unit without regard to value or
				complexity.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1101 - Scope Of Practice › Section 1101.3 - Scope of practice for a licensed residential real estate appraiser

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The scope of
				practice for a licensed residential real estate appraiser is limited to the
				appraisal of non-complex 1-4 family residential units having a transaction
				value of less than $1,000,000 and complex 1-4 family residential units having a
				transaction value of less than $250,000.
(b) The scope of practice for a licensed
				residential real estate appraiser includes the appraisal of vacant or
				unimproved land that is to be utilized for a 1-4 family residential unit or
				vacant or unimproved land for which the highest and best use is a 1-4 family
				residential unit. In either case, the scope of practice is limited to the
				appraisal of vacant or unimproved land having a transaction value of less than
				$1,000,000.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1101 - Scope Of Practice › Section 1101.4 - Scope of practice for a licensed real estate appraiser assistant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The scope of
				practice for a licensed real estate appraiser assistant is the appraisal of
				those real properties that the supervising appraiser is permitted to
				appraise.
(b) A licensed real
				estate appraiser assistant shall be directly supervised by a supervising real
				estate appraiser who shall be a State certified real estate appraiser and who
				shall be registered with the department in accordance with Part 1103.4 of this
				Title. The supervising real estate appraiser shall be responsible for the
				training and direct supervision of the appraiser assistant by:
(1) accepting responsibility for the
				appraisal report by signing and certifying the report;
(2) reviewing the appraiser assistant's work
				and reports; and
(3) personally
				inspecting each appraised property with the appraiser assistant until the
				supervising appraiser determines that the appraiser assistant is competent to
				conduct inspection on his or her own, in accordance with the competency rule of
				USPAP for the property type.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1102 - Qualifying Experience › Section 1102.1 - Qualifying experience

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applicants for residential licensing must possess at least two years of
				full-time experience. Applicants for residential certification must possess at
				least two years of full-time experience. Applicants for general certification
				must possess at least two and one-half years of full-time experience.
				Applicants will not receive credit for any experience gained more than five
				years prior to the submission of an application for licensing or certification
				to the Department of State. In addition, applicants must attain the hours of
				experience required under section
				1102.2 of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1102 - Qualifying Experience › Section 1102.2 - Hourly experience requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants for residential licensing must
				have at least 1,000 hours of real estate appraisal experience over a period of
				not less than 24 months.
(b)
				Applicants for residential certification must have at least 1,500 hours of real
				estate appraisal experience over a period of not less than 24 months. The
				residential experience must include experience in single-family, two-to-four
				family, cooperatives, condominiums, or other residential experience.
(c) Applicants for general certification must
				have at least 3,000 hours of experience over a period of not less than 24
				months, of which, a minimum of 1,500 hours must be in non-residential appraisal
				work.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1102 - Qualifying Experience › Section 1102.3 - Appraisal experience schedule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hours of experience shall be credited to
				an applicant based on actual time spent on appraisal assignments up to a
				maximum numbers of hours in accordance with the following schedule. Except as
				provided for by paragraph (b) of this section, experience credits may only be
				granted for the following types of appraisal assignments.
APPRAISAL EXPERIENCE SCHEDULE
Type of Property Appraised
Assigned hours
cannot exceed
Residential
Standard Appraisal
Review Appraisal
Residential Single-Family (Single Co-op or
								Condo)
6
1.5
Residential Single-Family Complex (Waterfront or
								Unique)
20
5
Residential Single-Family Complex (Over
								$5,000,000)
40
10
Residential Multi-Family (2-4 units)
12
3
Vacant Lot (Residential, 1-4 units)
6
1.5
Farm (Less than 100 acres, with residence)
18
4.5
General
Land: Farms of 100 acres or more in size,
								undeveloped tracts, residential multi-family sites, commercial sites,
								industrial sites
30
7.5
Complex Farms
100 acres or more in size, multi-building with
								Processing facilities
40
10
Residential Multi-Family (5-12 units):
Apartments, condominiums, townhouses and mobile
								home parks
36
9
Residential Multi-Family (13 or more units):
Apartments, condominiums, townhouses and mobile
								home parks
48
12
Commercial/Industrial Single-Tenant:
Office buildings, R&D, retail stores,
								restaurants, service stations, warehouses, day care centers, and other similar
								buildings
48
12
Commercial/Industrial Multi-Tenant:
Office buildings, R&D, shopping centers,
								hotels, warehouses
60
15
Manufacturing plants
48
12
Institutional:
Rest homes, nursing homes, hospitals, schools,
								churches, government buildings
48
12
(b)
				If an applicant has appraisal experience for a type of property that is not
				listed in the appraisal experience schedule, the applicant may receive credit
				for the appraisal experience if the Department of State determines that the
				appraisal experience is substantially equivalent, for experience purposes, to
				an appraisal for one of the types of property that is listed in the appraisal
				experience schedule. However, the burden shall be on the applicant to establish
				to the satisfaction of the Department of State that the appraisal experience is
				substantially equivalent to an appraisal of one of the types of properties
				listed in the appraisal experience schedule.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1102 - Qualifying Experience › Section 1102.4 - Acceptable experience

