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 8: RENEWAL, REINSTATEMENT, INACTIVATION, SURRENDER OR REVOCATION OF LICENSURE

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 purpose of this rule is to modify and add the requirements necessary for renewal, reinstatement, inactivation, surrender or revocation of licensure.

Proposed New, Amended and Repealed Rules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 8:	RENEWAL, REINSTATEMENT, INACTIVATION, SURRENDER OR REVOCATION OF LICENSURE

8.5	No holder of an expired license which may be reinstated may apply for a new license of the same type. Such person shall must reinstate the expired license as provided in section 12-61-710(1), C.R.S. and these rules Rules. Nothing in this Board Rule 8.5 shall will act to prevent a person from applying for and receiving a license or certificate with higher qualification requirements than those of the expired license.

8.6	All licensees in active or inactive license status shall must provide the Board with the following information: (1) a current mailing address and phone number for the licensee; (2) a current email address for the licensee if applicable or a letter explaining why the licensee cannot provide an email address; and (3) such other contact information as may be required by the Board from time to time. Each licensee shall must inform the Board within ten (10) calendar days of any change in such contact information on a form or in the manner prescribed by the Board. A mailing address for the licensee will be posted on the Division’s  of Real Estate’s public website, and it is the licensee’s responsibility to inform the Division of Real Estate of any required changes to the mailing address shown for the licensee on the Division’s of Real Estate’s public website. The address shown for the licensee on the Division’s of Real Estate’s public website shall will be considered the licensee’s address of record. A change of mailing address without notification to the Board will result in the inactivation of the appraiser’s license.

8.8	The holder of a license, certificate or temporary Temporary practice Practice permit Permit may surrender such to the Board. The Board may deem a surrendered license, certificate or temporary Temporary practice Practice permit Permit as permanently relinquished. Such relinquishment surrender shall will not remove the holder from the jurisdiction of the Board for acts committed while holding a license, certificate or temporary Temporary practice Practice permit Permit. A license, certificate or temporary Temporary practice Practice permit Permit that is relinquished surrendered during the pendency of an investigation or a disciplinary action will be reported to the National Registry as having been surrendered in lieu of discipline. A person who relinquishes surrenders a license, certificate or Temporary temporary practice Practice permit Permit may not reinstate the same, but must reapply and meet the current requirements for initial licensure.

8.9	Upon inactivation, revocation, suspension, surrender, relinquishment, or expiration of a license or temporary Temporary practice Practice permit Permit, the holder shall must:

A.	Immediately cease all activities requiring licensure or a temporary Temporary practice Practice permit Permit;

B.	In the instance of revocation, suspension, relinquishment, or surrender, immediately return the license document or temporary Temporary practice Practice permit Permit to the Board;

C.	Immediately cease all actions which represent the holder to the public as actively being licensed or being the holder of a temporary Temporary practice Practice permit Permit, including, without limitation, the use of advertising materials, forms, letterheads, business cards, correspondence, internet website content, statements of qualifications, and the like.

8.11	A licensee may, without limitation, renew or reinstate licensure on inactive status for subsequent renewal periods by complying with the requirements of Board Rule 8.10.

8.17	An Ad Valorem Appraiser must be a County Assessor, an employee of a County Assessor’s Office, or an employee of the Division of Property Taxation in the Department of Local Affairs. If an Ad Valorem Appraiser is no longer a County Assessor, leaves the employ of a County Assessor’s Office, or leaves the employ of the Division of Property Taxation within the Department of Local Affairs, the Ad Valorem Appraiser must notify the Board within three (3) business days in a manner acceptable to the Board. Upon such notification or discovery by the Board, the Ad Valorem Appraiser will be placed on inactive status. The Ad Valorem Appraiser will not be returned to active status unless the licensee signs a certification that he or she is currently a County Assessor, an employee of a County Assessor’s Office or an employee of the Division of Property Taxation in the Department of Local Affairs and the Board verifies the licensee’s employment.

8.18      A licensee desiring to activate an inactive license must complete all required continuing education hours that would have been required if the licensee had been on active status for the entire period of inactivation, including the most recent version of the National USPAP Course or its equivalent as approved by the CAP as defined in Board Rule 1.39.

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.