264 Mass. Reg. 3.01

Current through Register 1527, August 2, 2024
Section 3.01 - Application Procedures
(1)Application Filing. A person desiring to become a Licensee shall file an application in a format prescribed by the Board. The application shall be accompanied by a nonrefundable application fee and supporting documentation. Applicants must certify, under pains and penalties of perjury, that information provided in an application is truthful and accurate.
(2)Application Form. The application form shall require the applicant to provide all or any portion of the following information:
(a) a list of previous residences;
(b) an employment history;
(c) information pertaining to the applicant's character and reputation;
(d) information pertaining to the applicant's real estate appraisal education;
(e) information pertaining to the applicant's real estate appraisal experience; and
(f) such other information as the Board may require to determine the applicant's eligibility for licensure or certification.
(3)Supporting Documentation. Each applicant shall provide supporting documentation as required by the Board, including, but not limited to the following:
(a) One character endorsement in the form prescribed by the Board attesting to the applicant's good moral character and reputation.
(b) Complete explanations of any criminal complaint made against the applicant, any criminal convictions other than minor traffic violations, any civil actions related to the practice of real estate appraisal, and any disciplinary actions or denial of licensure/ certification by any professional licensing agency.
(c) Verification that the applicant has met the education requirements set forth in 264 CMR 5.00: Licensure/Certification Requirements. It shall be the applicant's responsibility to submit documentation from the course provider that indicates:
1. the applicant has successfully completed and passed an examination for the course; and
2. the number of classroom hours awarded for completion of the course.
(d) Only Board-approved courses shall be acceptable to meet the education requirements.
(e) Appraisal reports and file data verifying that the applicant's real estate appraisal experience meets the Experience Criteria set forth in 264 CMR 5.00: Licensure/Certification Requirements.
(4)Personal Appearance. The Board may require an applicant to appear before the Board or a subcommittee of the Board for an interview, or audit as set forth in 264 CMR 5.00: Licensure/Certification Requirements.
(5)Experience Review. Applicants who are required to provide appraisal reports and file data to the Board or appear before the Board for an audit of claimed experience, may be determined ineligible for licensure or upgrade of their current license classification if the reports and files reviewed by the Board demonstrate a lack of competency in appraisal methodology or fail to comply with the requirements of the USPAP.
(6)Board Action. When an application is fully processed and ready for Board action, it shall be reviewed by the Board or a subcommittee to determine whether the applicant is eligible to sit for a licensing or certification examination. When the Board has made its decision, the applicant will be notified. If an applicant fails to provide any of the required or requested documentation necessary to complete the application, pay required fees, appear before the Board, or cooperate with an audit of claimed experience within six months of the date the applicant is notified by the Board of such a requirement or request, such application shall be considered denied and a new application and application fee shall be required to be submitted for license qualification.
(7)Appeal of Application Denial Based on Experience Review. Applicants whose applications are denied based on the Board's review of appraisal reports and file data may request reconsideration of their application. Reconsideration of a denied application must be requested within six months of the date the application was originally denied by the Board. If after such request and reconsideration, the Board again denies the application, a new application and application fee shall be required to be submitted for license qualification.

264 CMR 3.01

Amended by Mass Register Issue 1323, eff. 10/7/2016.