298 Neb. Admin. Code, ch. 3, § 001

Current through September 17, 2024
Section 298-3-001 - RECIPROCITY

This Section applies to individuals currently credentialed in another jurisdiction who wish to obtain a non-temporary Nebraska credential. To qualify for a credential as a licensed residential real property appraiser, a certified residential real property appraiser, or a certified general real property appraiser through reciprocity, an applicant must be currently credentialed to appraise real estate and real property under the laws of another jurisdiction, and must comply with all of the provisions of the Real Property Appraiser Act and this Title relating to the appropriate classification of credentialing.

001.01 Any applicant for the licensed residential, certified residential, or certified general real property appraiser credential through reciprocity must:
001.01A Submit an application and required documentation for the appropriate classification on forms approved by the Board showing compliance by the applicant with all credentialing requirements established by the Act or by this Title;
001.01B Pay a non-refundable application fee of $150.00; and
001.01C Pay a non-refundable criminal history record check fee of $45.25.
001.02 Any application received at the Board's office considered to be incomplete will not be processed, and may be returned to the applicant as incomplete. Any application not considered to be incomplete will be processed.
001.03 The application will be considered a completed application and a credential may be issued to the applicant, if the Board's director finds that the applicant:
001.03A Meets the requirements in the Act and this Title;
001.03B The requirements of the applicant's jurisdiction of practice meet or exceed the minimum requirements of the Real Property Appraiser Qualification Criteria adopted and promulgated by the Appraiser Qualifications Board of The Appraisal Foundation; and
001.03C The regulatory program of the applicant's jurisdiction of practice specified in an application for credentialing is determined to be effective in accordance with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council. An Appraisal Subcommittee finding of poor does not satisfy the requirement that the applicant's jurisdiction of practice is effective in accordance with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
001.04 If the Board's director finds that the applicant may not meet one or more of the requirements specified in Section 001.03A, 001.03B, or 001.03C of this Chapter, the application shall be placed before the Board for consideration. If the Board finds that the applicant meets the requirements specified in Section 001.03A, 001.03B, and 001.03C of this Chapter, the application will be considered a completed application and a credential may be issued to the applicant.
001.05 Within thirty days of approval that the applicant may be issued a credential as a licensed residential, certified residential, or certified general real property appraiser, an applicant shall pay a non-refundable credentialing fee of $300.00 before the applicant is authorized to act as a real property appraiser within the applied for classification in this State.
001.06 Within thirty days of approval that the applicant may be issued a credential as a licensed residential, certified residential, or certified general real property appraiser, an applicant that does not hold a current licensed residential, certified residential, or certified general real property appraiser credential issued by the Board shall pay an annual Appraiser Registry fee of $40.00 before the applicant is authorized to act as a real property appraiser in this State.
001.07 If an applicant fails to provide the required fees as specified in Section 001.05 and Section 001.06 of this Chapter, the application will be placed before the Board for consideration.
001.08 Upon receipt of the required fees at the Board's office, the applicant will be issued:
(1) A letter notifying him or her of his or her status as a Nebraska real property appraiser, and that his or her credential will be entered into the Appraisal Subcommittee's Appraiser Registry,
(2) A wall certificate on a form approved by the Board, and
(3) Instructions to access his or her credentialing card.
001.09 The Board may deny an application at any time during the process if the applicant fails to meet the requirements in the Act and/or this Title that pertain to credentialing. Before submitting a new application, the applicant may be required by the Board to:
001.09A Complete additional education;
001.09B Obtain additional real property appraisal practice experience; and/or
001.09C Not reapply for the same classification of credentialing for an amount of time to be determined by the Board.
001.10 If the Board denies an application for any reason excluding the national criminal history record check, the applicant may file a new application, and if so, meet the requirements in place at the time a new application is submitted to the Board.
001.11 If the fingerprint-based national criminal history record check result is the basis for denial, the applicant is entitled to a copy of his or her national criminal history record, and an opportunity to dispute the result.
001.11A In order to receive a copy of such record, the applicant shall:
001.11A.1 In person, complete a form approved by the Board that relieves the Board from any liability related to the release of the national criminal history record; and
001.11A.2 Present a passport, driver's license, or other government-issued identification card with a photograph to be copied by the Board.
001.11B If the applicant provides evidence acceptable to the Board that the fingerprint-based national criminal history record check result that was the basis for denial is incorrect, the Board may reconsider the application.

298 Neb. Admin. Code, ch. 3, § 001

Adopted effective 2/27/2017.
Amended effective 4/10/2019
Amended effective 12/16/2020
Amended effective 12/21/2021
Amended effective 6/5/2023