Proposed Text
A. Section 54.1-2009 of the Code of Virginia provides definitions for the following terms and phrases used in this chapter:
"Appraisal"
"Appraisal report"
"Board"
"Certified general real estate appraiser"
"Certified residential real estate appraiser"
"Department"
"Director"
"Evaluation"
"Federal financial institutions regulatory agencies"
"Federally related transaction"
"Licensed residential real estate appraiser"
"Real estate"
"Real estate-related financial transaction"
"Real property"
"Regulation"
"Residential real estate appraiser"
B. The following words and terms when used in this chapter, unless a different meaning is provided or is plainly required by the context, shall will have the following meanings:
"Accredited colleges, universities, junior and community colleges" means those accredited institutions of higher learning approved by the State Council of Higher Education for Virginia or listed in the Transfer Credit Practices of Designated Educational Institutions, published by the American Association of Collegiate Registrars and Admissions Officers accredited by an accrediting agency recognized by the U.S. Department of Education or a recognized international equivalent.
"Adult distributive or marketing education programs" means those programs offered at schools approved by the Virginia Department of Education or any other local, state, or federal government agency, board, or commission to teach adult education or marketing courses.
"Analysis" means a study of real estate or real property other than the estimation of value.
"Appraisal bias" means bias based on race, ethnicity, or national origin in the opinion of value rendered by an appraiser.
"Appraisal Foundation" means the foundation incorporated as an Illinois Not for Profit Corporation on November 30, 1987, organization authorized by the U.S. Congress to establish and improve uniform appraisal standards by defining, issuing, and promoting such standards through the Appraiser Qualifications Board, Appraisal Standards Board, and other councils, panels, and subcommittees.
"Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 USC § 3301 et seq.), as amended.
"Appraiser" means an individual who is expected to perform valuation services competently and in a manner that is independent, impartial, and objective.
"Appraiser classification" means any category of appraiser, which the board creates by designating criteria for qualification for such category and by designating the scope of practice permitted for such category.
"Appraiser Qualifications Board" means the board created by the Appraisal Foundation to establish appropriate criteria for the certification and recertification of qualified appraisers by defining, issuing, and promoting such qualification criteria; to disseminate such qualification criteria to states, governmental entities, and others; and to develop or assist in the development of appropriate examinations for qualified appraisers.
"Appraiser trainee" means an individual who is licensed as an appraiser trainee to appraise those properties that the supervising appraiser is permitted to appraise.
"Board" means the Real Estate Appraiser Board.
"Business entity" means any corporation, partnership, association, or other business entity under which appraisal services are performed.
"Certified general real estate appraiser" means an individual who meets the requirements for licensure that relate to the appraisal of all types of real estate and real property and is licensed as a certified general real estate appraiser.
"Certified instructor" means an individual holding an instructor certificate issued by the Real Estate Appraiser Board board to act as an instructor.
"Certified residential real estate appraiser" means an individual who meets the requirements for licensure for the appraisal of or the review appraisal of any residential real estate or real property of one to four residential units regardless of transaction value or complexity. Certified residential real estate appraisers may also appraise or provide a review appraisal of nonresidential properties with a transaction value or market value as defined by the Uniform Standards of Professional Appraisal Practice up to $250,000, whichever is the lesser.
"Classroom hour" means 50 minutes out of each 60-minute segment. The prescribed number of classroom hours includes time devoted to tests, which are considered to be part of the course.
"Distance education" means an educational process based on the geographical separation of provider and student (i.e., CD-ROM, online learning, correspondence courses, etc.).
"Experience" as used in this chapter includes experience gained in the performance of traditional appraisal assignments, or in the performance of the following: fee and staff appraisals, ad valorem tax appraisal, review appraisal, appraisal analysis, real estate consulting, highest and best use analysis, and feasibility analysis or study fee or staff appraisal assignment, ad valorem tax appraisal, review appraisal, appraisal analysis, real estate consulting, highest and best use analysis, feasibility analysis or study, and other appraisal training authorized under state law.
For the purpose of this chapter, experience has been divided into four major categories: (i) fee and staff appraisal, (ii) ad valorem tax appraisal, (iii) review appraisal, and (iv) real estate consulting.
1. "Fee and staff appraiser experience" means experience acquired as a sole appraiser, as a cosigner, or through disclosure of assistance in the certification in accordance with the Uniform Standards of Professional Appraisal Practice.
Sole appraiser experience is experience obtained by an individual who makes personal inspections of real estate, assembles and analyzes the relevant facts, and by the use of reason and the exercise of judgment forms objective opinions and prepares reports as to the market value or other properly defined value of identified interests in said real estate.
Cosigner appraiser experience is experience obtained by an individual who signs an appraisal report prepared by another, thereby accepting full responsibility for the content and conclusions of the appraisal.
To qualify for fee and staff appraiser experience, an individual must have prepared written appraisal reports after January 30, 1989, that comply with the Uniform Standards of Professional Appraisal Practice in the edition in effect at the time of the reports' preparation, including Standards 1 and 2.
2. "Ad valorem tax appraisal experience" means experience obtained by an individual who assembles and analyzes the relevant facts and who correctly employs those recognized methods and techniques that are necessary to produce and communicate credible appraisals within the context of the real property tax laws. Ad valorem tax appraisal experience may be obtained either through individual property appraisals or through mass appraisals as long as applicants under this category of experience can demonstrate that they are using techniques to value real property similar to those being used by fee and staff appraisers and that they are effectively utilizing the appraisal process.
To qualify for ad valorem tax appraisal experience for individual property appraisals, an individual must have prepared written appraisal reports after January 30, 1989, that comply with the Uniform Standards of Professional Appraisal Practice in the edition in effect at the time of the reports' preparation.
To qualify for ad valorem tax appraisal experience for mass appraisals, an individual must have prepared mass appraisals or have documented mass appraisal reports after January 30, 1989, that comply with the Uniform Standards of Professional Appraisal Practice in the edition in effect at the time of the reports' preparation, including Standard 6.
In addition to the preceding, to qualify for ad valorem tax appraisal experience, the applicant's experience log must be attested to by the applicant's supervisor.
3. "Reviewer experience" means experience obtained by an individual who examines the reports of appraisers to determine whether their conclusions are consistent with the data reported and other generally known information. An individual acting in the capacity of a reviewer does not necessarily make personal inspection of real estate but does review and analyze relevant facts assembled by fee and staff appraisers and by the use of reason and exercise of judgment forms objective conclusions as to the validity of fee and staff appraisers' opinions. Reviewer experience shall not constitute more than 1,000 hours of total experience claimed, and at least 50% of the review experience claimed must be in field review wherein the individual has personally inspected the real property which is the subject of the review.
To qualify for reviewer experience, an individual must have prepared written reports after January 30, 1989, recommending the acceptance, revision, or rejection of the fee and staff appraiser's opinions that comply with the Uniform Standards of Professional Appraisal Practice in the edition in effect at the time of the reports' preparation, including Standard 3.
Signing as "Review Appraiser" on an appraisal report prepared by another will not qualify an individual for experience in the reviewer category. Experience gained in this capacity will be considered under the cosigner subcategory of fee and staff appraiser experience.
4. "Real estate consulting experience" means experience obtained by an individual who assembles and analyzes the relevant facts and by the use of reason and the exercise of judgment forms objective opinions concerning matters other than value estimates relating to real property. Real estate consulting experience includes the following:
Absorption Study Ad Valorem Tax Study Annexation Study Assemblage Study Assessment Study Condominium Conversion Study Cost-Benefit Study Cross Impact Study Depreciation/Cost Study Distressed Property Study Economic Base Analysis Economic Impact Study Economic Structure Analysis Eminent Domain Study Feasibility Study Highest and Best Use Study Impact Zone Study Investment Analysis Study Investment Strategy Study Land Development Study Land Suitability Study Land Use Study Location Analysis Study Market Analysis Study Market Strategy Study Market Turning Point Analysis Marketability Study Portfolio Study Rehabilitation Study Remodeling Study Rental Market Study Right of Way Study Site Analysis Study Utilization Study Urban Renewal Study Zoning Study
To qualify for real estate consulting experience, an individual must have prepared written reports after January 30, 1989, that comply with the Uniform Standards of Professional Appraisal Practice in the edition in effect at the time of the reports' preparation, including Standards 4 and 5. Real estate consulting shall not constitute more than 500 hours of experience for any type of appraisal license.
