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DEPARTMENT OF LABOR & ECONOMIC GROWTH DIRECTOR’S OFFICE
BOARD OF REAL ESTATE APPRAISERS – GENERAL RULES
Filed with the Secretary of State on June 2, 2006
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
(By authority conferred on the director of the department of labor and economic growth by sections 205, 308, 2605, and 2617 of 1980 PA 299, MCL 339.205, 339.308, 339.2605, and 339.2607, and Executive
Reorganization Order Nos. 1996-2, MCL 445.2001, and 2003-18, MCL 445.2011)
R 339.23101, R 339.23201, R 339.23307, R 339.23311, R 339.23317, R 339.23321, R 339.23326, R
339.23403, and R 339.23405 of the Michigan Administrative Code are amended, and R 339.23320 is added, as follows:
PART 1. GENERAL PROVISIONS
R 339.23101 Definitions.
Rule 101. (1) As used in these rules:
(a) "Act" means 1980 PA 299, MCL 339.101 et seq., and known as the occupational code.
(b) "Board" means the board of real estate appraisers.
(c) "Licensee" means an individual who is licensed under article 26 of the act, including a limited real estate appraiser, a state-licensed real estate appraiser, a certified residential real estate appraiser, or a certified general real estate appraiser.
(d) "Market analysis as performed by a real estate licensee" means the activity defined in section 2601(a)(i) and (ii) of the act, and means analysis solely for the purpose of establishing potential sale, purchase, or listing price of real property or the rental rate of real property and is not for the purpose of evaluating a property for mortgage lenders in the primary or secondary mortgage market.
(e) "Real estate consulting", as used in sections 2613, 2614, and 2615 of the act, is that function or functions described in standards 4 and 5 of the uniform standards of the uniform standards of professional appraisal practice.
(f) "Transaction value" means any of the following:
(i) For loans or other extensions of credit, the amount of the loan or the extension of credit.
(ii) For sales, leases, purchases, and investments, or in exchanges of real property, the market value of the real property interest involved.
(iii) For the pooling of loans or interests in real property for resale or purchase, the amount of the loan or market value of the real property calculated with respect to each such loan or interest in real property.
(g) "Uniform standards of professional appraisal practice" or "USPAP" means the uniform standards of professional appraisal practice, published by the appraisal foundation, effective June 1, 2006. Copies of the edition are available at a cost at the time of adoption of these rules of $30.00 plus $8.50 for shipping from the Appraisal Foundation, 1155 15th Street NW, Suite 1111, Washington DC, 20005. Mail Orders:
P.O. Box 381, Annapolis Junction, MD 20101-0381, phone toll-free 800/805-7857 or 240/864-0100. Copies of the current USPAP and previous editions may be downloaded without charge from the following Internet address: www.appraisalfoundation.org. The current USPAP and previous editions may be reviewed or purchased from the department of labor and economic growth by mailing to the Bureau of Commercial Services, 2501 Woodlake Circle, Okemos Michigan 48864, mailing address,
P.O. Box 30018, Lansing MI 48909, phone: 517/241-9201, at a cost as of the time of adoption of these rules of $50.00 plus $11.00 shipping and handling costs.
(2) Terms defined in articles 1 to 6 and 26 of the act have the same meanings when used in these rules.
PART 2. LICENSING
R 339.23201 Acceptable appraisal experience generally.
Rule 201. (1) Credit for appraisal experience shall be based on the actual performance of appraisals. The department shall not grant experience credit to an applicant solely on the basis of total hours of employment in an appraisal firm or other entity. The actual performance of appraisals includes time spent in such professional activities as personally inspecting real property, conducting research and developing materials supporting the appraisal, preparing the content of appraisal reports, and presenting the appraisal to the client. It does not include time spent in the solicitation of business, negotiation and development of client agreements, clerical tasks, or business accounting and collections, even though such tasks may be appropriately billed to a client as a necessary part of performing the appraisal.
(2) Credit shall not be given for performing more than 40 hours per week of professional experience unless specific experience, which is verified by a supervisor, can be provided to demonstrate that an individual worked more hours in that week. However, experience in excess of 40 hours a week that is obtained before January 1, 1992, may be verified by a supervisor’s affidavit.
PROPERTY TYPES
MAX. ALLOWABLE HOURS
SINGLE FAMILY RESIDENTIAL
8
RESIDENTIAL MULTI FAMILY (2 to 4 UNITS)
20
RESIDENTIAL MULTI FAMILY (5 to 12 UNITS)
36
RESIDENTIAL MULTI FAMILY (13 OR MORE UNITS)
40
RESIDENTIAL LOT
6
SUBDIVISIONS
40
RURAL RESIDENTIAL LAND (IMPROVED 20 ACRES OR LESS)
16
RURAL RESIDENTIAL LAND (VACANT 20 ACRES OR LESS)
12
AGRICULTURAL FARM OR FOREST LAND
40
INDUSTRIAL (INDUSTRIAL PARK, BUSINESS CAMPUS, WAREHOUSING, MANUFACTURING PLANT, ETC.)
