Real Estate Appraisal - home appraisal - appraiser - real estate appraiser - residential appraisals - North Haledon, NJ

STATE BOARD OF REAL ESTATE APPRAISERS
-
CHAPTER 40A
STATE BOARD OF REAL ESTATE APPRAISERS
Authority
N.J.S.A. 45:l et seq. and 45:14F et seq.
Source and Effective Date
R.2007 d.341, effective October 3,2007.
See: 39 N.J.R 2205(a), 39 N.J.R. 4849(b).
Chapter Expiration Date
Chapter 40A, State Board of Real Estate Appraisers, expires on
October 3.2012.
Chapter Historical Note
Chapter 40A, State Board of Real Estate Appraisers, was adopted as
R 1991 d.598, effective December 16, 1991. See: 23 N.J.R. 2628(a), 23
N.J.R. 3763(b).
Subchapter 2A, Certification of Residential Real Estate Appraisers,
was adopted as R.1993 d.125, effective March 15, 1993. As part of
R1993 d.125, Subchapter 2, Certification of Real Estate Appraisers, was
renamed Certification of General Real Estate Appraisers. See: 24
N.J.R. 3489(a), 25 N.J.R. 1222(b).
Subchapter 7, Apprentice Permits, was adopted as R.1993 d.177,
effective April 19, 1993. See: 25 N.J.R. 267(a), 25 N.J.R. 1773(a).
Notice of Receipt of Petitions for Rulemaking and Action thereon.
See: 25 N.J.R. 3032(b).
Pursuant to Executive Order No. 66(1978), Chapter 40A, State Board
of Real Estate Appraisers, was readopted as R1997 d.23, effective
December 13, 1996. See: 28 N.J.R 4724(a), 29 N.J.R. 369(a). As part
of R.1997 d.23, effective January 21, 1997, Subchapter 4, Continuing
Professional Education, was recodified to Subchapter 5, and a new
Subchapter 4, Apprentice Permits, was recodified from Subchapter 7;
Subchapter 5, Standards for Appraisals, was recodified to Subchapter 6,
a d a rn %wer 5, â‚¬mtimhgf'dks ~~ -IT-
codified from Subchapter 4; Subchapter 6, General Provisions, was
recodified to Subchapter 7, and a new Subchapter 6, Standards for
Appraisals, was recodified from Subchapter 5; Subchapter 7, Apprentice
Permits, was recodified to Subchapter 4, and a new Subchapter 7,
General Provisions, was recodified from Subchapter 6; and Subchapter
8, Certification or Licensure by Endorsement, was adopted as new rules.
Chapter 40A, State Board of Real Estate Appraisers, was readopted as
R.2002 d.205, effective June 7, 2002. See: 34 N.J.R. 435(a), 34 N.J.R.
23 19(a).
Subchapter 1, Purpose and Scope; Definitions, was renamed Purpose
and Scope; Definitions; Scope of Practice by R.2007 d.30, effective
February 5,2007. See: 38 N.J.R. 2628(a), 39 N.J.R. 494(a).
Chapter 40.4, State Board of Real Estate Appraisers, was readopted as
R.2007 d.341, effective October 3, 2007. See: Source and Effective
Date. See, also, section annotations.