"Inactive license" means a license that has been renewed status in which the licensee may not practice but can renew the license without meeting the continuing education requirements specified in this chapter. Inactive licenses do not meet the requirements set forth in § 54.1-2011 of the Code of Virginia.
"Licensed residential real estate appraiser" means an individual who meets the requirements for licensure for the appraisal of or the review appraisal of any noncomplex, residential real estate or real property of one-to-four residential units, including federally related transactions, where the transaction value or market value as defined by the Uniform Standards of Professional Appraisal Practice is less than $1 million, and complex one-to-four residential units having a transaction value less than $400,000. Licensed residential real estate appraisers may also appraise or provide a review appraisal of noncomplex, nonresidential properties with a transaction value or market value as defined by the Uniform Standards of Professional Appraisal Practice up to $250,000, whichever is the lesser.
"Licensee" means any individual holding an active a license issued by the Real Estate Appraiser Board board to act as a certified general real estate appraiser, certified residential real estate appraiser, licensed residential real estate appraiser, or appraiser trainee as defined, respectively, in § 54.1-2009 of the Code of Virginia and in this chapter.
"Local, state, or federal government agency, board, or commission" means an entity established by any local, federal, or state government to protect or promote the health, safety, and welfare of its citizens.
"Proprietary school" means a privately owned school offering appraisal or appraisal related courses approved by the board.
"Provider" means accredited colleges, universities, or junior and community colleges; adult distributive or marketing education programs; local, state, or federal government agencies, boards, or commissions; proprietary schools; or real estate appraisal or real estate related organizations.
"Real estate appraisal activity" means the act or process of valuation of real property or preparing an appraisal report.
"Real estate appraisal" or "real estate related organization" means any appraisal or real estate related organization formulated on a national level, where its membership extends to more than one state or territory of the United States.
"Reciprocity agreement" means a conditional agreement between two or more states that will recognize one another's regulations and laws for equal privileges for mutual benefit.
"Registrant" means any corporation, partnership, association, or other business entity that provides appraisal services and that is registered with the Real Estate Appraiser Board board in accordance with § 54.1-2011 E of the Code of Virginia.
"Reinstatement" means having a license or registration restored to effectiveness after the expiration date has passed.
"Renewal" means continuing the effectiveness of a license or registration for another period of time.
"Sole proprietor" means any individual, but not a corporation, partnership, or association, who is trading under the individual's own name, or under an assumed or fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.
"Substantially equivalent" means any educational course or seminar, experience, or examination taken in this or another jurisdiction that is equivalent in classroom hours, course content and subject, and degree of difficulty, respectively, to those requirements outlined in this chapter and Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1 of the Code of Virginia for licensure and renewal.
"Supervising appraiser" means any individual holding a license issued by the Real Estate Appraiser Board board to act as a certified general real estate appraiser or certified residential real estate appraiser who supervises any unlicensed individual acting as a real estate appraiser or an appraiser trainee as specified in this chapter.
"Transaction value" means the monetary amount of a transaction that may require the services of a certified or licensed appraiser for completion. The transaction value is not always equal to the market value of the real property interest involved. For loans or other extensions of credit, the transaction value equals the amount of the loan or other extensions of credit. For sales, leases, purchases, and investments in or exchanges of real property, the transaction value is the market value of the real property interest involved. For the pooling of loans or interests in real property for resale or purchase, the transaction value is the amount of the loan or the market value of real property calculated with respect to each such loan or interest in real property, for the purpose of this chapter, for (i) appraisal assignments carried out as part of a loan transaction, the amount of the loan; or (ii) appraisal assignments carried out for other than a loan transaction, the market value of the real property interest.
"Uniform Standards of Professional Appraisal Practice" means the 2020-2021 2024 edition of those standards promulgated by the Appraisal Standards Board of the Appraisal Foundation for use by all appraisers in the preparation of appraisal reports. The 2024 Uniform Standards of Professional Appraisal Practice, effective January 1, 2024, are incorporated by reference.
"Valuation" means an estimate or opinion of the value of real property.
"Valuation assignment" means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that results in an estimate or opinion of the value of an identified parcel of real property as of a specified date.
"Valuation services" means services pertaining to aspects of property value.
"Waiver" means the voluntary, intentional relinquishment of a known right.
A. Certified general real estate appraisers may perform appraisal of all types of real estate and real property and must be licensed as a certified general real estate appraiser.
B. Certified residential real estate appraisers may perform the appraisal of or the review appraisal of any residential real estate or real property of one to four residential units regardless of transaction value or complexity. Certified residential real estate appraisers may also appraise or provide a review appraisal of nonresidential properties with a transaction value or market value as defined by the Uniform Standards of Professional Appraisal Practice up to $250,000, whichever is the lesser.
C. Licensed residential real estate appraisers may perform the appraisal of or the review appraisal of any noncomplex, residential real estate or real property of one-to-four residential units, including federally related transactions, where the transaction value or market value as defined by the Uniform Standards of Professional Appraisal Practice is less than $1 million, and complex one-to-four residential units having a transaction value less than $400,000. Licensed residential real estate appraisers may also appraise or provide a review appraisal of noncomplex, nonresidential properties with a transaction value or market value as defined by the Uniform Standards of Professional Appraisal Practice up to $250,000, whichever is the lesser.
A. All business entities, both domestic (in-state) and foreign (out-of-state), providing appraisal services shall must register with the board by completing an application furnished by the board describing the location, nature, and operation of their practices, and the name and address of the registered agent, an associate, or a partner of the business entity. Along with a completed application form, domestic corporations and limited liability companies shall provide a copy of the certificate as issued by the State Corporation Commission; foreign (out-of-state) corporations and limited liability companies shall provide a copy of the certificate from the State Corporation Commission; partnerships shall provide a copy of the certified Partnership Certificate; and other business entities trading under a fictitious name shall be authorized to conduct business in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia. Every business entity providing appraisal services shall provide the name and license number of a board licensee who shall serve as the contact person for the board.
1. Partnerships, corporations, and limited liability companies must be registered with the State Corporation Commission.
2. Business entities trading under a fictitious name must be authorized to conduct business in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia.
3. Applicants must provide a physical address.
B. Every business entity providing appraisal services must provide the name and license number of a board licensee who must serve as the contact person for the board.
Every applicant to the Real Estate Appraiser Board board for a certified general, certified residential, or licensed residential real estate appraiser license shall must meet the following qualifications:
1. The applicant shall be of good moral character, honest, truthful, and competent to transact the business of a licensed real estate appraiser in such a manner as to safeguard the interests of the public.
2. 1. The applicant shall must meet the current educational and experience requirements and submit a license application to the Department of Professional and Occupational Regulation department or its agent prior to the time the applicant is approved to take the licensing examination. Applications received by the department or the department's agent must be complete within 12 months of the date of the receipt of the license application and fee by the Department of Professional and Occupational Regulation or the department's agent.
3. 2. The applicant shall must sign, as part of the application, a statement verifying that the applicant has read and understands the Virginia real estate appraiser license law and the regulations of the Real Estate Appraiser Board board.