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant
				shall have the burden of establishing to the satisfaction of the Department of
				State that the applicant actually performed the work associated with the
				appraisal or appraisals which the applicant claims appraisal-experience credit.
				Experience credit will only be granted for hours actually worked on an
				appraisal assignment provided that no ap- plicant shall be permitted to claim
				experience hours in excess of the maximum hours per assignment as provided for
				by section
				1102.3 of this Part.
(b) For review appraisals, an applicant shall
				receive 25 percent of the hours normally credited for an appraisal if the
				applicant performed a review appraisal, which shall include a field review, a
				documentary review, or a combination of both. However, experience gained by
				perform- ing review appraisals may not exceed 25 percent of the total number of
				hours of experience required for licensing or certification
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1102 - Qualifying Experience › Section 1102.6 - Nonqualifying experience

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant shall not receive experience credit for
				  residential certification or for general certification for performing any of
				  the following activities:
(a) market
				value estimates performed by a real estate licensee where such estimates are
				made in connection with the listing and/or sale of real estate. Market value
				estimates shall include estimates commonly known as comparative market
				analysis;
(b) [Reserved]
(c) business appraisals. However, an
				applicant shall receive credit for appraisals of individual parcels of real
				estate;
(d) personal property
				appraisals; and
(e) feasibility or
				market analysis, except to the extent that the market value of a real estate
				project is being estimated.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1102 - Qualifying Experience › Section 1102.7 - Mass appraisals