CHAPTER TABLE OF CONTENTS
SUBCHAPTER 1. PURPOSE AND SCOPE; DEFINITIONS;
SCOPE OF PRACTICE
13:40A-1.1 Purpose and scope
13 :40A- 1.2 Definitions
13:40A-1.3 Scope of practice
SUBCHAP'I
EST/
13:40A-2.1
13:40A-2.2
13:40A-2.3
13:40A-2.4
13:40A-2.5
SUBCHAP1
REAI
13:40A-2A. l
13 :40A-2A.2
13 :40A-2A.3
13:40A-2A.4
13 :40A-2A.5
SUBCHAP1
APPR
13:40A-3.1
13:40A-3.2
13:40A-3.3
13:40A-3.4
13:40A-3.5
13:40A-3.6
SUBCHAPT
13:40A-4.1
13:40A-4.2
13:40A-4.3
13:40A-4.4
13:40A-4.5
&3:40A-4.6
13:40A-4.7
13:40A-4.8
SUBCHAPT
EDU(
13:40A-5.1
13:40A-5.2
13:40A-5.3
13:40A-5.4
13:40A-5.5
13:40A-5.6
13:40A-5.7
13:40A-5.8
13:40A-5.9
13:40A-5.10
SUBCHAPT
13:40A-6.1
SUBCHAPT
13:40A-7.1
13:40A-7.2
13-40A-7.3
13:40A-7.4
,R 2. CERTIFICATION OF GENERAL REAL
'E APPRAISERS
Eligibility for certification as a general real estate ap-
praiser
Eligibility for admission to examination
Educational requirements for certification as a gen-
eral real estate appraiser
Experience requirements for certification as a general
real estate appraiser
Temporary visiting certificate; certified general real
estate appraiser
R 2A. CERTIFICATION OF RESIDENTIAL
3STATE APPRAISERS
Eligibility for certification as a residential real estate
appraiser
Eligibility for admission to examination
Educational requirements for certification as a resi-
dential real estate appraiser
Experience requirements for certification as a resi-
dential real estate appraiser
Temporary visiting certificate; certified residential
real estate appraiser
R 3. LICENSING OF REAL ESTATE
ISERS
Eligibility for licensure
Eligibility for admission to examination
Educational requirements for licensure
Experience requirements for licensure
(Reserved)
Temporary visiting licenses
R 4. TRAINEE PERMITS
Purpose and scope; application
(Reserved)
Educational requirements
Annual trainee permit renewal
Responsibilities of trainee
RespsibBities of supervie appraiser
Real estate appraiser trainee log
Continuing education requirements
R 5. CONTINUING PROFESSIONAL
LTION
Requirements for licensure and certification renewal
(Reserved)
Continuing education credit-hour requirements; car-
ryover prohibited
Special course requirement; Uniform Standards of
Professional Appraisal Practice
Pre-approval of course offerings
Acceptable course topics
Sources of continuing education
Required documentation
Responsibilities of continuing education providers
Extensions
R 6. STANDARDS FOR APPRAISALS
General requirements
9.7. GENERAL PROVISIONS
Fee schedule
Disclosure of title and certificate or license number
Use of designations and abbreviations
Criteria for qualifying education instructor and
USPAP instructors
DEPT. OF LAW AND PUBLIC SAFETY
13:40A-7.5 Mixed practice; conflict of interest
13:40A-7.6 License or certification renewal
13:40A-7.7 Reinstatement
13:40A-7.8 Denial or revocation of license or certification; rec-
ord of conviction of certain crimes
13:40A-7.9 Disciplined licensees or certificate holders; prohib-
ited activities
13:40A-7.10 Notification of change of address; service of process
SUBCHAPTER 8. CERTIFICATION OR LICENSURE BY
ENDORSEMENT
13:40A-8.1 Certification or licensure by endorsement
SUBCHAPTER 1. PURPOSE AND SCOPE;
DEFINITIONS; SCOPE OF PRACTICE
13:40A-1.1 Purpose and scope
13:40A-1.2 Definitions
The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly
indicates otherwise:
"Appraisal Foundation" means the Appraisal Foundation
incorporated in the State of Illinois as a nonprofit corporation
on November 30, 1987, as denominated in Title XI of Publ.
L. 101-73 (12 U.S.C. section 3331 et seq.).
"Appraisal Qualification Board (AQB)" means the inde-
pendent board of the Appraisal Foundation which under the
provisions of Title XI of the Financial Institutions Reform,
Recovery and Enforcement Act of 1989 (FIRREA) estab-
lishes the minimum education, experience and examination
requirements for real property appraisers to obtain a state
certification or license. The address and phone number of the
(a) The rules in this chapter implement the provisions of
AQB is 1029 Vermont Avenue, NW, suite 900, Washington,
P.L. 1991, c.68, N.J.S.A. 45:14F-1 et seq., the "Real Estate
DC 20005-3517, (202) 347-7722. The website for the AQB is
Appraisers Act."
www.appraisalfoundation.org.
(b) This chapter shall apply to all persons applying for li-
censure as a licensed real estate appraiser or certification as a
certified residential real estate appraiser or as a certified gen-
eral real estate appraiser and to persons licensed or certified
by the Board of Real Estate Appraisers in the State of New
Jersey.