40
INDUSTRIAL PARK OR BUSINESS CAMPUS LAND (VACANT)
24
MULTI FAMILY LAND (VACANT)
24
COMMERCIAL PROPERTIES: SINGLE TENANT MULTI TENANT
(IMPROVED OFFICE BLDG, RETAIL STORE, RESTAURANT, SERVICE STATION, BANK, DAY CARE CENTER, NURSING HOME, ETC.)
40
80
COMMERCIAL LAND (VACANT)
24
(4) Qualifying experience in performing real estate appraisals on or after January 1, 1992, shall be obtained while the individual is licensed as a limited real estate appraiser, certified residential real estate appraiser, or state licensed real estate appraiser or is properly exempt from licensing.
(5) A limited real estate appraiser shall be subject to direct supervision by a supervising appraiser who shall be state licensed or certified in good standing. The supervising appraiser shall be responsible for the training and direct supervision of the limited real estate appraiser by accepting responsibility for the appraisal report by signing and certifying that the report is in compliance with the uniform standards of professional appraisal practice by doing both of the following:
(a) Reviewing the appraiser trainee appraisal report or reports.
(b) Personally inspecting each appraised property with the limited real estate appraiser until the supervising appraiser determines the limited appraiser is competent in accordance with the competency provision of the uniform standards of professional appraisal practice (USPAP) for the property type. Separate logs shall be maintained for each supervising appraiser, and each log shall contain the signature, the license or certification number, and the level of licensure of the supervising appraiser.
PART 3. APPRAISER EDUCATION
R 339.23307 Conduct of courses; changes in courses.
Rule 307. (1) A course sponsor shall comply with all of the following requirements:
(a) A course shall not be represented to licensees or to the public as meeting the requirements of the act and these rules until it has been approved by the department.
(b) Solicitation of organizational membership, employment, or business-related products and services is prohibited during qualifying course classroom hours.
(c) A sponsor shall appoint an individual as coordinator for the sponsor's courses. The coordinator shall be responsible for supervising the program of courses and assuring compliance with the code and these rules. The coordinator need not be a licensee.
(d) An instructor who meets the requirements of R 339.23309 (3) and (4) shall teach the course.
(e) Each student shall be provided with a written syllabus that contains, at a minimum, all of the following information:
(i) The course title.
(ii) The times and dates of the course offering.
(iii) The name, business address, and telephone number of the course coordinator and the name of the instructor.
(iv) A detailed outline of the subject matter to be covered and the estimated time to be devoted to each subject.
(f) A course shall not be credited for more than 10 classroom hours of instruction in 1 calendar day. Calculations of classroom hours for a course shall not include any of the following:
(i) Meals.
(ii) Breaks.
(iii) Registration.
(iv) Required reading.
(v) Outside assignments.
(g) Each course shall reflect the most current version of state and federal laws and regulations.
(h) A sponsor shall permit the department to review a course at any time or to inspect the records of a course sponsor during normal business hours.
(i) A sponsor whose programs are transferred to another entity shall arrange for student records to be maintained permanently by the successor entity. The successor entity shall assure that course completion information is available to students who need to verify their education.
(2) The department shall accept or reject a change in, or addition to, the information provided to the department on an original application. The department may determine that a proposed change cannot be made without the submission of additional supporting documentation or that the extent or number of changes requested require the sponsor to complete a new application for approval.
(3) The department may request a sponsor to provide any additional supporting documentation that is necessary for the department to approve the course.
(4) Department approved courses shall expire 3 years from the date of the course approval, at which time the course approval shall be subject to renewal. A sponsor shall notify the department of its intent to renew or discontinue previously approved course or courses by satisfactorily completing and submitting a course renewal form provided by the department. Course renewal forms shall be received by the department at least 60 days before the expiration date. If a satisfactorily completed renewal form is not received by the department by the expiration date, the course shall cease to be departmentally approved beyond the expiration date. Course renewal forms are not valid and shall not be accepted by the department after the expiration date. Sponsors requesting approval for course renewal after the expiration date shall complete and submit an application for original course approval.
(5) If a sponsor desires to change a course’s content/curriculum and/or hours of credit, the sponsor shall reapply for departmental approval of the changes to the course by completing an application for course approval, obtained from the department. The department shall notify the sponsor whether the proposed course change is approved or not. The sponsor shall not offer the course with the proposed changes without departmental approval.
