DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
BOARD OF REAL ESTATE APPRAISERS
4 CCR 725-2

NOTICE OF PROPOSED PERMANENT RULEMAKING HEARING
November 3, 2016

CHAPTER 1:	DEFINITIONS

Pursuant to and in compliance with Title 12, Article 61 and Title 24, Article 4, C.R.S. as amended, notice of proposed rulemaking is hereby given, including notice to the Attorney General of the State of Colorado and to all persons who have requested to be advised of the intention of the Colorado Board of Real Estate Appraisers (the “Board”) to promulgate rules, or to amend, repeal or repeal and re-enact the present rules of the Board.

STATEMENT OF BASIS

The statutory basis for the rules titled the Board of Real Estate Appraisers is Chapter 7 of Title 12, Article 61, Colorado Revised Statutes, as amended.  

STATEMENT OF PURPOSE

The purpose of this rule is to effectuate the legislative directive to promulgate necessary and appropriate rules in conformity with the statute and the provisions of the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989 as amended.

SPECIFIC PURPOSE OF THIS RULEMAKING

The specific purpose of this rule is to modify or add key terms pertaining to licensing and enforcement of real estate appraisers and appraisal management companies.

Proposed New, Amended and Repealed Rules

Deleted material is showed by struck through; new material is indicated by Small Caps or underline. Rules, or portions of rules, which are unaffected are reproduced.  Readers are advised to obtain a copy of the complete rules of the Board at www.dora.colorado.gov/dre.

CHAPTER 1:	DEFINITIONS

1.1	The Appraisal Foundation (TAF): An TAF is the organization that is the source of appraisal standards, qualifications, and ethical conduct in all valuation disciplines to assure public trust in the valuation profession.

1.2	Appraisal Qualifications Board (AQB) of The Appraisal Foundation TAF: The AQB establishes the minimum education, experience, and examination requirements for real property appraisers to obtain state certifications. In addition, the AQB performs a number of ancillary duties related to real property and personal property appraiser qualifications.

1.3	Appraiser Standards Board (ASB) of The Appraisal Foundation TAF: The ASB develops, interprets, and amends the Uniform Standards of Professional Appraisal Practice (USPAP).

1.4	Examination: The examination(s) developed by or contracted for by the Board and issued or approved by the AQB, if applicable.

1.5	FIRREA: The Financial Institutions Reform, Recovery and Enforcement Act of 1989 as amended.

1.6	Board: The Colorado Board of Real Estate Appraisers created and further defined pursuant to § section 12-61-703, C.R.S.

1.7	Applicant: Any person applying for a license or temporary Temporary Practice Permit practice permit, or applying for renewal of a license.

1.8	Initial License: The first license granted by the Board to an applicant pursuant to § section 12-61-706, C.R.S. An applicant may apply for an initial license at any credential level as long as all requirements for such credential level have been met pursuant to Chapter 3 of these Rules. An initial license is valid through December 31 of the year of issue issuance.

1.9	Colorado Real Estate Appraiser Licensing Act: That portion of Colorado statutes known as Section sections 12-61-701 through 723, et. seq., Colorado Revised Statutes C.R.S., as amended.

1.10	Uniform Standards of Professional Appraisal Practice (USPAP): Those standards of professional practice promulgated by the Appraisal Standards Board ASB of The Appraisal Foundation TAF and adopted in Chapter 11 of these Rules through incorporation by reference. Pursuant to section 12-61-713(1)(g), C.R.S. as amended, the Board adopts, and incorporates by reference in compliance with section 24-4-103(12.5), C.R.S., as the generally accepted standards of professional appraisal practice the Definitions, Preamble, Rules, Standards, and Standards Rules of the USPAP as promulgated by the ASB of TAF on January 30, 1989 and amended through February 6, 2015 and known as the  2016-2017 edition. Amendments to the USPAP subsequent to February 6, 2015 are not included in this Board Rule 1.10. A certified copy of the USPAP is on file and available for public inspection at the Office of the Board at 1560 Broadway, Suite 925, Denver, Colorado 80202. Copies of the USPAP adopted under this Rule may be examined at any state publications depository library. The 2016-2017 edition of the USPAP may be examined at the Internet website of TAF at www.appraisalfoundation.org, and copies may be ordered through that mechanism. TAF may also be contacted at 1155 15th Street, NW, Suite 1111, Washington, DC 20005, or by telephone at (202) 347-7722 or by telefax at (202) 347-7727.

1.11	Board Rules or Rules: Those rules adopted by the Colorado Board of Real Estate Appraisers pursuant to Section 12-61-704(1)(a),(I), (II), (III) C.R.S., as amended the Colorado Real Estate Appraiser Licensing Act.