4. The applicant shall be in good standing as a real estate appraiser in every jurisdiction where licensed or certified; the applicant may not have had a license or certification that was suspended, revoked, or surrendered in connection with a disciplinary action or that has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia 3. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
5. The applicant shall possess a background that would not call into question the public trust. Each applicant shall submit to fingerprinting. A background investigation shall be conducted, which shall not reveal that the applicant has been convicted, found guilty, or pled guilty or nolo contendere to a crime that would call into question the applicant's fitness or suitability to engage in the profession. The 4. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:
a. All felony misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within five years of the date of the application; and
b. All misdemeanor convictions except marijuana convictions in any jurisdiction that occurred within five years of the date of application felony convictions.
Any plea of nolo contendere or finding of guilt regardless of adjudication or deferred adjudication shall be considered a conviction for purposes of this subdivision The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.
6. 5. The applicant shall must be at least 18 years old.
7. The applicant shall have successfully completed the following education:
a. Licensed residential classification - 150 hours of approved real estate appraisal courses, including the 15-Hour National Uniform Standards of Professional Appraisal Practice course, from accredited colleges, universities, and junior and community colleges; adult distributive or marketing education programs; local, state, or federal government agencies, boards, or commissions; proprietary schools; or real estate appraisal or real estate related organizations. The required core curriculum for the certified general or certified residential real estate appraiser is a bachelor's degree or higher from an accredited college or university. The classroom hours required for the licensed residential classification may include the classroom hours required for the appraiser trainee.
b. Certified residential classification - 200 hours of approved real estate appraisal courses, including the 15-Hour National Uniform Standards of Professional Appraisal Practice course, from accredited colleges, universities, and junior and community colleges; adult distributive or marketing education programs; local, state, or federal government agencies, boards, or commissions; proprietary schools; or real estate appraisal or real estate related organizations. The classroom hours required for the certified residential classification may include the classroom hours required for the appraiser trainee or the licensed residential classification. The applicant shall also meet one of the following options for the required core curriculum:
(1) A bachelor's degree in any field of study;
(2) An associate's degree in a field of study related to business administration, accounting, finance, economics, or real estate;
(3) Successful completion of 30 semester hours of college-level courses that cover each of the following specific topic areas and hours: English composition ( three hours); microeconomics ( three hours); macroeconomics ( three hours); finance ( three hours); algebra, geometry, or higher math ( three hours); statistics ( three hours); computer science ( three hours); business law or real estate law ( three hours); and two elective courses in any of the topics described in this subdivision or in accounting, geography, agricultural economics, business management, or real estate ( three hours each);
(4) Successful completion of at least 30 hours of College Level Examination Program (CLEP) examinations that cover each of the specific topic areas in subdivision 7 b (3) of this section. For purposes of this option, the CLEP examination for college algebra ( three hours) may be applied to the topic area of algebra, geometry, or higher math; the CLEP examination for college composition ( six hours) may be applied to the topic area of English composition; the CLEP examination for college composition modular ( three hours) may be applied to the topic area of English composition; the CLEP examination for college mathematics ( six hours) may be applied to the topic area of algebra, geometry, or higher math or statistics; the CLEP examination for principles of macroeconomics ( three hours) may be applied to the topic area of macroeconomics or finance; the CLEP examination for principles of microeconomics ( three hours) may be applied to the topic area of microeconomics or finance; the CLEP examination for introductory business law ( three hours) may be applied to the topic area of business law or real estate law; and the CLEP examination for information systems ( three hours) may be applied to the topic area of computer science;
(5) Successful completion of at least 30 hours of any combination of college-level courses and CLEP examinations that includes all of the topics identified in subdivision 7 b (3) of this section; or
(6) No college-level education. This option applies only to applicants who have held a licensed residential credential for a minimum of five years and have no record of any adverse, final, and nonappealable disciplinary action affecting the licensed residential appraiser's legal eligibility to engage in appraisal practice within the five years immediately preceding the date of application for a certified residential credential.
c. Certified general classification - 300 hours of approved real estate appraisal courses, including the 15-Hour National Uniform Standards of Professional Appraisal Practice course, from accredited colleges, universities, and junior and community colleges; adult distributive or marketing education programs; local, state, or federal government agencies, boards, or commissions; proprietary schools; or real estate appraisal or real estate related organizations. The applicant must complete an advanced level appraisal course of at least 30 classroom hours in the appraisal of nonresidential properties. The classroom hours required for the certified general classification may include the classroom hours required for the appraiser trainee, the licensed residential classification, or the certified residential classification. The required core curriculum is a bachelor's degree or higher from an accredited college or university 6. The applicant must have successfully completed minimum education standards established by the Appraiser Qualifications Board in its January 2022 Real Property Appraiser Qualification Criteria. The Real Property Appraiser Qualification Criteria and Interpretations of the Criteria, effective January 1, 2022, are incorporated by reference.
8. 7. The applicant shall must, as part of the application for licensure, verify the applicant's experience in the field of real estate appraisal. All applicants must submit, upon application, sample appraisal reports as specified by the board. In addition, all experience must be acquired within the five-year period immediately preceding the date application is made and be supported by adequate written reports or file memoranda, which shall be made available to the board upon request.
a. All applicants must submit, upon application, sample appraisal reports as specified by the board.
(1) All experience must be acquired within the five-year period immediately preceding the date application is made and be supported by adequate written reports or file memoranda, which must be made available to the board upon request.
(2) The board may, at its discretion, extend the five-year period for applicants who have suffered serious personal illness or injury, or death in his immediate family, or obligation of military service or service in the Peace Corps, or for other good cause of similar magnitude approved by the board. Documentation of these circumstances must be provided to the board.
b. Experience requirements.
(1) Fee and staff appraisals. To qualify for fee and staff appraiser experience, an individual must have prepared written appraisal reports that comply with the Uniform Standards of Professional Appraisal Practice in the edition in effect at the time of the reports' preparation, and demonstrate competence in the act or process of valuation of real property or preparing an appraisal report.
(2) Ad valorem experience. Ad valorem tax appraisal experience may be obtained either through individual property appraisals or through mass appraisals as long as applicants under this category of experience can demonstrate that they are using techniques to value real property similar to those being used by fee and staff appraisers and that they are effectively utilizing the appraisal process.
(a) To qualify for ad valorem tax appraisal experience for individual property appraisals, an individual must have prepared written appraisal reports that comply with the Uniform Standards of Professional Appraisal Practice in the edition in effect at the time of the reports' preparation. An applicant claiming only ad valorem tax appraisal experience must also include a fee and staff appraiser assignment as part of their application.
(b) To qualify for ad valorem tax appraisal experience for mass appraisals, an individual must have prepared mass appraisals or have documented mass appraisal reports that comply with the Uniform Standards of Professional Appraisal Practice in the edition in effect at the time of the reports' preparation, including Standard 6.
(c) To qualify for ad valorem tax appraisal experience, the applicant's experience log must be attested to by the applicant's supervisor.
(3) Reviewer experience. Reviewer experience must not constitute more than 1,000 hours of total experience claimed, and at least 50% of the review experience claimed must be in field review wherein the individual has personally inspected the real property which is the subject of the review.
(a) To qualify for reviewer experience, an individual must have prepared written reports after January 30, 1989, recommending the acceptance, revision, or rejection of the fee and staff appraiser's opinions that comply with the Uniform Standards of Professional Appraisal Practice in the edition in effect at the time of the reports' preparation, including Standard 3.
(b) Signing as "Review Appraiser" on an appraisal report prepared by another will not qualify an individual for experience in the reviewer category. Experience gained in this capacity will be considered under the cosigner subcategory of fee and staff appraiser experience.
(4) Real estate consulting experience. To qualify for real estate consulting experience, an individual must have prepared written reports that comply with the Uniform Standards of Professional Appraisal Practice in the edition in effect at the time of the reports' preparation. Real estate consulting must not constitute more than 500 hours of experience for any type of appraisal license.
a. c. Experience hours.