R 339.23311 Courses not acceptable for prelicensure or continuing education.
Rule 311. The department shall not approve a prelicensure or continuing education course, nor shall it grant credit to a licensee under section 2627(5) of the act for any of the following:
(a) Courses that do not provide student access to an instructor during the course.
(b) Courses that deal with employment-related topics such as explanations of rights, benefits, and responsibilities; organizational structure; and on-the-job methods, processes, or procedures.
(c) Membership in or service in an office, or on a committee of a professional, occupational, trade, or industry society or organization.
(d) Conferences, delegate assemblies, or similar meetings of professional organizations for policy- making purposes.
(e) Meetings and conventions of societies and associations; however, educational activities which are provided independently by an approved course sponsor and which are held concurrently with such meetings may be given credit.
(f) Attendance at lecture series, cultural performances, entertainment, or recreational meetings or activities or participation in travel groups, unless these activities are an integral part of a course that is approved pursuant to these rules.
(g) On-the-job training, apprenticeships, and other work experiences.
(h) Courses in sales promotion, motivation, marketing, psychology, time management, or mechanical office or business skills, including typing, speed-reading, or the use of office machines or equipment other than calculators or computers.
PART 3A. PRELICENSURE EDUCATION
R 339.23317 Prelicensure education; application for course approval; forms; requirements; unacceptable courses.
Rule 317. (1) An application for approval of a prelicensure real estate appraiser education course shall be made on forms provided by the department. The department shall accept or reject the application.
(2) The application shall include all of the following information:
(a) The course title.
(b) The number of classroom hours to be given for completion of the course. As provided in section 2617(3) of the act, a course shall be not less than 15 classroom hours in length.
(c) The name, business address, and telephone number of the sponsor.
(d) The name, business address, and telephone number of the course coordinator.
(e) The name, license number, and qualifications of instructors.
(f) A detailed outline of the subject matter to be covered and the number of classroom hours to be devoted to each topic, as it will appear in the student syllabus.
(g) A summary of the required topics for prelicensure that are covered in the course completed on the subject matter matrix provided by the department.
(h) The methodology for verifying and monitoring attendance, including the class makeup policy. A sponsor shall have a written makeup policy for students who are absent from all or a part of regularly scheduled class sessions. If there are no opportunities to make up missed sessions, that policy shall be so stated.
(i) The standards a student must meet to complete the course, including assignments, projects, examinations, and the passing score on the examination that is required pursuant to the provisions of section 2617(3) of the act to be given at the completion of the course for a student to demonstrate mastery of the material covered.
(j) Proof that the sponsor is an entity that may offer prelicensure real estate appraisal education courses in accordance with the provisions of section 2617(2) of the act.
R 339.23320 Prelicensure requirements for uniform standards of professional appraisal practice (USPAP).
Rule 320. (1) Applicants for licensure shall successfully complete the 15-hour national USPAP course required by the appraiser qualification board (AQB). Equivalency shall be determined through the AQB course approval program or by an alternate method established by the AQB.
(2) USPAP qualifying education credit shall only be awarded when the class is instructed by the following:
(a) An AQB certified instructor or instructors.
(b) At least 1 residential or general state certified appraiser.
PART 3B. CONTINUING EDUCATION
R 339.23321 Continuing education; application for course approval; forms; requirements.
Rule 321. (1) An application for approval of a continuing education course shall be made on forms provided by the department. The department shall accept or reject the application.
(2) The application shall include all of the following information:
(a) The course title.
(b) The number of classroom hours to be given for completion of the course. As provided in section 2617 of the act, a course shall be not less than 2 classroom hours in length.
(c) The name, business address, and telephone number of the sponsor.
(d) The name, business address, and telephone number of the course coordinator.
(e) The name, license number, and qualifications of instructors.
(f) A detailed outline of the subject matter to be covered and the number of classroom hours to be devoted to each topic, as it will appear in the student syllabus.
(g) The methodology for verifying and monitoring attendance. The course sponsor shall be responsible for determining the number of hours, if any, that will be granted to a licensee who does not attend all planned classroom hours. A licensee shall not receive credit for attending the same course more than 1 time during the same license renewal cycle.
(h) The standards a student must meet to complete the course, including assignments, projects, or examinations. The sponsor at its discretion may give course examinations, but examinations are not required by the act or these rules for continuing education courses.
(i) Proof that the sponsor is an entity that may offer continuing education courses in accordance with the provisions of section 2617(2) of the act.
