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

Universal Citation: 19 NY Comp Codes Rules and Regs ยง 1103.3

Current through Register Vol. 46, No. 12, March 20, 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.

(d) Recognition.

Appraisal trade organizations and appraisal schools offering appraisal courses outside the State of New York may apply to the department for approval to offer the appraisal courses for credit within the State of New York. Applications for recognition must demonstrate that the course is substantially equivalent to an appraisal course as outlined in this Part and must contain a course outline and final examination. Recognized courses may be advertised as having received Department of State approval. Said advertisements must, however, state that the recognized course has been approved as a prelicensing/certification course.

(e) Fees.

The following fees shall be payable on submission of the application or applications and are nonrefundable. The annual registration period shall run from October 1st to the subsequent September 30th.

(1) Fees for residential courses. Appraisal schools shall pay the department an annual registration fee of $250 for offering one or more of the following appraisal courses: R-5, R-6, R-7, R-8, R-9, R-10, R-11.

(2) Fees for general courses. Appraisal schools shall pay the department an annual registration fee of $250 for offering one or more of the following appraisal courses: G-4, G-5, G-6, G-7, G-8.

(3) Fee for USPAP course. Appraisal schools shall pay the department an annual registration fee of $250 for offering the National USPAP course.

(4) Other course fees. Appraisal schools shall pay the department an annual registration fee of $25 for offering each of the following courses: Statistics, Modeling and Finance; Introduction to Residential Income Properties; Fair Housing, Fair Lending and Environmental Issues 15 hour course; Fair Housing, Fair Lending and Environmental Issues 20 hour course; Specialty Appraisals; Using the HP12C Financial Calculator; Supervisory Appraiser/Trainee Appraiser Course and any other elective approved by the department.

(5) Secondary locations. Appraisal schools wishing to offer an appraisal course at a location other than the primary location listed on its approval application to the department, shall pay annual fees as follows. An annual fee of $250 shall be paid to the department for each said secondary location if the initial application fee for offering the appraisal course to be offered at the secondary location was $250. If the initial application fee for the appraisal course to be offered at the primary location was $25, the fee for offering an appraisal course at the secondary location shall be $25.

(6) Recognition fees. Appraisal trade organizations that seek recognition of their appraisal courses as being equivalent to the Department of State's appraisal courses must submit the same annual fees as specified above for appraisal schools.

(f) Change in appraisal course.

There shall be no change in any approved appraisal course without prior written notice to and approval by the department.

(g) Facilities.

Appraisal courses shall be conducted in such premises and in such facilities as shall be necessary to properly present the course. Factors considered by the department in evaluating the appropriateness of a proposed facility are adequate seating, access to restrooms and other facilities, the functionality of heating and other utilities, access for persons with disabilities and that the proposed course is being offered in a public, commercial facility. No appraisal course shall be conducted in the office of a real estate broker or real estate appraiser. Appraisal courses shall be open to all members of the public regardless of the membership of the prospective licensee in any real estate board or real estate appraisal related professional society or organization.

(h) Instruction time.

To meet the minimum statutory requirement, attendance of an appraisal course shall be computed on the basis of an hour equaling not less than 50 minutes. Appraisal schools must provide prospective licensees with a break in instruction of 10 minutes for every hour of instruction. The placement of the break shall be left to the discretion of the appraisal school but shall be for a minimum of 10 minutes per hour of instruction.

(i) Attendance. To satisfactorily complete any appraisal course, a prospective licensee shall attend 100 percent of the required instruction time. If prospective licensees fail to attend the required instruction time, appraisal schools may, at their discretion, permit the prospective licensees to make up missed subject matter during subsequent classes. Appraisal schools shall not present a final examination to any student who has not completed the attendance requirements.

(j) Final examinations.

All final examinations shall be written and presented within a reasonable time after the completion of the course work. No final examination may be administered unless it has been approved by the department. A prospective licensee must obtain a minimum grade of 70 percent on the final examination for each appraisal course taken in order for a certificate of completion to be issued. Prospective licensees who fail to achieve a mark of at least 70 percent on a final examination may, at the discretion of the appraisal school, be allowed to take another final examination. Appraisal schools shall be required to periodically change the final examinations administered to prospective licensees.

(k) Certificate of successful completion.

Appraisal schools shall provide prospective licensees who have successfully completed an appraisal course with a department approved certificate of successful completion. Prospective licensees receiving said certificates must have attended the required aggregate number of hours of the appraisal course and received a passing grade on the final examination. The certificate shall include the name of the appraisal school, name of the appraisal course that has been completed, the assigned code number of the appraisal school and a statement that the named student has satisfactorily completed a course of study in real estate appraisal subjects approved in accordance with the provisions of chapter 696 of the Laws of 1990 and that his or her attendance was satisfactory and in conformity with the law and that such course was completed on a stated date. The certificate must be signed by the education coordinator, or his or her designee, must be dated and must have affixed thereto the official raised embossed seal of the appraisal school.

(l) Records.

Appraisal schools must obtain and keep on file, proof of student completion of appraisal courses, records of attendance and records of instructors for a minimum of five years from the date the appraisal course was completed. Appraisal schools must also retain examination papers for all prospective licensees attending an appraisal course at said school for a period of five years after the completion of the appraisal course. Said records shall be made available for inspection, upon request, by a duly authorized representative of the department.

(m) Appraisal course cancellations and tuition refunds.

Appraisal schools must provide the department with evidence of satisfactory policies relating to appraisal course cancellation and tuition refunds. Such policies must be provided in writing to prospective students prior to an appraisal school's acceptance of any fees from the prospective student.

(n) Advertisements.

Appraisal schools may not make or publish any false or misleading statement regarding employment opportunities which may be available as a result of the successful completion of an appraisal course or acquisition of a real estate appraiser license/certification. No recruitment activities for employment are to be allowed by the education coordinators whatsoever.

(o) Employment placement.

Appraisal schools are prohibited from any placement activities which may result in the offering of employment to students of said school.

(p) Auditing.

Appraisal schools shall permit duly authorized designees of the department to audit any appraisal course offered, to verify attendance and to inspect the records of attendance of the appraisal course at any time during its presentation or thereafter.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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