(1) The applicant for a licensed residential real estate appraiser license shall must have a minimum of 1,000 hours of appraisal experience, in no fewer than six months. Hours may be treated as cumulative in order to achieve the necessary 1,000 hours of appraisal experience.
b. (2) The applicant for a certified residential real estate appraiser license shall must have a minimum of 1,500 hours of appraisal experience obtained during no fewer than 12 months. Hours may be treated as cumulative in order to achieve the necessary 1,500 hours of appraisal experience.
c. (3) The applicant for a certified general real estate appraiser license shall must have a minimum of 3,000 hours of appraisal experience obtained during no fewer than 18 months. Hours may be treated as cumulative in order to achieve the necessary 3,000 hours of appraisal experience. At least 50% of the appraisal experience required (1,500 hours) must be in nonresidential appraisal assignments and include assignments that demonstrate the use and understanding of the income approach. An applicant whose nonresidential appraisal experience is predominately in such properties that do not require the use of the income approach may satisfy this requirement by performing two or more appraisals on properties in association with a certified general appraiser that include the use of the income approach. The applicant must have provide evidence that the applicant has substantially contributed to the development of the income approach in such reports and shall provide evidence or verification of such contribution.
d. (4) Applicants completing a Licensed Residential Practical Applications of Real Estate Appraisal (PAREA) Program shall will receive credit for:
(1) (a) 100% of the experience required by board regulations as a condition of licensure as a licensed residential real estate appraiser;
(2) (b) 67% of the experience required by board regulations as a condition of licensure as a certified residential real estate appraiser; or
(3) (c) 33% of the experience required by board regulations as a condition of licensure as a certified general real estate appraiser.
e. (5) Applicants completing a Certified Residential PAREA Program shall will receive credit for:
(1) (a) 100% of the experience required by board regulations as a condition of licensure as a licensed residential real estate appraiser or certified residential real estate appraiser; or
(2) (b) 50% of the experience required by board regulations as a condition of licensure as a certified general real estate appraiser.
9. Within 12 months after being approved by the board to take the examination, the applicant shall have registered for and passed a written examination developed or endorsed by the Appraiser Qualifications Board and provided by the board or by a testing service acting on behalf of the board. Successful completion of the examination is valid for a period of 24 months 8. Applicants must pass the board approved examination within 24 months of being approved to take the examination.
10. 9. Applicants for licensure who do not meet the requirements set forth in subdivisions 4 and 5 subdivisions 3 and 4 of this section may be approved for licensure following consideration of their application by the board.
Every applicant to the Real Estate Appraiser Board board for a license by reciprocity shall have met must meet the following qualifications:
1. An individual who is currently licensed or certified as a real estate appraiser in another jurisdiction may obtain a Virginia real estate appraiser license by providing documentation that the applicant has met educational, experience and examination requirements that are substantially equivalent to those required in Virginia for the appropriate level of licensure.
2. 1. The applicant shall must be at least 18 years of age.
3. 2. The applicant shall must, as part of the application, verify that the applicant has read and understands the Virginia real estate appraiser license law and the regulations of the Real Estate Appraiser Board board.
4. The applicant shall be in good standing as a licensed or certified real estate appraiser in every jurisdiction where licensed or certified; the applicant may not have had a license or certification as a real estate appraiser which was suspended, revoked, or surrendered in connection with a disciplinary action or which has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia 3. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
5. The applicant shall be of good moral character, honest, truthful, and competent to transact the business of a licensed real estate appraiser in such a manner as to safeguard the interests of the public.
6. The applicant may not have been convicted, found guilty or pled guilty, regardless of adjudication, in any jurisdiction of a misdemeanor involving moral turpitude or of any felony. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. A certified copy of a final order, decree, or case decision, by a court with the lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such conviction. 4. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:
a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within five years of the date of the application; and
b. All felony convictions.
The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.
7. 5. Applicants for licensure who do not meet the requirements set forth in subdivisions 4 and 6 subdivisions 3 and 4 of this section may be approved for licensure following consideration by the board.
An individual who is currently licensed or certified as a real estate appraiser in another jurisdiction may obtain a temporary Virginia real estate appraiser's license as required by Section 1121 of the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 USCS § 1811.
The appraiser's permanent certification or license issued by another state shall will be recognized as equivalent to a Virginia license provided that:
1. The appraiser's business is of a temporary nature, and is limited to one specific assignment not to exceed 12 months. A specific assignment may include multiple properties. The temporary assignment must be complete prior to the expiration date of the permanent certification or license issued by another state.
2. The applicant shall must, as part of the application, verify that the applicant has read and understands the Virginia real estate appraiser license law and the regulations of the Real Estate Appraiser Board board.
3. The applicant shall be in good standing as a licensed or certified real estate appraiser in every jurisdiction where licensed or certified; the applicant may not have had a license or certification as a real estate appraiser which was suspended, revoked, or surrendered in connection with a disciplinary action The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
4. The applicant shall be of good moral character, honest, truthful, and competent to transact the business of a real estate appraiser in such a manner as to safeguard the interest of the public.
5. The applicant may not have been convicted, found guilty or pled guilty, regardless of adjudication, in any jurisdiction of a misdemeanor involving moral turpitude or of any felony. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. A certified copy of a final order, decree, or case decision, by a court with the lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such conviction. 4. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:
a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within five years of the date of the application; and
b. All felony convictions.
The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.
6. 5. Applicants for licensure who do not meet the requirements set forth in subdivisions 3 and 5 subdivisions 3 and 4 of this section may be approved for licensure following consideration by the board.
Applicants for temporary licensure shall must verify the above information on an application form provided by the board. A temporary license cannot be renewed. More than one temporary license may be issued per year.
An applicant for licensure as an appraiser trainee shall must meet the following educational requirements in addition to those set forth in subdivisions 1 through 6 and 10 subdivisions 1 through 5 and 9 of 18VAC130-20-30.
1. Within the five-year period immediately preceding application for licensure, the applicant shall must have successfully completed 75 hours of approved real estate appraisal courses from accredited colleges, universities, junior and community colleges; adult distributive or marketing education programs; local, state or federal government agencies, boards or commissions; proprietary schools; or real estate appraisal or real estate related organizations. The classroom hours shall must include the 15-Hour National Uniform Standards of Professional Appraisal Practice course.
2. Complete an Appraiser Qualifications Board approved course specifically oriented to the requirements and responsibilities of supervising appraisers and appraiser trainees.
3. There is no experience requirement for the appraiser trainee classification.
4. Responsibilities of supervising appraisers are described in this subdivision.
a. The appraiser trainee shall must be subject to direct supervision by a supervising appraiser who completed an Appraiser Qualifications Board approved course specifically oriented to the requirements and responsibilities of supervising appraisers and appraiser trainees, has been state certified for at least three years, is in good standing, and has not been subject to any disciplinary action within the last three years that affects the supervising appraiser's legal eligibility to engage in appraisal practice.
b. The supervising appraiser shall must be responsible for the training and direct supervision of the appraiser trainee by:
(1) Accepting responsibility for the appraisal report by signing and certifying the report is in compliance with the Uniform Standards of Professional Appraisal Practice;
(2) Reviewing the appraiser trainee appraisal report(s); and
(3) Personally inspecting each appraised property with the appraiser trainee until the supervising appraiser determines the appraiser trainee is competent in accordance with the Competency Provision of the Uniform Standards of Professional Appraisal Practice for the property type.
c. The appraiser trainee is permitted to have more than one supervising appraiser, but a supervising appraiser may not supervise more than three trainees, at one time, unless a state program in the licensing jurisdiction provides for progress monitoring, supervising certified appraiser qualifications, and supervision and oversight requirements for supervising appraisers.
d. An appraisal experience log shall must be maintained jointly by the supervising appraiser and the appraiser trainee. It is the responsibility of both the supervising appraiser and the appraiser trainee to ensure the appraisal experience log is accurate, current, and complies with the board's requirements. At a minimum, the appraisal log requirements are (i) type of property, (ii) date of report, (iii) address of appraised property, (iv) description of work performed by the appraiser trainee and scope of the review and supervision of the supervising appraiser, (v) number of actual work hours by the appraiser trainee on the assignment, and (vi) the signature and state certification number of the supervising appraiser. Separate appraisal logs shall must be maintained for each supervising appraiser, if applicable.
