Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone (608) 261-4472; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received at or before the public hearing to be held at 9:00 a.m. on February 12, 2019, to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
SUBCHAPTER I
AUTHORITY, INTENT, ADOPTION OF STANDARDS, AND DEFINITIONS
Section 2. SPS 85.110 is amended to read:
SPS 85.110 Intent. The intent of the department in adopting chs. SPS 85 to 87 is to establish minimum standards for professional appraisal practice for certified and licensed appraisers which that are consistent with the uniform standards Uniform Standards of professional appraisal practice promulgated Professional Appraisal Practice issued by the Appraisal Standards Board of the The Appraisal Foundation. It is further intended that these rules shall establish standards of competency such that persons certified or licensed as appraisers are qualified to perform appraisals for federally related transaction under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12 USC 3331 et seq. Section 3. SPS 85.115 is created to read:
SPS 85.115 Adoption of standards. The Uniform Standards of Professional Appraisal Practice, 2018-2019, issued by the Appraisal Standards Board of The Appraisal Foundation, are incorporated by reference into chs. SPS 85 to 87. Note: Copies of the standards are on file in the offices of the department and the legislative reference bureau. A copy of the standards may be purchased from the organization listed or may be reviewed on the organization’s website at no cost.
Section 4. SPS 85.120 (1), (2), (3), (Note), (6), (14), (15), (17), and (18) are amended to read:
SPS 85.120 (1) “Accredited college or university" means an institution which is accredited by the Commission on Colleges, a national or regional accreditation association, or by a regional or national an accrediting agency recognized by the U.S. department of education.
(2) “Appraiser Appraisal experience" means experience obtained by the performance of appraisals, appraisal reviews, appraisal consulting assignments, or mass appraisals in accordance with the uniform standards Uniform Standards of professional appraisal practice Professional Appraisal Practice in effect at the time the experience is obtained.
(3) “AQB" means the appraiser qualifications board Appraiser Qualifications Board of the appraisal foundation The Appraisal Foundation.
(6) “CLEP" means college level examination program College Level Examination Program.
(14) “Fee and staff appraisal" means a real property appraisal developed and reported in accordance with Standards 1 and 2 of the uniform standards Uniform Standards of professional appraisal practice Professional Appraisal Practice.
(15) “FIRREA" means the financial institutions reform Financial Institutions Reform, recovery Recovery, and enforcement act Enforcement Act of 1989.
(17) “Hour of appraisal experience" means 60 minutes of verifiable time spent performing tasks as identified in s. SPS 85.700 (1) (b) in accordance with the uniform standards of professional appraisal practice, in effect at the time the tasks were performed appraisal experience.
(18) “Mass appraisal" means an appraisal performed in accordance with Standard Standards 5 and 6 of the USPAP Uniform Standards of Professional Appraisal Practice.
Section 5. SPS 85.120 (22) is repealed.
Section 6. SPS 85.120 (23) is renumbered SPS 85.120 (1m) and amended to read:
SPS 85.120 (1m) “Real estate Appraisal consulting" means the performance of consulting services in accordance with Standards 4 and 5 of the uniform standards Uniform Standards of professional appraisal practice Professional Appraisal Practice.
Section 7. SPS 85.120 (24) and (26) are amended to read:
SPS 85.120 (24) “Supervision" means direct, personal, and active oversight by a certified or licensed appraiser of employees or associates who assist in the preparation of appraisals.
(26) “Uniform standards Standards of professional appraisal practice Professional Appraisal Practice" or (“USPAP)” means the standards promulgated issued by the appraisal standards board Appraisal Standards Board of the appraisal foundation The Appraisal Foundation for the performance of real estate appraisals.
Section 8. SPS 85.200 is amended to read:
SPS 85.200 Prerequisite to submitting credential application. Prior to submitting an application for a licensed or certified real estate appraiser credential, an individual shall successfully complete the education and experience hours required under s. ss. SPS 85.310 and 85.320, 85.410 and 85.420, or 85.510 and, 85.320, 85.420, 85.520, as appropriate. Section 9. SPS 85.210 (intro.), (1), (2), (3), (5), and (7) are renumbered SPS 85.210 (1) (intro.) and (a) to (e) and amended to read:
SPS 85.210 (1) (intro.) An applicant for certification or licensure shall apply on a form provided by the department. Any applicant who files an application for certification or licensure, but does not comply with a request for information related to the application within 120 calendar days from the date of the request, shall file a new application and fee if certification or licensure is sought at a later date. A qualified applicant with a disability shall be provided with reasonable accommodations. The application shall include all of the following:
(a) A The application fee as established by the department plus and the annual registry fees required under s. 458.21, Stats.