(j) Information to demonstrate that the course meets the requirements of section 2627(3) and (4) of the act and is designed to improve and maintain the capability of a licensee to perform activities regulated by the act.
R 339.23326 Continuing education requirements for licensees.
Rule 326. (1) Appraisers shall successfully complete the 7-hour national USPAP update course, or its equivalent, at least every 2 years. Equivalency shall be determined through the AQB course approval program or by an alternate method established by the AQB.
(2) USPAP qualifying education credit shall only be awarded when the class is instructed by the following:
(a) An AQB certified instructor or instructors.
(b) At least 1 residential or general state certified appraiser.
(3) Every 4 years, appraisers shall successfully complete at least 2 hours of continuing education devoted to Michigan appraiser license law and rules.
PART 4. STANDARDS OF CONDUCT
R 339.23403 Limited real estate appraiser; state licensed real estate appraiser; certified residential real estate appraiser; certified general real estate appraiser; authorized functions.
Rule 403. (1) If a limited real estate appraiser is properly qualified to undertake an assignment, a limited real estate appraiser may perform either of the following appraisal services, if the report is signed by a supervisory state-licensed, certified residential or certified general real estate appraiser, as specified in section 2607(7) of the act, who by virtue of signing the report, assumes full responsibility for the accuracy of the report content and conclusions:
(a) Appraise properties that are not federally related transactions or real estate related financial transactions.
(b) Assist a state-licensed, certified residential, or certified general real estate appraiser in the development of an appraisal for a federally related transaction or a real estate related financial transaction. The limited real estate appraiser shall not sign the report; however, the state licensed, certified residential, or certified general real estate appraiser shall acknowledge the specific contributions of the limited real estate appraiser within the appraisal report.
(2) If a state licensed real estate appraiser is properly qualified to undertake an assignment, a state- licensed real estate appraiser may perform any of the following appraisal services:
(a) Appraise properties that are not federally related transactions.
(b) Appraise 1 to 4-family residential properties, unless the transaction value is $1,000,000.00 or more or the property is deemed to be complex and therefore required to be appraised by a certified residential or certified general real estate appraiser.
(c) Appraise nonresidential properties for federally related transactions and real estate related financial transactions where the transaction value is less than $250,000.00.
(d) Assist a certified residential or certified general real estate appraiser in the development of an appraisal of a complex residential property or a nonresidential property that is the subject of a federally related transaction, as appropriate. The state licensed real estate appraiser shall not sign the report; however, the certified residential or certified general real estate appraiser shall acknowledge the specific contributions of the state-licensed real estate appraiser within the appraisal report.
(3) A certified residential real estate appraiser, if properly qualified to undertake an assignment, may perform any of the following appraisal assignments:
(a) Appraise properties that are not federally related transactions.
(b) Appraise 1 to 4-family residential properties without regard to complexity or value.
(c) Appraise nonresidential properties for federally related transactions and real estate related financial transactions where the transaction value is less than $250,000.00.
(d) Assist a certified general real estate appraiser in the development of an appraisal of a nonresidential property that is the subject of a federally related transaction, as appropriate. The certified residential real estate appraiser shall not sign the report. However, the certified general real estate appraiser shall identify the specific contributions of the certified residential real estate appraiser within the appraisal report.
(4) The licensee authorized to sign the report shall identify all participating licensees and their contributions to the report. Signatures are required on appraisal reports according to the following chart:
Signatures Required:
By License Level And Transaction Categories
Non- Federally Related Transactions
& Non-Real Estate- Related Financial Transactions
Federally Related Transactions 1-4 Family Properties Less Than $1 Million In Transaction Value
Federally Related Transaction s 1-4
Family Properties More Than
$1 Million Or Complex Properties More Than
$250,000
In Transaction Value
Federally Related Transactions Nonresiden- tial Properties Less Than
$250,000 In
Transaction Value
Federally Related Transactions Nonresiden- tial More Than
$250,000 In
Transaction Value
Limited Appraiser
YES
NO
NO
NO
NO
State- Licensed Appraiser
YES
YES
NO
YES
NO
Certified Residential Appraiser
YES
YES
YES
YES
NO
Certified General Appraiser
YES
YES
YES
YES
YES
R 339.23405 Advertising.
Rule 405. (1) A licensee shall state the level of license held in all advertising. Merely stating that the person is licensed does not satisfy the provisions of this subrule. However, a directory listing or similar situation where space is limited, it shall be sufficient disclosure for a licensee to use the words certified general, certified residential, state-licensed, or limited appraiser, as appropriate, without additional wording.
(2) A licensee shall place his or her license number and license level on all reports and shall produce evidence of licensing upon request by a member of the public or a representative of the department. A license number shall not be required in advertising material.