Pursuant to the mandate of Title 11 of the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989, and § 54.1-2013 of the Code of Virginia, instructors teaching prelicense educational offerings who are not employed or contracted by accredited colleges, universities, junior and community colleges, adult distributive or marketing education programs are required to be certified by the board. Effective January 1, 2003, all All Uniform Standards of Professional Appraisal Practice courses taught for prelicense and continuing education credit must be taught by instructors certified by the Appraiser Qualifications Board. Applications received by the department or its agent must be complete within 12 months of the date of the receipt of the license application and fee by the Department of Professional and Occupational Regulation or its agent.
The applicant shall be in good standing as a real estate appraiser in every jurisdiction where licensed or certified; the applicant may not have had a license or certification which was suspended, revoked or surrendered in connection with a disciplinary action or which has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia, and shall for certification as a pre-licensure instructor must have:
1. A baccalaureate degree in real estate, economics, finance or business, and have satisfied the state appraisal licensing educational requirements for the level being instructed; or
2. A baccalaureate degree, an appraisal license which has been in good standing for at least two years, and a A current certified residential or certified general appraisal license appropriate for the level being instructed and two years of experience as an instructor or teacher at the secondary or post-secondary level; or
3. Seven years of active experience acquired in the appraisal field in the past 10 years, an appraisal license which has been in good standing for at least two years, and a current certified residential or certified general appraisal license appropriate for the level being instructed.
There will be no pro rata refund of these fees to licensees who resign or upgrade to a higher license or to licensees whose licenses are revoked or surrendered for other causes. All application fees for licenses and registrations are nonrefundable and will not be prorated.
1. Application fees for registrations, certificates and licenses are as follows:
Registration of Business Entity |
$160 |
|
Certified General Real Estate Appraiser |
$290 |
|
Temporary Certified General Real Estate Appraiser |
$75 |
|
Certified Residential Real Estate Appraiser |
$290 |
|
Temporary Certified Residential Real Estate Appraiser |
$75 |
|
Licensed Residential Real Estate Appraiser |
$290 |
|
Temporary Licensed Residential Real Estate Appraiser |
$75 |
|
Appraiser Trainee |
$155 |
|
Upgrade of License |
$130 |
|
Instructor Certification |
$150 |
Application fees for a certified general real estate appraiser, a certified residential real estate appraiser, a licensed residential real estate appraiser and an appraiser trainee include a $37.50 fee for a copy of the Uniform Standards of Professional Appraisal Practice. This fee is subject to the fee charged by the Appraisal Foundation and may be adjusted and charged to the applicant in accordance with the fee charged by the Appraisal Foundation.
2. Examination fees. The fee for examination or reexamination is subject to contracted charges to the department by an outside vendor. These contracts are competitively negotiated and bargained for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with this contract.
3. An $80 National Registry fee assessment for all permanent license applicants is to be assessed of each applicant in accordance with § 1109 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 USC §§ 3331–3351). This fee may be adjusted and charged to the applicant in accordance with the Act. If the applicant fails to qualify for licensure, then this assessment fee will be refunded.
Licenses All licenses and certifications issued under this chapter for certified general real estate appraisers, certified residential real estate appraisers and licensed residential real estate appraisers and, appraiser trainees, and instructors, and registrations issued for business entities shall will expire two years from the last day of the month in which they were issued, as indicated on the license, certificate, or registration. Certifications issued under this chapter for instructors shall expire two years from the last day of the month in which they were issued, as indicated on the certification.
A. As a condition of renewal, and under § 54.1-2014 of the Code of Virginia, all active certified general real estate appraisers, certified residential real estate appraisers, and licensed residential real estate appraisers, resident or nonresident, shall be are required to complete continuing education courses satisfactorily within each licensing term as follows:
1. All real estate appraisers must satisfactorily complete continuing education courses or seminars offered by accredited colleges, universities, or junior and community colleges; adult distributive or marketing education programs; local, state, or federal government agencies, boards, or commissions; proprietary schools; or real estate appraisal or real estate related organizations a provider of not less than 28 classroom hours during each licensing term.
2. All real estate appraisers may also satisfy up to one half of an individual's continuing education requirements by participation other than as a student in educational processes and programs approved by the board to be substantially equivalent for continuing education purposes, including teaching, program development, or authorship of textbooks.
3. Seven of the classroom hours completed to satisfy the continuing education requirements shall must be the National Uniform Standards of Professional Appraisal Practice update course or its equivalent.
4. Aside from complying with the requirement to complete the seven-hour National USPAP Update Course, or its equivalent, appraisers may not receive credit for completion of the same continuing education course within a licensing term.
5. As part of the required hours, all real estate appraisers must complete a minimum two-hour course on either fair housing or appraisal bias. Such course must be (i) a fair housing or appraisal bias course approved by the Appraiser Qualifications Board; (ii) approved by the Real Estate Board in its fair housing category; or (iii) approved by the board in accordance with Part V (18VAC130-20-200 et seq.) of this chapter.
B. As a condition of renewal, all licensed real estate appraiser trainees shall must meet the continuing education requirements set forth in subsection A of this section.
C. All applicants for renewal of a license shall must meet the standards for entry as set forth in subdivisions 1, 3, and 4 subdivisions 2 and 3 of 18VAC130-20-30.
D. Applicants for the renewal of a registration shall must meet the requirement for registration as set forth in 18VAC130-20-20.
E. Applicants for the renewal of a certificate as an instructor shall meet the standards for entry as set forth in 18VAC130-20-80.
F. E. Licensees applying to activate an inactive license must complete all required continuing education hours requirements that would have been required in the current license term if the licensee was active prior to application to activate the license.
A. The board will mail send a renewal application form notice to the licensee and certificate holder at the last known home address and to the registered firm or at the last known business address. This form shall outline the procedures for renewal. The board will send a renewal notice to the registered firm. Failure to receive the renewal application form shall notice will not relieve the licensee, certificate holder or the registrant of the obligation to renew.
B. Prior to the expiration date shown on the license or registration, each licensee, certificate holder or registrant desiring to renew the license or registration shall must return to the board the completed renewal application form and the appropriate renewal and registry fees as outlined in 18VAC130-20-130.
C. The date on which the renewal application form and the appropriate fees are received by the Department of Professional and Occupational Regulation or its agent will determine whether the licensee, certificate holder or registrant is eligible for renewal. If either the renewal application form or renewal fee, including the registry fee, is not received by the Department of Professional and Occupational Regulation or its agent within 30 days of the expiration date, the licensee, certificate holder or registrant must reinstate his license by meeting all requirements listed in 18VAC130-20-110 and pay a reinstatement fee as specified in 18VAC130-20-130. One year after the expiration date on the license, certificate or registration, reinstatement is no longer possible. To resume practice, the former licensee, certificate holder, or registrant shall reapply for licensure as a new applicant, meeting current education, examination and experience requirements. Renewal and reinstatement.
1. The date on which the renewal and registry fees are received by the department or its agent will determine whether the licensee, certificate holder or registrant is eligible for renewal.
2. If the renewal and registry fees are not received by the department or its agent within 30 days of the expiration date, the licensee, certificate holder or registrant must reinstate his license by meeting all requirements listed in 18VAC130-20-110 and pay a reinstatement fee as specified in 18VAC130-20-130.
3. Two years after the expiration date on the license, certificate or registration, reinstatement is no longer possible. To resume practice, the former licensee, certificate holder, or registrant must reapply for licensure as a new applicant, meeting current education, examination, and experience requirements.
4. When a license is reinstated, the licensee will continue to have the same license number and will be assigned an expiration date two years from the date of the last day of the month of reinstatement.