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applicants for residential licensing, residential certification or general
				certification will receive credit for mass appraisal experience according to
				the provisions of this section.
(b)
(1) Experience requirements.
(i) An applicant for residential licensing
				must document that the applicant has at least 2,000 hours over a period of at
				least two years performing mass appraisals or the equivalent thereof. The
				applicant's documentation must demonstrate that the applicant was engaged for
				at least 1,500 hours performing mass appraisals of properties in the
				residential categories set forth in paragraph (c)(2) of this section.
(ii) An applicant for residential
				certification must document that the applicant has at least 2,500 hours over a
				period of at least two years performing mass appraisals or the equivalent
				thereof. The applicant's documentation must demonstrate that the applicant was
				engaged for at least 1,875 hours performing mass appraisals of properties in
				the residential categories set forth in paragraph (c)(2) of this
				section.
(iii) An applicant for
				general certification must document that the applicant has at least 3,000 hours
				of over a period of at least 21/2 years performing mass appraisals or the
				equivalent thereof. The applicant's documentation must demonstrate that the
				applicant was engaged for at least 2,250 hours performing mass appraisals of
				properties in the general categories set forth in paragraph (c)(3) of this
				section.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1103 - Qualifying Course Regulations › Section 1103.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall have the
				  following meanings:
(a) Appraisal
				course. The term appraisal course shall refer to a course that has either been
				approved by the department or has been submitted to the department for approval
				pursuant to section
				1103.3 of this Part.
(b) Appraisal school. The term appraisal
				school shall refer to a person or institution that has either been approved by
				the department or has submitted a request to the department for approval to
				offer one or more appraisal courses pursuant to section
				1103.3(b) of this
				Part.
(c) Appraiser assistant. The
				term appraiser assistant shall refer to a NYS licensed real estate appraiser
				assistant as defined in section 160-a  of the Executive Law.
(d) Certified residential real estate
				appraiser. The term certified residential real estate appraiser shall refer to
				a NYS certified residential real estate appraiser as defined in section 160-a 
				of the Executive Law.
(e) Certified
				general real estate appraiser. The term, certified general real estate
				appraiser shall refer to a NYS certified general real estate appraiser as
				defined in section 160-a  of the Executive Law.
(f) Department. The term department shall
				refer to the NYS Department of State.
(g) Education coordinator. The term education
				coordinator shall refer to that individual who shall be responsible for
				submitting applications to the department for approval of appraisal schools and
				appraisal courses. This person shall also be responsible for compliance, by the
				school and its instructors, of the provisions of this Part and Part 1107 of
				this Title.
(h) Licensed real
				estate appraisers. The term licensed real estate appraiser shall refer to a NYS
				licensed real estate appraiser as defined in section 160-a  of the Executive
				Law.
(i) Licensee. The term
				licensee shall refer to a NYS appraiser assistant, NYS licensed real estate
				appraiser, NYS certified residential real estate appraiser or a NYS certified
				general real estate appraiser depending on the context.
(j) Prospective licensee. The term
				prospective licensee shall refer to an individual who undertakes a course of
				study as provided in this Part, the satisfactory completion of which would
				satisfy the NYS educational requirements for licensure or certification as a
				NYS real estate appraiser assistant, NYS licensed real estate appraiser, NYS
				certified residential real estate appraiser or a NYS certified general real
				estate appraiser.
(k) USPAP. The
				acronym USPAP means the national Uniform Standards of Professional Appraisal
				Practice.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1103 - Qualifying Course Regulations › Section 1103.2 - Prospective licensees

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Education requirements for New York State appraiser assistants. An applicant
				must satisfactorily complete the following courses within the five year period
				prior to the date of submission of an appraiser assistant application:
(1) Residential 5 (R-5) - Basic Appraisal
				Principles 30 hours
(2) Residential
				6 (R-6) - Basic Appraisal Procedures 30 hours
(3) USPAP or its equivalent, as further
				defined in 15 hours section
				1103.7 of this Part
(4) Supervisory Appraiser/Trainee Appraiser
				Course 4 hours Total 79 hours
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1103 - Qualifying Course Regulations › Section 1103.3 - Appraisal schools