(b) A Subject to ss. 111.321, 111.322, and 111.335, Stats., a statement relating to any pending criminal charge or conviction record, subject to ss. 111.321, 111.322 and 111.335, Stats. An applicant who has a pending criminal charge or has a conviction record shall provide the department with all related information necessary for the department to determine whether the circumstances of the pending charge or conviction substantially relate to the practice of appraisal. (c) Evidence of successful completion of the educational course work required in ss. under s. SPS 85.320, 85.420, and or 85.520 for licensure or certification. (d) Evidence of successful completion of the national and state examinations as specified in under s. SPS 85.600.
(e) The roster of appraisal experience required under s. SPS 85.700 (3).
Section 10. SPS 85.210 (Note) is amended to read:
SPS 85.210 (Note) Applications are available from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708-8935 or from the department's website at: http://dsps.wi.gov. Section 11. SPS 85.210 (2m) and (3m) are created to read:
SPS 85.210 (2m) The department may request additional information to determine if an applicant is qualified for certification or licensure. Failure by an applicant to comply with a request for additional information within 120 days from the date of the request shall void the application and require the applicant to reapply for certification or licensure.
(3m) The department shall provide an applicant with a disability reasonable accommodations for completing an application.
Section 12. SPS 85.220 (1) (intro.) and (2) (intro.), (b), (c), and (Note) are amended to read:
SPS 85.220 (1) (intro.) Requirements. An appraiser who holds a current appraiser certificate in another state, which is not currently limited, suspended, or revoked, may use the titles described under s. 458.055, Stats., when performing an appraisal in this state, if all of the following apply:
(2) (intro.) Application. An appraiser seeking a temporary registration shall apply on a form provided by the department. An applicant who fails to comply with a request for information related to the application for registration within 120 calendar days from the date of the request, shall submit a new application and fee if registration is sought at a later date. The application shall include all of the following:
(b) A description of the appraisal assignment in this state, including, but not limited to, information pertaining to the type of property being appraised, the location and approximate size of the property, the anticipated completion date, and the name and address of the lender requesting the appraisal.
(c) A Subject to ss. 111.321, 111.322, and 111.335, Stats., a statement relating to any pending criminal charge or conviction record, subject to ss. 111.321, 111.322 and 111.335, Stats. An applicant who has a pending criminal charge or has a conviction record shall provide the department with all related information necessary for the department to determine whether the circumstances of the pending charge or conviction substantially relate to the practice of appraisal. (Note) Applications are available from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708-8935 or from the department's website at: http://dsps.wi.gov. Section 13. SPS 85.220 (3) and (4) are created to read:
SPS 85.220 (3) Request for additional information. The department may request additional information to determine if an applicant is qualified for a temporary registration. Failure by an applicant to comply with a request for additional information within 120 days from the date of the request shall void the application and require the applicant to reapply for temporary registration.
(4) Accomodations. The department shall provide an applicant with a disability reasonable accommodations for completing an application.
Section 14. SPS 85.230 (1) (a) (Note) and (c) (intro.), 1., and 2. are amended to read:
SPS 85.230 (1) (a) (Note) Application forms are available on request to the Department of Safety and Professional Services, Division of Professional Credentialing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935 or from the department's website at: http://dsps.wi.gov. (c) (intro.) Submit evidence satisfactory to the department that he or she has satisfied the applicant meets all of the following requirements:
1. Holds The applicant holds a current appraiser license or certification in another state or territory of the United States, which is not currently limited, suspended, or revoked and which that was granted in accordance with the requirements set forth under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12 USC 3331 et seq of FIRREA. 2. Has passed Successful completion of the examination under s. SPS 85.600 on Wisconsin statutes and rules of this state governing appraisers, as provided under s. SPS 85.600. Section 15. SPS 85.230 (1) (c) 3. is renumbered SPS 85.230 (1) (d) and amended to read:
SPS 85.230 (1) (d) Subject to ss. 111.321., 111.322, and 111.335, Stats., does not have an arrest provide a statement relating to any pending criminal charge or conviction record. An applicant who has a pending criminal charge or a conviction record shall provide the department with all related information necessary for the department to determine whether the circumstances of the pending charge or conviction substantially relate to the practice of appraisal.