5. A licensee that reinstates a license will be regarded as having been continuously licensed without interruption. Therefore, a licensee will be subject to the authority of the board for activities performed prior to reinstatement.
6. A licensee that fails to reinstate a license will be regarded as unlicensed from the expiration date of the license forward. Nothing in this chapter will divest the board of its authority to discipline a licensee for a violation of the law or regulations during the period of time for which the individual was licensed.
A. All fees are nonrefundable and will not be prorated.
B. National Registry fee assessment. In accordance with the requirements of § 1109 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (the Act), $80 of the biennial renewal or reinstatement fee assessed for all certified general real estate appraisers, certified residential real estate appraisers, and licensed residential real estate appraisers shall must be submitted to the Appraisal Subcommittee. The registry fee may be adjusted in accordance with the Act and charged to the licensee.
Renewal and reinstatement fees for a certified general real estate appraiser, a certified residential real estate appraiser, a licensed residential real estate appraiser, and an appraiser trainee include a $37.50 fee for a copy of the Uniform Standards of Professional Appraisal Practice. This fee is subject to the fee charged by the Appraisal Foundation and may be adjusted and charged to the applicant in accordance with the fee charged by the Appraisal Foundation.
C. Renewal fees are as follows:
Certified general real estate appraiser |
$205 |
Certified residential real estate appraiser |
$205 |
Licensed residential real estate appraiser |
$205 |
Appraiser trainee |
$125 |
Registered business entity |
$120 |
Certified instructor |
$150 |
For licenses expiring on May 31, 2023, and before May 1, 2025, the renewal fees are as follows:
Certified general real estate appraiser |
$140 |
Certified residential real estate appraiser |
$140 |
Licensed residential real estate appraiser |
$140 |
Appraiser trainee |
$60 |
Registered business entity |
$25 |
Certified instructor |
$25 |
D. Reinstatement fees are as follows:
Certified general real estate appraiser |
$385 |
Certified residential real estate appraiser |
$385 |
Licensed residential real estate appraiser |
$385 |
Appraiser trainee |
$250 |
Registered business entity |
$280 |
Certified instructor |
$300 |
For licenses expiring on May 31, 2023, and before May 1, 2025, the reinstatement fees shall be are as follows:
Certified general real estate appraiser |
$320 |
Certified residential real estate appraiser |
$320 |
Licensed residential real estate appraiser |
$320 |
Appraiser trainee |
$155 |
Registered business entity |
$185 |
Certified instructor |
$25 |
A. When a license is reinstated, the licensee shall continue to have the same license number and shall be assigned an expiration date two years from the previous expiration date of the license.
B. A licensee or certificate holder who is reinstated shall be regarded as having been continuously licensed without interruption. Therefore, the licensee or certificate holder shall remain under the disciplinary authority of the board during this entire period and may be held accountable for his activities during this period. A licensee or certificate holder who is not reinstated shall be regarded as unlicensed from the expiration date of the license forward. Nothing in this chapter shall divest the board of its authority to discipline a licensee or certificate holder for a violation of the law or regulations during the period of time for which the appraiser was licensed.
A. The board has the power to fine any licensee, registrant or certificate holder, to place any licensee, registrant or certificate holder on probation, and to suspend or revoke any license, registration or certification issued under the provisions of Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1 of the Code of Virginia and the regulations of the board, in accordance with subdivision A 7 of § 54.1-201, 54.1-202, and the provisions of the Administrative Process Act, Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia, when any licensee, registrant or certificate holder has been found to have violated or cooperated with others in violating any provision of Chapter 20.1 of Title 54.1 of the Code of Virginia, any relevant provision of the Uniform Standards of Professional Appraisal Practice as developed by the Appraisal Standards Board of the Appraisal Foundation, or any regulation of the board. An appraiser trainee shall be subject to disciplinary action for his actions even if acting under the supervision of a supervising appraiser.
B. An appraiser trainee may be subject to disciplinary action for his actions even if acting under the supervision of a supervising appraiser.
In obtaining a real estate appraiser license and performing a real estate appraisal, a licensee shall must comply with each provision of the Uniform Standards of Professional Appraisal Practice Ethics Rule and the following standards of ethical conduct:
1. All applicants for licensure shall must follow all rules established by the board with regard to conduct at the examination. Such rules shall include any written instructions communicated prior to the examination date and any instruction communicated at the site, either written or oral, on the date of the examination. Failure to comply with all rules established by the board or a testing service acting on behalf of the board with regard to conduct at the examination shall may be grounds for denial of a license.
2. A licensee, certificate holder or registrant shall will not obtain or attempt to obtain a license, certification or registration by false or fraudulent representation.
3. A licensee, registrant or certificate holder shall will not make any misrepresentation.
A. The provisions of subsections C through L of this section shall will not apply to local, state, and federal employees performing in their official capacity.
B. Maintenance of licenses. The board shall is not be responsible for the failure of a licensee, registrant, or certificate holder to receive notices, communications, and correspondence.
1. Change of address. All licensed real estate appraisers, appraiser trainees, certified instructors, and business entities must report any change of address to the board within 30 days of such change.
a. All licensed real estate appraisers, appraiser trainees, and certified instructors shall at all times keep the board informed in writing of their current home address and shall report any change of address to the board within 30 days of such change.
b. Registered real estate appraisal business entities shall at all times keep the board informed in writing of their current business address and shall report any change of address to the board within 30 days of such change.
2. Change of name or business entity.
a. All real estate appraisers, appraiser trainees, and certified instructors shall promptly must notify the board in writing within 30 days and provide appropriate written legal verification of any change of name.
b. Registered real estate appraisal business entities shall promptly must notify the board of any change of name or change of business structure in writing within 30 days. In addition to written notification, corporations shall provide a copy of the Certificate of Amendment from the State Corporation Commission, partnerships shall provide a copy of a certified Partnership Certificate, and other business entities trading under a fictitious name shall be authorized to conduct business in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia.
c. Whenever the legal business entity holding the registration is dissolved or altered to form a new business entity, the original registration becomes void and shall be returned to the board within 30 days of the change. Additionally, the firm shall apply for a new registration, within 30 days of the change in the business entity. Such changes include:
(1) Death of a sole proprietor;
(2) Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and
(3) Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.
3. Upon the change of name or address of the registered agent, associate, or partner, or sole proprietor designated by a real estate appraisal business entity, the business entity shall notify the board in writing of the change within 30 days of such event.
4. 3. No license, certification, or registration issued by the board shall will be assigned or otherwise transferred.
5. 4. All licensees, certificate holders, and registrants shall must operate under the name in which the license or registration is issued.
6. All certificates of licensure, registration, or certification in any form are the property of the Real Estate Appraiser Board. Upon death of a licensee, dissolution or restructure of a registered business entity, or change of a licensee's, registrant's, or certificate holder's name or address, such licenses, registrations, or certificates must be returned with proper instructions and supplemental material to the board within 30 days of such event.
7. All appraiser licenses issued by the board shall be visibly displayed.
C. Use of signature and electronic transmission of report.
1. The signing or transmission of an appraisal report or the transmittal of a report electronically shall indicate indicates that the licensee has exercised complete direction and control over the appraisal. Therefore, no licensee shall sign or electronically transmit an appraisal that has been prepared by an unlicensed person unless such work was performed under the direction and supervision of the licensee in accordance with § 54.1-2011 C of the Code of Virginia.