(c) Beginning on January 1, 2008, in order to implement
the Real Property Appraiser Qualification Criteria (2008
Criteria) that goes into effect on that date, the Board has
adopted the segmented approach, with a cut-off date of
December 31, 2009. States are required to implement ap-
praiser certification requirements that are no less stringent
than these issued by the AQB TO the Real Property Appraiser
Qualification Criteria (Criteria), pursuant to the Financial
Institutions Reform Recovery and Enforcement Act of 1989,
12 U.S.C. $333 1 et seq. Certification requirements are broken
down into three components: education, examination, and
experience. The segmented approach requires an applicant to
meet the Criteria in effect at the time he or she completes a
particular component. Any component completed prior to
January 1, 2008, would satisfy the current Criteria, while any
component not completed by January 1, 2008, would have to
conform to the 2008 Criteria. Any applicant for a license or
certification who has not demonstrated completion of all three
components by December 3 1,2009 shall conform to the 2008
Criteria with regard to every component.
Amended by R.1993 d.125, effective March 15, 1993.
See: 24 N.J.R. 3489(a), 25 N.J.R. 1222(b).
Revised text.
Repeal and New Rule, R.2002 d.205, effective July 1, 2002.
See: 34 NJ.R. 435(a), 34 N.J.R. 2319(a).
Section was "Purpose and scope".
Amended by R.2007 d.364, effective December 3,2007.
See: 38 NJ.R 4986(a), 39 N.J.R. 5088(a).
Added (c).
"Board" means the State Real Estate Appraiser Board in
the Division of Consumer Affairs.
"State certified general real estate appraiser" ("SCGREA")
means an individual who has satisfied the experience and ed-
ucation requirements as set forth in this chapter, has success-
fully completed the Board approved examination, and holds a
current, valid certificate as a certified general real estate ap-
praiser.
"State certified residential real estate appraiser"
("SCRREA") means an individual who has satisfied the expe-
rience and education requirements as set forth in this chapter,
has successfully completed the Board approved examination,
and holds a current, valid certificate as a certified residential
real estate appraiser.
"State licensed real estate appraiser" ("SLREA) means an
individual who has satisfied the experience and education re-
quirements as set forth in this chapter, has successfully com-
pleted the Board approved examination, and holds a current,
valid license for real estate appraisal.
"Trainee" means an individual in the process of acquiring
the hours of appraisal experience and qualifying education
required for certification or licensure under the direct super-
vision of a certified appraiser pursuant to this chapter.
"Uniform Standards of Professional Appraisal Practice
(USPAP)" means the published standards set forth by the
Appraisal Standards Board of the Appraisal Foundation (1029
Vermont Avenue, NW, Suite 900, Washington, D.C. 20005-
3517) (July 1, 2006). The standards include the generally
accepted standards of appraisal practice; a history of changes
to those standards; all statements on Appraisal Standards; all
Advisory Opinions issued for general distribution; a Glossary
and an Index. The Uniform Standards of Professional Ap-
praisal Practice are hereby incorporated by reference, as
STATE BOARD OF REAL ESTATE APPRAISERS 13:40A-2.3
amended and supplemented, in the established rules for the
review and interpretation of the competency and practice of
appraisers licensed or certified by the Board.
Amended by R. 1993 d. 125, effective March 15, 1993.
See: 24 N.J.R. 3489(a), 25 N.J.R. 1222(b).
Revised definitions "State certified general real estate appraiser";
added definitions "State certified residential real estate appraiser";
moved definition "Residential".
Amended by R. 1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Added "Apprentice" and "Uniform Standards of Professional Ap-
praisal Practice (USPAP)"; and deleted "Market value" and "Resi-
dential".
Amended by R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Inserted "Appraisal Qualification Board (AQB)" and "Trainee"; de-
leted "Apprentice" and "Classroom hour"; in "State certified general real
estate appraiser (SCGREA)", "State certified residential real estate ap-
praiser (SCRREA)" and "State licensed real estate appraiser (SLREA)",
substituted "approved" for "sponsored" following "Board".
Amended by R.2007 d.30, effective February 5,2007.
See: 38 N.J.R. 2628(a), 39 N.J.R. 494(a).
In definition "Trainee", deleted "licensed or" preceding "certified".