Section 16. SPS 85.230 (Note) is repealed.
Section 17. SPS 85.230 (3) and (4) are created to read:
SPS 85.220 (3) The department may request additional information to determine if an applicant is qualified for reciprocal licensure or certification. Failure by an applicant to comply with a request for additional information within 120 days from the date of the request shall void the application and require the applicant to reapply for reciprocal licensure or registration.
(4) The department shall provide an applicant with a disability reasonable accommodations for completing an application.
Section 18. SPS 85.240 (1) (a) and (b) are amended to read:
SPS 85.240 (1) (a) The applicant has had an appraiser license or certification revoked, or surrendered for cause, in any governmental jurisdiction within the 5-year period immediately preceding the date of application.
(b) The applicant has been convicted of, or plead guilty or nolo contendere to, a felony in a domestic or foreign court, during the 5-year period immediately preceding the application for licensure or certification or at any time preceding the date of application, substantially related to the practice of real estate appraisal. This paragraph does not apply if such the felony involved an act of other than fraud, dishonesty, or a breach of trust, or money laundering and the conviction or plea occurred before the 5-year period immediately preceding the date of application. The felony must be substantially related to the practice of certified or licensed real estate appraiser.
SUBCHAPTER III
CERTIFIED GENERAL REAL ESTATE APPRAISER
Section 20. SPS 85.310 is amended to read:
SPS 85.310 Proof of experience for certified general appraisers. An applicant seeking certification as a general appraiser shall submit evidence satisfactory to the department that the applicant has at least 3,000 hours of appraisal experience obtained over a period of not less than 30 18 months.
Section 21. SPS 85.320 (title) and (1) (intro.), (a) (intro.) and 3., and (b) are amended to read:
SPS 85.320 (title) Certified general appraiser course Core curriculum and educational requirements.
(1) (intro.) An individual who applies for certification as a certified general appraiser shall submit evidence satisfactory to the department that he or she the individual has successfully completed all of the following:
(a) (intro.) The required 300 class hour core curriculum established by the appraiser qualifications board of the appraisal foundation AQB. that The required curriculum consists of all of the following subject areas and corresponding class hours:
3. The 15-hour national 15-Hour National USPAP course Course or its equivalent — 15 hours.
(b) A bachelor's degree, or higher, in any field of study, from an accredited, degree-granting college or university. The college or university must be a degree-granting institution accredited by the commission on colleges, a national or regional accreditation association, or by an accrediting agency that is recognized by the U.S. secretary of education.
Section 22. SPS 85.330 (intro.), (1), and (3) are amended to read:
SPS 85.330 (intro.) Prerequisite for examination. In order to obtain a certified general appraiser credential, an applicant must shall complete the AQB-approved certified general real property appraiser examination. The prerequisite for taking the AQB-approved examination is the completion of all of the following:
(1) Three hundred creditable class hours as specified in the course requirements found in s. SPS 85.320 (1) (a). As part of the 300 required hours, the applicant shall complete the 15-hour national 15-Hour National USPAP course Course or its AQB-approved equivalent, and the corresponding examination.
(3) Three thousand hours of qualifying experience obtained in no fewer than 30 18 months, where a minimum of 1,500 hours must of which shall be obtained in non-residential appraisal work. While the hours may be cumulative, the required number of months must shall accrue before an individual can may be certified.
SUBCHAPTER IV
CERTIFIED RESIDENTIAL REAL ESTATE APPRAISER
Section 24. SPS 85.400 and 85.410 are amended to read:
SPS 85.400 Certified residential appraiser. A certified residential appraiser may conduct appraisals of 1-to-4 family residential real estate without regard to transaction value and of commercial real estate having a transaction value of not more than $250,000 500,000.
85.410 Proof of experience for certified residential appraisers. An applicant seeking certification as a residential appraiser shall submit evidence satisfactory to the department that the applicant has at least 2,500 1,500 hours of appraisal experience obtained over a period of not less than 24 12 months.
Section 25. SPS 85.420 (title) and (1) (intro.), (a) (intro.) and 3., and (b) are amended to read:
SPS 85.420 (title) Certified residential appraiser course Core curriculum and educational requirements.