2. All original appraisal reports shall must be signed by the licensed appraiser and contain the license number of the appraiser. For narrative and letter appraisals, the signature and final value conclusion shall appear on the letter of transmittal and certification page. For form appraisals, the signature shall must appear on the page designated for the appraiser's signature and final estimate of value. All temporary licensed real estate appraisers shall must sign and affix their temporary license to the appraisal report or letter for which they obtained the license to authenticate such report or letter. Appraisal reports may be transmitted electronically. Reports prepared without the use of a seal shall contain the license number of the appraiser.
a. An appraiser may provide market analysis studies or consulting reports, which do not constitute appraisals of market value, provided such reports, studies, or evaluations shall must contain a conspicuous statement that such reports, studies, or evaluations are not an appraisal as defined in § 54.1-2009 of the Code of Virginia.
b. Application of the seal and signature or electronic transmission of the report indicates acceptance of responsibility for work shown thereon.
c. The seal shall conform in detail and size to the design illustrated in this subdivision:
*The number on the seal shall be the 10-digit number or the last six digits, or the last significant digits on the license issued by the board.
D. Development of appraisal. In developing a real property appraisal, all licensees shall comply with the provisions of the Uniform Standards of Professional Appraisal Practice (USPAP) as defined in this chapter or in the prior edition in effect at the time of the reports' preparation. If the required definition of value uses the word "market," licensees must use the definition of market value set forth in USPAP "DEFINITIONS." A report must state the type of value, provide the definition, and cite the source for the definition.
E. Appraisal report requirements. In reporting a real property appraisal, a licensee shall must meet the requirements of the Uniform Standards of Professional Appraisal Practice as defined in this chapter or in the prior edition in effect at the time of the reports' preparation of the report.
F. Reviewing an appraisal. In performing a review appraisal, a licensee shall must comply with the requirements of the Uniform Standards of Professional Appraisal Practice as defined in this chapter or in the prior edition in effect at the time of the reports' preparation of the report. The reviewer's signature and seal shall license number must appear on the certification page of the report.
G. Mass appraisals. In developing and reporting a mass appraisal for ad valorem tax purposes, a licensee shall must comply with the requirements of the Uniform Standards of Professional Appraisal Practice as defined in this chapter or in the prior edition in effect at the time of the reports' preparation of the report.
H. Recordkeeping requirements.
1. A licensee shall must abide by the Record Keeping Rule as stated in the Uniform Standards of Professional Appraisal Practice as defined in this chapter or in the prior edition in effect at the time of the reports' preparation of the report.
2. A licensee or registrant of the Real Estate Appraiser Board shall board must, upon request or demand, promptly produce to the board or any of its agents within 10 working days of the request, any document, book, record, work file, or electronic record in a licensee's possession concerning any appraisal that the licensee performed, or for which the licensee is required to maintain records for inspection by the board or its agents. The board or any of its agents may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.
3. Upon the completion of an assignment, a licensee or registrant shall return to the rightful owner, upon demand, any document or instrument that the licensee possesses.
4. 3. The appraiser trainee shall be is entitled to obtain copies of appraisal reports he and work files prepared by the appraiser trainee. The supervising appraiser shall must keep copies of appraisal reports for a period of at least five years or at least two years after final disposition of any judicial proceedings in which testimony was given, whichever period expires last.
I. Disclosure requirements. A licensee appraising property in which he the licensee, any member of his the licensee’s family, his the licensee’s firm, any member of his the licensee’s firm, or any entity in which he the licensee has an ownership interest, has any interest shall must disclose, in writing, to any client such interest in the property and his the licensee’s status as a real estate appraiser licensed in the Commonwealth of Virginia. As used in the context of this chapter, "any interest" includes an ownership interest in the property to be appraised or in an adjacent property or involvement in the transaction, such as deciding whether to extend credit to be secured by such property.
J. Competency. A licensee shall must abide by the Competency Rule as stated in the Uniform Standards of Professional Appraisal Practice as defined in this chapter or in the prior edition in effect at the time of the reports' preparation of the report.
K. Scope of work. A licensee shall must abide by the Scope of Work Rule as stated in the Uniform Standards of Professional Appraisal Practice as defined in this chapter or in the prior edition in effect at the time of the reports' preparation of the report.
L. Jurisdictional exception. A licensee shall must abide by the Jurisdictional Exception Rule as stated in the Uniform Standards of Professional Appraisal Practice as defined in this chapter or in the prior edition in effect at the time of the reports' preparation of the report.
M. Prohibited acts.
1. A licensee shall must act as a certified general real estate appraiser, certified residential real estate appraiser, or licensed residential real estate appraiser in such a manner as to safeguard the interests of the public, and shall must not engage in improper, fraudulent, or dishonest conduct.
2. A licensee may not have been convicted, found guilty, or pled guilty, regardless of adjudication, in any jurisdiction of the United States of a misdemeanor involving moral turpitude or of any felony there being no appeal pending therefrom or the time for appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for the purposes of this subdivision. A certified copy of a final order, decree, or case decision by a court with the lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such guilt.
3. A licensee shall must inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty, regardless of adjudication, of any felony or of a misdemeanor involving moral turpitude in any jurisdiction.
4. A licensee may not have had a license or certification as a real estate appraiser that was suspended, revoked, or surrendered in connection with a disciplinary action or that has been the subject of discipline in any jurisdiction.
5. A licensee shall must inform the board in writing within 30 days of any disciplinary action taken in any jurisdiction against any appraiser license or certification to include the suspension, revocation, or surrender of an appraiser license or certification in connection with a disciplinary action in any other jurisdiction, and a licensee shall inform the board in writing within 30 days of any appraiser license or certification which has been the subject of discipline in any jurisdiction.
6. A licensee shall must perform all appraisals in accordance with Virginia Fair Housing Law (§ 36-96.1 et seq. of the Code of Virginia).
7. A licensee shall must respond to an inquiry by the board or its agents, other than requested under subdivision H 2 of this section, within 21 days.
8. A licensee shall must not provide false, misleading or incomplete information in the investigation of a complaint filed with the board.
A. Instructors shall must develop a record for each student which shall must include the student's name and address, the course name, the course hours and dates given, and the date the course was passed. This record shall must be retained by the course provider.
B. The instructor shall not solicit information from any person for the purpose of discovering past licensing examination questions or questions which may be used in future licensing examinations.
C. The instructor shall not distribute to any person copies of license examination questions, or otherwise communicate to any person license examination questions, without receiving the prior written approval of the copyright owner to distribute or communicate those questions.
D. The instructor shall not, through an agent or otherwise, advertise its services in a fraudulent, deceptive or misrepresentative manner.
E. Instructors shall not take any appraiser licensing examination for any purpose other than to obtain a license as a real estate appraiser.
F. B. Prohibited acts.
1. The instructor shall must act as a certified general real estate appraiser, certified residential real estate appraiser, or licensed residential real estate appraiser in such a manner as to safeguard the interests of the public and shall must not engage in improper, fraudulent, or dishonest conduct.
2. The instructor may not have been convicted, found guilty, or pled guilty, regardless of adjudication, in any jurisdiction of the United States of a misdemeanor involving moral turpitude or of any felony there being no appeal pending therefrom or the time for appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for the purposes of this subdivision. A certified copy of a final order, decree, or case decision by a court with the lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such guilt.
3. The instructor shall must inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty, regardless of adjudication, of any felony or of a misdemeanor involving moral turpitude.
4. The instructor may not have had a license or certification as a real estate appraiser that has been (i) suspended, revoked, or surrendered in connection with a disciplinary action or (ii) the subject of discipline in any jurisdiction.
5. The instructor shall must inform the board in writing within 30 days of any disciplinary action taken in any jurisdiction against any appraiser license or certification to include the suspension, revocation, or surrender of an appraiser license or certification in connection with a disciplinary action in any other jurisdiction, and a licensee shall inform the board in writing within 30 days of any appraiser license or certification that has been the subject of discipline in any jurisdiction.
6. The instructor, who is also a licensed appraiser, shall must perform all appraisals in accordance with Virginia Fair Housing Law (§ 36-96.1 et seq. of the Code of Virginia).
7. The instructor shall must respond to an inquiry by the board or its agents within 21 days.
8. The instructor shall must not provide false, misleading, or incomplete information in the investigation of a complaint filed with the board.