1.13	Licensed Appraiser: A person who has been granted a license pursuant to section §12-61-706(1)(b)(IV), C.R.S. as a Licensed Appraiser by the Board as a result of meeting the real estate appraisal education, experience, and examination requirements established by Board Rule 2.2, the AQB, or as a result of licensure through endorsement from another state jurisdiction as provided by Chapter 9 of these Rules. The usual scope of practice for the Licensed Appraiser shall is limited to be, if competent for the assignment, appraisal of non-complex one to four unit residential properties having a transaction value of less than $1,000,000 and complex one to four unit residential properties having a transaction value of less than $ 250,000, or as allowed by § section12-61-706(4), C.R.S. For non-federally related transactions, the scope of practice may include vacant or unimproved land that is to be used for development for a one to four unit residential property, or vacant or unimproved land for which the highest and best use is a one to four unit residential property. In compliance with Board Rule 1.16, the scope of practice does not include does not include vacant or unimproved land that has the potential for subdivision development for which the subdivision development analysis method of land valuation is necessary and applicable.

1.14	Certified Residential Appraiser: A person who has been granted a license pursuant to section §12- 61-706(1)(b)(II), C.R.S. as a Certified Residential Appraiser by the Board as a result of meeting the real estate appraisal education, experience, and examination requirements established by Board Rule 2.3, the AQB, or as a result of licensure through endorsement from another state jurisdiction as provided by Chapter 9 of these Rules. The usual scope of practice for the Certified Residential Appraiser shall is limited to be, if competent for the assignment, appraisal of one to four unit residential properties without regard to transaction value or complexity, or as allowed by § section 12-61-706(4), C.R.S. Such scope of practice includes vacant or unimproved land that is to be used for development for a one to four unit residential property, or vacant or unimproved land for which the highest and best use is a one to four unit residential property. The scope of practice for a Certified Residential Appraiser does not include vacant or unimproved land that has the potential for subdivision development for which the subdivision development analysis method of land valuation is necessary and applicable.

1.15	Certified General Appraiser: A person who has been granted a license pursuant to § section 12-61-706(1)(b)(I), C.R.S. as a Certified General Appraiser by the Board as a result of meeting the real estate appraisal education, experience, and examination requirements established by Board Rule 2.4, the AQB, or as a result of licensure through endorsement from another state jurisdiction as provided by Chapter 9 of these Rules. The scope of practice for the Certified General Appraiser shall will be, if competent for the assignment, appraisal of all types of real property.

1.17	Non Residential Property: Properties other than those comprised of one to four residential units and building sites suitable for development to one to four residential units. Non-residential property includes, without limitation, properties comprised of five or more dwelling units, farm and ranch, retail, manufacturing, warehousing, and office properties, large vacant land parcels, and other properties not within the definition of residential property.

1.18	Temporary Practice Permit: A permit issued pursuant to Section section 12-61-711(3), C.R.S., (as amended) and Chapter 10 of these rules Rules allowing an appraiser licensed or certified in another jurisdiction to appraise property in Colorado under certain conditions without obtaining Colorado licensure.

1.19	Title XI, FIRREA: That part of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 known as the Appraisal Reform Amendments, and also known as 12 U.S.C. Section 3331 through 12 U.S.C. Section 33551. as amended by the Dodd-Frank Reform Act. Pursuant to section 12-61-701, C.R.S., the Board adopts, and incorporates by reference Title XI of FIRREA as amended by the Dodd-Frank Reform Act as of the effective date of July 21, 2010, in compliance with section 24-4-103(12.5), C.R.S., and does not include any later amendments or editions of the Act. A certified copy of Title XI of FIRREA is on file and available for public inspection at the Office of the Board at 1560 Broadway, Suite 925, Denver, Colorado 80202. Copies of Title XI of FIRREA adopted under this Board Rule 1.19 may be examined at any state publications depository library. Title XI of FIRREA may also be examined at the Internet website of the Appraisal Subcommittee at www.asc.gov/Legal-Framework/TitleXI.aspx. The Appraisal Subcommittee may also be contacted at 1401 H Street, NW, Suite 760, Washington, DC 20005, or by telephone at (202) 289-2735 or by telefax at (202) 289-4101.

1.21	Licensee: A collective term used to refer to a person who has been licensed by the Board as a Licensed Ad Valorem Appraiser, Licensed Appraiser, Certified Residential Appraiser, or Certified General Appraiser.

1.22	Distance Education: Educational methodologies and presentation techniques other than traditional classroom formats, including and without limitation, live teleconferencing, written or electronic correspondence courses, internet on-line learning, video, and audio tapes.

1.24	Signature: As defined in the Uniform Standards of Professional Appraisal Practice USPAP incorporated by reference in Board Rule 11.1 1.10, and including all methods of indicating a signature, such as, without limitation, a handwritten mark, digitized image, coded authentication number, stamped impression, embossed or applied seal, or other means.

1.26	Qualifying Education: Real estate appraisal education courses completed for credit toward the licensing requirements set forth in Chapter 2 of these Rules and meeting the requirements of Chapter 3 of these Rules. Qualifying education courses must be at least fifteen (15) classroom hours in length and must include an examination.

1.28	Transaction value: for For purposes of these rules Rules transaction value means:

A.	For appraisal assignments carried out as part of a loan transaction, the amount of the loan; or

B.	For appraisal assignments carried out for other than a loan transaction, the market value of the real property interest.

