Current through Register Vol. 28, No. 3, September 1, 2024
10.1 Definitions
The following words and terms, when used in this regulation, have the following meanings, unless the context clearly indicates otherwise:
"Ad valorem taxation purposes" The establishment of the value of real property as determined by a government employee or revaluation company personnel on contract with a governmental entity for real estate tax assessment.
"Appraisal assessing profession" The body of individuals who are deemed to be qualified to perform ad valorem tax appraisals.
"Assessor" A person responsible for the valuation of real property for ad valorem taxation purposes.
"Business with which a licensed assessor is associated" A business in which the licensed assessor or a member of the licensed assessor's immediate family is a director, officer, owner or employee, or has a financial interest.
"Conflict of interest" A situation in which a licensed assessor uses the licensed assessor's employment or confidential information received through the course of the employment for the private pecuniary benefit of the licensed assessor, a member of the licensed assessor's immediate family, or a business with which the licensed assessor or a member of the licensed assessor's immediate family is associated.
"Financial interest" A financial interest in a legal entity engaged in business for profit which comprises more than 5% of the equity of the business or more than 5% of the assets of the economic interest in indebtedness.
"Immediate family" A parent, spouse, child, brother, sister, grandparent or grandchild and, when living in the family household (or under a common roof), all other individuals related by blood or marriage.
"Licensed assessor" An individual who has completed a minimum of 90 hours of basic courses of study covering the appraisal assessing profession and has obtained a certification from the Board.
"Real estate tax assessment" A valuation placed on real property for governmental purposes by a government employee or revaluation company personnel on contract with a government.
10.2 Certification requirements. An assessor employed on or before June 30, 2011, who does not hold the title of ''licensed assessor,'' and an assessor employed after June 30, 2011, shall obtain certification as a assessor within 3 years from the effective date of these regulations.
10.3 Application process.
10.3.1
Application forms. Application forms for certification as a licensed assessor may be obtained from the Division of Professional Regulations.
10.3.2
Application fee. The application form shall be accompanied by the fee for certification as an assessor. The application fee is nonrefundable. Payment shall be in the form of a personal check or money order.
10.4 Scope of practice. Assessors and revaluation company personnel who receive certification as an assessor may perform appraisals of real property only in limited circumstances, that is, for tax assessment/governmental purposes.
10.5 Qualifications for certification as an assessor.
10.5.1 To be considered for certification as an assessor, an assessor shall meet the following requirements. The assessor shall:
10.5.1.1 Have a high school diploma or its equivalent, or 2 years of assessing experience; and
10.5.1.2 Be 18 years of age or older; and
10.5.1.3 Have successfully completed a minimum of 90 qualifying education hours of courses of study in subjects covering the appraisal assessing profession, including coverage of the topics in Section 10.6 (relating to required courses of study).
10.5.2 An applicant for certification as an assessor who has demonstrated compliance with the requirements of Section 10.5.1 and Section 10.6 will be granted a certificate by the Board.
10.5.3 Applicants who hold a certified residential or certified general appraiser license from the Board do not need a certification as an assessor, but may practice assessing in this state.
10.6 Required courses of study.
10.6.1
Courses of study. The applicant for certification as an assessor shall submit evidence to the Board of having completed 90 classroom/on-line hours of courses in subjects covering the appraisal assessing profession. The following topics are appropriate, but not exclusive:
10.6 Required courses of study.
10.6.1
Courses of study. The applicant for certification as an assessor shall submit evidence to the Board of having completed 90 classroom hours of courses in subjects covering the appraisal assessing profession. The following topics are appropriate, but not exclusive:
10.6.1.1 Influence in real estate value.
10.6.1.2 Legal considerations influencing value.
10.6.1.3 Types of values.
10.6.1.4 Economic principles.
10.6.1.5 Real estate markets and analysis.
10.6.1.6 Valuation process.
10.6.1.7 Property description.
10.6.1.8 Highest and best use analysis.
10.6.1.9 Appraisal statistical concepts.
10.6.1.10 Sales comparison approach.
10.6.1.11 Site value.
10.6.1.12 Cost approach.
10.6.1.13 Income approach, including direct and yield capitalization techniques.
10.6.1.14 Valuation of partial interests.
10.6.1.15 Uniform Standards of Professional Appraisal Practice.
10.6.1.16 Narrative report writing.
10.6.1.17 Assessment law and practice.
10.6.1.18 Mass appraisal systems.
10.6.1.19 Mapping.
10.6.2 Courses must be approved by the Council to qualify as meeting the requirements of these rules. Either the provider or the assessor must apply to the Council for approval using a form approved by the Council.