Pursuant to the mandate of Title 11 of the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989, § 54.1-2013 of the Code of Virginia, and the qualifications criteria set forth by the Appraisal Qualifications Board of the Appraisal Foundation, all educational offerings submitted for prelicensure and continuing education credit shall must be approved by the board. Educational offerings that have been approved by the Appraiser Qualifications Board shall be are considered to have met the standards for approval set forth in this chapter. Prelicense course applications received by the department or its agent must be complete within 12 months of the date of the receipt of the application and fee by the department or its agent.
A. Content.
1. Prior to licensure, applicants shall must have successfully completed the 15 hour National Uniform Standards of Professional Appraisal Practice course or its equivalent.
2. While various appraisal courses may be credited toward the classroom requirement specified for each classification of licensure, all applicants for licensure as an appraiser trainee, a licensed residential, certified residential, or certified general real estate appraiser must demonstrate that their course work included coverage of the required topics listed below.
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Basic appraisal principles (30 hours) |
3. All appraisal and appraisal-related offerings presented for prelicense credit must have a final, written examination. The examination may not be an open book examination.
4. Credit toward the classroom hour requirement to satisfy the educational requirement prior to licensure shall will be granted only where the length of the educational offering is at least 15 classroom hours.
B. Instruction. With the exception of courses taught at accredited colleges, universities, junior and community colleges, or adult distributive or marketing education programs, all other prelicense educational offerings given after January 1, 1993, must be taught by instructors certified by the board. All courses in the Uniform Standards of Professional Appraisal Practice must be instructed by an Appraisal Qualifications Board certified instructor.
A. Content.
1. The content of courses, seminars, workshops, or conferences that may be accepted for continuing education credit includes those topics listed in 18VAC130-20-210 A 2 and listed in this subdivision.
Ad valorem taxation |
Appraisal bias |
Arbitration, dispute resolution |
Courses related to the practice of real estate appraisal or consulting |
Development cost estimating |
Ethics and standards of professional practice, Uniform Standards of Professional Appraisal Practice |
Fair housing |
Land use planning, zoning |
Management, leasing, timesharing |
Property development, partial interests |
Real estate financing and investment |
Real estate law, easements, and legal interests |
Real estate litigation, damages, condemnation |
Real estate appraisal related computer applications |
Real estate securities and syndication |
Developing opinions of real property value in appraisals that also include personal property or business value |
Seller concessions and impact on value |
Energy efficient items and "green building" appraisals |
2. Any course related to appraisal bias designed to meet the requirements of 18VAC130-20-110 A 5 must be directly applicable to rendering of an opinion of value by an appraiser. Acceptable topics should consist of:
a. Awareness and identification of appraisal bias;
b. Effects of appraisal bias on consumers;
c. Assisting consumers who may have been subjected to biased appraisals;
d. Strategies to address appraisal bias; and
e. Laws and regulations applicable to appraisal bias.
3. Courses, seminars, workshops, or conferences submitted for continuing education credit must indicate that the licensee participated in an educational program that maintained and increased the licensee's knowledge, skill, and competency in real estate appraisal.
4. Credit toward the classroom hour requirement to satisfy the continuing education requirements shall will be granted only where the length of the educational offering is at least two hours and the licensee participated in the full length of the program.
B. Instruction. Although continuing education offerings are not required to be taught by board certified instructors, the Uniform Standards of Professional Appraisal Practice course must be taught by an Appraiser Qualifications Board certified instructor who is also a state certified appraiser.
A. Course credits shall will be awarded only once per license cycle for courses having substantially equivalent content.
B. Proof of completion of such course, seminar, workshop or conference may be in the form of a transcript, certificate, letter of completion or in any such written form as may be required by the board. All courses, seminars and workshops submitted for prelicensure and continuing education credit must indicate the number of classroom hours.
C. Information that may be requested by the board in order to further evaluate course content includes, but is not limited to, course descriptions, syllabi, or textbook references The board may request additional information in order to evaluate course content, including course descriptions, syllabi, or textbook references.
D. All transcripts, certificates, letters of completion or similar documents submitted to verify completion of seminars, workshops or conferences for continuing education credit must indicate successful completion of the course, seminar, workshop or conference. Applicants must furnish written proof of having received a passing grade in all prelicense education courses submitted.
E. All courses, seminars, workshops, or conferences submitted for satisfaction of continuing education requirements must be satisfactory to the board.
F. Prelicense courses. A distance education course may be acceptable to meet the classroom hour requirement or its equivalent provided that the course is approved by the board, the learner successfully completes a written examination proctored by an official approved by the presenting entity, college, or university, the course meets the requirements for qualifying education established by the Appraiser Qualifications Board, the course is equivalent to the minimum of 15 classroom hours and meets one of the following conditions:
1. The course is presented by an accredited (Commission on Colleges or a regional accreditation association) college or university that offers distance education programs in other disciplines; or
2. The course has received approval of the International Distance Education Certification Center (IDECC) for the course design and delivery mechanism and either the approval of the Appraisal Qualifications Board through its course approval program or the approval of the board for the content of the course.
G. Continuing education. Distance education courses may be acceptable to meet the continuing education requirement provided that the course is approved by the board, is a minimum of two classroom hours, meets the requirements for continuing education established by the Appraiser Qualifications Board and meets one of the following conditions:
1. The course is presented to an organized group in an instructional setting with a person qualified and available to answer questions, provide information, and monitor student attendance;
2. The course has been presented by an accredited (Commission on Colleges or regional accreditation association) college or university that offers distance education programs in other disciplines and the student successfully completes a written examination proctored by an official approved by the presenting college or university or by the sponsoring organization consistent with the requirements of the course accreditation; or if a written examination is not required for accreditation, the student successfully completes the course mechanisms required for accreditation that demonstrate mastery and fluency (said mechanisms must be present in a course without an exam in order to be acceptable); or
3. The course has received approval of the IDECC for the course design and delivery mechanism and either the approval of the Appraiser Qualifications Board through its course approval program or the approval of the board for the content of the course and the student successfully completes a written examination proctored by an official approved by the presenting college or university or by the sponsoring organization consistent with the requirements of the course accreditation; or if a written examination is not required for accreditation, the student successfully completes the course mechanisms required for accreditation that demonstrate mastery and fluency (said mechanisms must be present in a course without an exam in order to be acceptable). Distance education courses may be acceptable to meet prelicense education and continuing education requirements provided the course is approved by the board. Such courses must meet the following standards:
1. The course is presented by an accredited college or university that offers distance education programs in other disciplines, or has received approval of the International Distance Education Certification Center (IDECC) for the course design and delivery mechanism and either the approval of the Appraisal Qualifications Board through its course approval program or the approval of the board for the content of the course.
2. The course meets the requirements for qualifying education or continuing education, as applicable, established by the Appraiser Qualifications Board;
3. The course meets classroom hour requirements.
a. For a prelicense education course, the course must be equivalent to the minimum of 15 classroom hours.
b. For a continuing education course, the course must be a minimum of two classroom hours.
4. The course provides for a written examination proctored by an official approved by the presenting college or university or by the sponsoring organization consistent with the requirements of the course accreditation; or if a written examination is not required for accreditation, completion of the course mechanisms required for accreditation that demonstrate mastery and fluency.
Approval letters issued under this chapter for educational offerings shall will expire two years from the last day of the month in which they were issued, as indicated in the approval letter. The reapproval fee shall will be equivalent to the original approval fee specified in 18VAC130-20-240. For courses expiring on May 31, 2023, and before May 1, 2025, the course reapproval fee shall be is $25.
Uniform Standards of Professional Appraisal Practice, 2020-2021 Edition, Appraisal Standards Board, The Appraisal Foundation
The Real Property Appraiser Qualification Criteria and Interpretations of the Criteria, January 2022, Appraiser Qualifications Board, The Appraisal Foundation.
Uniform Standards of Professional Appraisal Practice, 2024 Edition, Appraisal Standards Board, The Appraisal Foundation