Mo. Code Regs. tit. 20 § 2245-3.010

Current through Register Vol. 49, No. 24, December 16, 2024

Section 20 CSR 2245-3.010 - Applications for Certification and Licensure

PURPOSE: The regulation is being amended so it is consistent with AQB licensure criteria outlined in 20 CSR 2245-6.017.

(1) The commission shall pass upon the granting of all certificates and licenses with due regard to the paramount interest of the public as to the honesty, integrity, fair dealing, and competency of applicants.

(2) All applications for certification, licensure, renewal, and examination shall be made on forms provided by the commission and completed and signed by the applicant, with the signature acknowledged before a notary public. All original applications shall include proof of submission of fingerprints to the Missouri State Highway Patrol's approved vendor for both a Missouri State Highway Patrol and Federal Bureau of Investigation fingerprint background check. Any fees due for fingerprint background checks shall be paid by the applicant directly to the Missouri State Highway Patrol or its approved vendor. All applications shall include the appropriate fees as established pursuant to 20 CSR 2245-5.020 and physical work and home addresses for the applicant. The commission will not consider an application which is incomplete or with which the correct fees have not been submitted.

(3) The commission may require each applicant for a certificate or license to furnish, at his/her expense, any information deemed necessary by the commission to determine the applicant's qualifications for a certificate or license. All applicants shall be at least eighteen (18) years of age and have a high school diploma or the equivalent at the time of application.

(4) The commission reserves the right, at its discretion, to hold, for a reasonable length of time for investigation, the application of any applicant who has not been previously certified or licensed, before issuing a certificate or license to that applicant.

(5) Applicants.

(A) Each applicant for licensure shall furnish, under oath, a summarized listing of the real estate appraisal reports or file memoranda for each year for which experience is claimed by the applicant. Upon request, the applicant shall make available to the commission a sample of the appraisal reports that the applicant has prepared in the course of the applicant's appraisal practice. For the purposes of this section, "prepared" means the participation in any functions of the real estate appraisal report.

(B) All experience shall have been obtained after January 30, 1989, and shall be USPAP compliant. Acceptable appraisal experience as defined by the AQB includes but is not limited to the following (this should not be construed as limiting credit to only those individuals who are state-certified or state-licensed):

1. Fee and staff appraisal;

2. Ad valorem tax appraisal;

3. Technical review appraisal;

4. Appraisal analysis;

5. Real estate consulting;

6. Highest and best use analysis;

7. Feasibility analysis/study; and

8. Condemnation appraisal.

(6) Maximum number of hours that shall be awarded for various types of appraisal and other experience is as follows with exceptions noted in subsection (6)(M):

(A) R1=single family, condo., or similar*	10 hrs
(B) R2=2, 3, or 4 unit family dwellings	15 hrs
(C) R3=vacant residential sites (up to 40 acres)	5 hrs
(D) G1=apartments 5-12 units	20 hrs
(E) G2=apartments 13 and more units	35 hrs
(F) G3=vacant land (other than single family)**	10 hrs
(G) G4=industrial	35 hrs
(H) G5=office space	35 hrs
(I) G6=retail space	35 hrs
(J) G7=special use property (provide explanation)	35 hrs
(K) G8=operating or special use agriculture***	35 hrs
(L) G9=other (provide detailed explanation)
* 1. Includes homes on acreage, hobby farms, etc.
** 2. Includes non-crop acreage, commercial land, etc.
*** 3. If operating, primary income shall come from property. Some explanation relating to type of use should be provided.
(M) Additional Hours May be Credited for Appraisals. Experience hours listed in subsections (6)(A) through (L) are considered typical. If an applicant feels more hours should be awarded for an appraisal, s/he shall list the hours requested and attach a written justification to the appraisal log. The commission will consider the additional hours based upon the applicant justification statement and may request a copy of the appraisal(s) to assist in the decision. Experience credit will be awarded on time spent in the development of the appraisal and preparation of the report. Travel and clerical time will not be considered.

(7) Include the signature of the individual responsible for the analysis, opinions, and conclusions contained in the report. The applicant seeking experience credit shall have signed the report or shall be listed in the report as an individual who provided a significant contribution. An affidavit of significant contribution shall be considered by the commission if it is signed by the appraiser who signed the report or by an official of the organization, government, firm, or other entity who was responsible for causing the appraisal to be prepared.

20 CSR 2245-3.010

AUTHORITY: sections 339.509, 339.515, and 339.517, RSMo Supp. 2013.* This rule originally filed as 4 CSR 245-3.010. Emergency rule filed Dec. 6, 1990, effective Dec. 16, 1990, expired April 14, 1991. Emergency rule filed April 4, 1991, effective April 14, 1991, expired Aug. 11, 1991. Original rule filed Jan. 3, 1991, effective April 29, 1991. Amended: Filed Aug. 14, 1991, effective Jan. 13, 1992. Amended: Filed July 21, 1992, effective April 8, 1993. Amended: Filed March 14, 1996, effective Sept. 30, 1996. Emergency amendment filed Sept. 1, 1998, effective Sept. 11, 1998, expired March 9, 1999. Amended: Filed Sept. 1, 1998, effective Feb. 28, 1999. Moved to 20 CSR 2245-3.010, effective Aug. 28, 2006. Amended: Filed Nov. 21, 2006, effective July 30, 2007. Amended: Filed March 31, 2008, effective Sept. 30, 2008. Amended: Filed Aug. 27, 2009, effective March 30, 2010. Amended: Filed June 15, 2011, effective Dec. 30, 2011 . Amended: Filed Nov. 13, 2012, effective June 30, 2013. Amended: Filed July 15, 2013, effective Jan. 30, 2014.

Amended by Missouri Register November 16, 2015/Volume 40, Number 22, effective 12/31/2015. Amended:Filed Aug. 7, 2018, effective Feb. 28, 2019.

Amended by Missouri Register November 1, 2019/Volume 44, Number 21, effective 1/1/2020

Amended by Missouri Register January 17, 2023/Volume 48, Number 2, effective 2/28/2023

*Original authority: 339.509, RSMo 1990, amended 1998, 2012; 339.515, RSMo 1990, amended 1998, 2005, 2012; and 339.517, RSMo 1990, amended 1990, 1993, 1998, 2003, 2012.