10.7 Continuing education requirement.
10.7.1 Except as provided in 10.7.2, a licensed assessor shall complete 14 classroom hours of continuing education-including at least 7 hours on USPAP and at least 3 hours on the law, rules, and regulations of the Council-during each biennial renewal period as a condition of renewal of certification for the next biennial renewal period. Seven hours may be completed via on-line, video or remote instruction; and seven hours must be completed in a traditional classroom setting, with an instructor during every biennial renewal period.
10.7.2 No continuing education is required for fewer than 12 months of licensure.
10.7.3 Proof of continuing education is satisfied with an attestation by the licensed assessor that he or she has satisfied the requirements of these rules.
10.7.3.1 Attestation must be completed electronically since the renewal is accomplished online.
10.7.3.2 Licensed assessors selected for random audit will be required to supplement the attestation with attendance verification pursuant to Section 10.7.4.
10.7.4 Random audits will be performed by the Council to ensure compliance with the CE requirements. At least 25% of the licensed assessors shall be audited at each renewal. The Council shall have the discretion to increase the percentage of licensed assessors to be audited.
10.7.4.1 The Council will notify licensed assessors within sixty (60) days after renewal that they have been selected for audit.
10.7.4.2 Licensed assessors selected for random audit shall be required to submit verification within thirty (30) days of the date of notification of selection for audit.
10.7.4.3 Verification shall include such information necessary for the Council to assess whether the course or other activity meets the CE requirements, which may include, but is not limited to, the following information:
10.7.4.3.1 Proof of attendance. While course brochures may be used to verify contact hours, they are not considered to be acceptable proof for use of verification of course attendance;
10.7.4.3.2 Date of CE course;
10.7.4.3.3 Instructor of CE course;
10.7.4.3.4 Sponsor of CE course;
10.7.4.3.5 Title of CE course; and
10.7.4.3.6 Number of hours of CE course.
10.7.5 The Council shall review all documentation submitted by assessors pursuant to the continuing education audit. If the Council determines that the assessor has met the continuing education requirements, his or her license shall remain in effect. If the Council determines that the assessor has not met the continuing education requirements, the assessor shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. Unjustified noncompliance with the continuing education requirements set forth in these rules and regulations shall constitute a violation of 24 Del.C. §
4014(a)(5) and the assessor may be subject to one or more of the disciplinary sanctions set forth in 24 Del.C. §
4016.
10.8 Continuing education subject matter.
10.8.1 Continuing education subject matter shall relate to assessment and appraisal practices. The following subjects are acceptable for continuing education:
10.8.1.1 Ad valorem taxation.
10.8.1.2 Arbitration.
10.8.1.3 Business courses related to the practice of real estate appraisal.
10.8.1.4 Development cost-estimating.
10.8.1.5 Ethics and standards of professional practice.
10.8.1.6 Land use planning, zoning and taxation.
10.8.1.7 Management, leasing, brokerage and time sharing.
10.8.1.8 Property development.
10.8.1.9 Real estate appraisal.
10.8.1.10 Real estate financing and investment.
10.8.1.11 Real estate law.
10.8.1.12 Real estate litigation.
10.8.1.13 Real estate appraisal related computer applications.
10.8.1.14 Real estate securities and syndication.
10.8.1.15 Real property exchange.
10.8.1.16 Mass appraisal model building.
10.8.1.17 Mass appraisal model calibration.
10.8.1.18 Assessment administration.
10.8.1.19 Mapping.
10.8.2 Continuing education credit, up to 14 hours per licensure cycle (non in-class hours), may also be granted for participation in:
10.8.2.1 Teaching, including preparation time up to the number of hours spent teaching, for example, a 3 hour class can be submitted for 6 hours if the preparation time was at least 3 hours.
10.8.2.2 Program development
10.8.2.3 Authorship of textbooks
10.8.3 Continuing education credit may be awarded for participation in field trips, conferences, and trade association meetings, excluding travel time, if those activities specifically relate to assessor education, but for no more than eight (8) hours per licensure period.