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Approval required.
To offer an appraisal course as defined by this Part, an
				  appraisal school must first obtain approval from the department by submitting
				  an application to the department.
(b)
Appraisal school
				qualifications.
Appraisal courses may be presented by any college or
				  university accredited by the Education Department of the State of New York or
				  by a regional accrediting agency accepted by the NYS Commissioner of Education;
				  public and private vocational schools; real estate boards, and real estate
				  appraisal professional societies and organizations. An appraisal school may not
				  be owned, affiliated with or controlled directly or indirectly by a real estate
				  broker, salesperson, appraiser or an employee of an appraiser.
(c)
Application
				requirements.
Applications seeking approval from the department to conduct
				  an appraisal course shall be made at least 60 days before the proposed course
				  is to be conducted and in a form prescribed by the department which shall
				  include the following:
(1) name and
				business address of the appraisal school which proposes to offer the appraisal
				course;
(2) if the appraisal school
				is a partnership, the names and home addresses of all the partners of the
				entity;
(3) if the appraisal school
				is a corporation, the names and home address of any persons who own five
				percent or more of the stock of the entity;
(4) the name, home and business address and
				telephone number of the education coordinator;
(5) locations where the appraisal course will
				be conducted;
(6) title of each
				appraisal course to be conducted;
(7) A detailed outline and syllabus of each
				appraisal course, together with the time sequence of each segment;
(8) a copy of one or more final examinations
				to be presented for each appraisal course including the answer keys;
(9) a description of materials that will be
				distributed to course participants;
(10) the books that will be utilized for the
				course and the final exams; and
(11) all items included on each test form
				must be consistent with content specifications indicated for each course. All
				reference sources used to support each correct answer must be included. Links
				to each answer must be indicated with a footnote showing page numbers and
				general heading.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1103 - Qualifying Course Regulations › Section 1103.4 - Instructors and supervising appraisers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Instructor qualifications. Each approved
				appraisal school may have its own instructor qualification requirements. In
				addition prospective instructors must apply to the department for approval and
				must present evidence of the following Appraisal Qualifications Board (AQB)
				approved qualifications:
(1) Licensed
				residential course instructor. Persons wishing to become an approved instructor
				of a licensed appraisal course must provide evidence of having obtained a
				general or residential appraiser certification or State licensed appraiser
				classification in New York or any other state, or must pass the NYS licensed,
				residential or general appraiser examination.
(2) Certified residential course instructor.
				Persons wishing to become an approved instructor of a certified residential
				appraisal course must provide evidence of having obtained a general or
				residential appraiser certification in New York or any other state or must pass
				the NYS certified residential or general appraiser examination.
(3) Certified general course instructor.
				Persons wishing to become an approved instructor of a certified general
				appraisal course must provide evidence of having obtained a general appraiser
				certification in New York or any other state or must pass the NYS certified
				general appraiser examination.
(4)
				USPAP. Persons wishing to become an approved instructor of the National USPAP
				appraisal course must be certified by the Appraisal Qualifications Board as a
				certified USPAP instructor and must be either a certified residential appraiser
				or a certified general appraiser. For the purpose of this subdivision, the
				instructor may be a certified appraiser in NYS or any other state.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1103 - Qualifying Course Regulations › Section 1103.5 - Course approval, denial, suspension and revocation by the department

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approval and
				denial of appraisal courses. Within 60 days after the receipt of an application
				for approval or recognition of an appraisal course, the department shall inform
				the applicant as to whether the application has been approved, denied or
				whether additional information is needed to determine the acceptability of the
				application.
(b) Suspension and
				revocation of approval. The department may deny, suspend or revoke the approval
				of an appraisal school, instructor, appraisal course or location if it is
				determined that the appraisal school, instructor, appraisal course or location
				has failed to comply with any provision of this Part or article 6-e of the
				Executive Law. Grounds for suspension or revocation are: if the appraisal
				course does not adequately reflect current real estate appraisal knowledge; if
				the appraisal school, instructor or anybody associated with the school or
				instructor has obtained, used or attempted to obtain or use the department's
				appraisal examination questions or if the examination records of the department
				disclose that prospective licensees attending the appraisal school have
				demonstrated, during any annual period, a performance record substantially
				below the statewide average for first time examination candidates. If
				disciplinary action is taken, a written order of suspension, revocation or
				denial of approval will be issued. An appeal from such denial, suspension or
				revocation shall be made in writing to the Secretary of State or his or her
				designee.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXI - Board of Real Estate Appraisal › Part 1103 - Qualifying Course Regulations › Section 1103.7 - National Uniform Standards of Professional Appraisal Practice (USPAP) course

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Effective
				until December 31, 2002, an appraisal course for ethics and standards of
				professional practice shall include at least 10 hours of instruction related to
				the National USPAP. An appraisal course may contain up to five hours of other
				topics related to ethics and standards of professional practice such as:
(1) background of ethics and
				standards/regulations and legislation;
(2) title XI Financial Institutions Reform,
				Recovery and Enforcement Act of 1989 (FIRREA);
(3) New York State appraiser certification
				laws.