1.29	Appraisal (Valuation) Process: The analysis of economic factors that create value to develop an opinion of value. Steps in the analytical process are: defining the problem; determining an appropriate scope of work; gathering and analyzing general and specific data; applying the appropriate analyses, procedures and methodology; the application of reconciliation criteria to reach a final defined value opinion; and correctly reporting that opinion in compliance with the uniform standards of professional appraisal practice USPAP.

1.32	2015 Real Property Appraiser Qualification Criteria: Pursuant to Section section 12-61-706, (1) and (2), C.R.S. (as amended), the Board incorporates by reference in compliance with Section section 24-4-103(12.5), C.R.S., the 2015 Real Property Appraiser Qualification Criteria adopted by the Appraiser Qualifications Board AQB of The Appraisal Foundation TAF on December 9, 2011, including the Required Core Curricula, Guide Notes, and Interpretations thereof, and excluding Section section VI, background checks of the criteria applicable to all real property appraiser classifications. A certified copy of the 2015 Real Property Appraiser Qualification Criteria is on file and available for public inspection at the offices Office of the Board of Real Estate Appraisers at 1560 Broadway, Suite 925, Denver, Colorado 80202. Copies of the 2015 Real Property Appraiser Qualification Criteria may be examined at the Internet website of The Appraisal Foundation TAF at www.appraisalfoundation.org, and copies may be ordered through that mechanism. The Appraisal Foundation TAF may also be contacted at 1155 15th Street, NW, Suite 1111, Washington, DC 20005, or by telephone at (202) 347-7722 or telefax at (202) 347-7727. The 2015 Real Property Appraiser Qualification Criteria went will go into effect on January 1, 2015 with the exception of section IV which went into effect on January 1, 2017.

1.33	Credential Upgrade: A licensee, who has been granted a license pursuant to § section12-61-706, C.R.S., may submit an application to the Board requesting an upgrade of the licensee’s credential if the licensee has completed the real estate appraisal education, experience, and examination requirements as defined in Chapter 2 of these Rules for the credential for which the licensee is applying. If the Board grants the requested credential, the upgraded license will expire on the same date of the licensee’s current license cycle, prior to the upgrade.

1.34	Draft Appraisal: An appraisal that does not bear the appraiser’s signature and is identified and labeled as a “draft”. The purpose of issuing a draft appraisal cannot be to allow the client and/or the intended user(s) to improperly influence the appraiser.

1.36	Good Standing: Not having been subject to a stipulation or final agency order, the terms of which were completed no less than three (3) years prior, or had a license revoked or permanently surrendered for any of the violations enumerated under §§ sections 12-61-713, 12-61-714, or 12-61-716 or 12-61-717, C.R.S. A license will be considered to be in good standing three (3) years following the completion of all terms of an executed stipulation or final agency order. If a licensee has an executed stipulation for diversion, the license will not be in good standing with the Board until all terms of the stipulated agreement have been successfully completed.

1.37	Ad Valorem Appraiser: a A person who has been granted a license pursuant to section 12-61-706(1)(b)(III), C.R.S. as a licensed Ad Valorem Appraiser by the Board as a result of meeting the real estate appraisal education and examination requirements established by Board Rules 2.9 or 2.10. A licensed Ad Valorem Appraiser cannot conduct appraisal assignments outside the scope of the appraiser’s official duties as a County Assessor, an employee of a County Assessor’s Office, or as an employee with the Division of Property Taxation within the Department of Local Affairs.

1.38	Review Appraiser: An appraiser, who is actively credentialed in a state jurisdiction recognized by and in substantial compliance with Title XI, FIRREA the Appraisal Subcommittee, who performs a review of another appraiser’s work subject to USPAP Standard 3. A review appraiser is not required to obtain a Colorado appraiser’s license credential unless the review appraiser arrives at his or her own opinion of value for real property located in Colorado.

1.39	The Course Approval Program (CAP) of TAF: A voluntary program established by the AQB to provide a minimum level of acceptance for real property appraisal education courses satisfying the Real Property Appraiser Qualification Criteria as defined in Board Rule 1.32.

1.40	Division of Real Estate (Division):  Has the same meaning as set forth in section 12-61-702(8), C.R.S.

1.41 	Director of the Division (Director):  Has the same meaning as set forth in section 12-61-702(7), C.R.S.

A hearing on the above subject matter will be held on Thursday, November 3, 2016, at the Colorado Division of Real Estate, 1560 Broadway, Suite 1250-C, Denver, Colorado 80202 beginning at 9:00 a.m. 

Any interested person may participate in the rule making through submission of written data, views and arguments to the Division of Real Estate.  Persons are requested to submit data, views and arguments to the Division of Real Estate in writing no less than ten (10) days prior to the hearing date and time set forth above. However, all data, views and arguments submitted prior to or at the rulemaking hearing or prior to the closure of the rulemaking record (if different from the date and time of hearing), shall be considered.

Please be advised that the rule being considered is subject to further changes and modifications after public comment and formal hearing.