10.8.4 A creditable hour is defined as fifty minutes out of each sixty minute segment. The educational offering must be at least two hours.
10.8.5 The Delaware Council on Real Estate Appraisers may approve the content of a distance education course after approval of the delivery mechanism is approved from one of the following sources:
10.8.5.1 AQB approved organizations providing approval of course design and delivery, such as the International Distance Education Certification Center (IDECC);
10.8.5.2 A college that qualifies for content approval and awards academic credit for the distance education course; or
10.8.5.3 A qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporates interactivity;
10.8.6 Courses must be approved by the Council to qualify as continuing education. Either the provider or the assessor must apply to the Council for approval using a form approved by the Council. Applicants seeking pre-approval must submit all required documentation 60 days before the scheduled offering.
10.9 Administrative Responsibilities
10.9.1 The assessor license or certificate of a State licensed assessor shall be prominently displayed at the assessor's place of business.
10.9.2 The biennial license or certificate renewal pocket card issued by the Council to each State licensed assessor shall be retained by the licensee as evidence of licensure. When performing assessments, the licensee shall carry on his/her person the pocket card issued by the Council.
10.9.3 When advertising or otherwise holding himself/herself out as an assessor, a State licensed real assessor shall identify himself/herself as a "State licensed assessor."
10.9.4 Licensure as an assessor is granted only to persons and does not extend to a business entity.
10.9.5 All licensees shall notify the Division in writing of each change of contact information, including but not limited to business address, residence address, e-mail address, business telephone number or trade name within ten (10) days of said change. The information provided shall be sufficiently descriptive to enable the Council to correspond with and locate the licensee. All licensees shall notify the Council in writing of each change of supervisor or employer, and shall provide the Council with the new supervisor's or employer's name, business address, and business telephone number.
10.9.6 Each written assessment prepared by or under the direction of a State licensed assessor shall bear the signature of the State licensed assessor, the license number of the licensee in whose name the assessment report is issued, and the appropriate title such as "State licensed assessor."
10.9.7 Each State licensed assessor shall be responsible for the proper maintenance and retention of the assessment records.
10.10 Standards of Professional Conduct.
10.10.1
Preamble
Licensed assessors shall comply with the act and this subchapter and conform to the standards of professional conduct in this section. Licensed assessors who fail to adhere to these standards will be subject to professional discipline under 24 Del.C. §
4016.
10.10.2
Standard 1. General duties.
Licensed assessors shall perform their duties in accordance with the general and specific county assessment laws and generally accepted assessment standards. Licensed assessors shall perform all assessments in accordance with USPAP. Licensed assessors may obtain a copy of the current edition of USPAP by writing, telephoning or e-mailing the Appraisal Foundation at 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517, (202) 347-7722 or info@appraisalfoundation.org, respectively.
10.10.3
Standard 2. Public review of assessments and records.
Licensed assessors shall make property assessments available for public review and shall make all other records in their custody available for public review unless access to the records is specifically limited or prohibited by law or the information has been obtained on a confidential basis and the law permits the information to be treated confidentially.
10.10.4
Standard 3. Professional qualifications.
Licensed assessors shall use professional designations only when they are properly authorized to do so. Licensed assessors may not claim qualifications that are false, misleading or deceptive.
10.10.5
Standard 4. Limitations on activities.
Licensed assessors may not perform assessments or appraisal-related assignments that could reasonably be construed as being in conflict with their responsibilities to their jurisdictions, employers or clients, in which they have unrevealed personal interests or biases, or that they are not qualified to perform.
10.10.6
Standard 5. Contingent fees.
Licensed assessors may not perform an assessment or appraisal-related assignment if the employment itself is contingent upon the reporting of a predetermined analysis or opinion, or if the fee to be paid for the performance of the assignment is contingent upon the opinion, conclusion or valuation reached, or upon the consequences resulting from the assignment.
10.10.7
Standard 6. Advertising and promotion.
Licensed assessors may not make false, misleading or deceptive statements or claims in advertising or promotions to solicit assessment and appraisal-related assignments.
10.10.8
Standard 7. Conflict of interest.
Licensed assessors who are government employees may not solicit or perform assessment and appraisal-related assignments that could create conflicts of interest or the appearance of conflicts of interest.