Amended by R.2007 d.341, effective November 5,2007.
See: 39 N.J.R. 2205(a), 39 N.J.R. 4849(b).
In definition "Uniform Standards of Professional Appraisal Practice
(USPAP)", substituted "(July 1, 2006)" for "annually with an effective
date of January 1 of the current year" and "The" for "Said" preceding
"standards include", deleted "for the prior year" preceding "; all state-
ments" and inserted ", as amended and supplemented,".
13:40A-1.3 Scope of practice
(a) The scope of practice of appraisers with the licensed
real estate appraiser qualification is the appraisal of non-com-
plex one to four residential units having a transaction value
less than $1,000,000 and complex one to four residential units
having a transaction value less than $250,000.
(b) The scope of practice of appraisers with the certified
residential real estateappraiser qualification is the appraisal
of one to four residential units without regard to transaction
value or complexity.
(c) The scope of practice of appraisers with the certified
general real estate appraiser classification is the appraisal of
all types of property.
(d) The scope of practice of appraiser trainees is the ap-
praisal of those properties which the supervising appraiser is
permitted to appraise.
New Rule, R.2007 d.30, effective February 5,2007.
See: 38 N.J.R. 2628(a), 39 N.J.R. 494(a).
SUBCHAPTER 2. CERTIFICATION OF GENERAL
REAL ESTATE APPRAISERS
13:40A-2.1 Eligibility for certification as a general real
estate appraiser
In order to be eligible for certification as a general real
estate appraiser, an applicant shall be required to successfully
complete the Board approved examination for the certifica-
tion of general real estate appraisers.
Amended by R.1993 d.125, effective March 15, 1993.
See: 24 N.J.R. 3489(a), 25 N.J.R. 1222(b).
Revised section.
13:40A-2.2 Eligibility for admission to examination
(a) An applicant for certification as a general real estate
appraiser shall present the following:
1. Evidence that he or she is at least 18 years of age;
2. Evidence of good moral character, as established by
references from individuals, schools, and other records
acceptable to the Board;
3. A high school diploma or its equivalent;
4. Completion of the educational requirements de-
scribed in N.J.A.C. 13:40A-2.3;
5. The level of education as established by "The Real
Property Appraiser Qualification Criteria and Interpretation
of the Criteria" as promulgated by the AQB of the
Appraisal Foundation as amended and supplemented,
which are incorporated herein by reference as part of this
rule;
6. Real estate appraisal experience as described in
N.J.A.C. 13:40A-2.4; and
7. The certification and authorization form for criminal
history background check, as provided by the Board, and
the applicant's fingerprints as processed by the vendor un-
der contract with the State.
(b) During the time period in which the segmented ap-
proach is applicable, applicants for certification as a general
real estate appraiser may elect to complete the experience
requirement subsequent to taking the examination for certifi-
cation.
Amended by R. 1993 d. 125, effective March 15, 1993.
See: 24 N.J.R. 3489(a), 25 N.J.R. 1222(b).
Revised (a).
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
In (a)l, substituted "At least 18" for "More than 18".
Amended by R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Rewrote the section.
Amended by R2007 d.341, effective November 5,2007.
See: 39 N.J.R. 2205(a), 39 N.J.R. 4849(b).
Rewrote (a)6.
Amended by R.2007 d.364, effective December 3,2007.
See: 38 N.J.R. 4986(a), 39 N.J.R. 5088(a).
Added new (a)5; recodified former (a)5 and (a)6 as (a)6 and (a)7; and
added (b).
13:40A-2.3 Educational requirements for certification
as a general real estate appraiser
(a) In order to be eligible to take the examination for cer-
tification as a general real estate appraiser, an applicant shall
13:40A-2.3 DEPT. OF LAW AND PUBLIC SAFETY
complete, by the time the application is submitted to the
Board, the educational requirements for a general real estate
appraiser as established by "The Real Property Appraiser
Qualification Criteria and Interpretation of the Criteria" as
promulgated by the AQB of the Appraisal Foundation as
amended and supplemented, which are incorporated herein by
reference as part of this rule.
(b) All qualifying education taken on or after December 3,
2007, to satisfy the educational requirements for certification
as a general real estate appraiser, with the exception of the
college level course requirement as defined by the AQB, shall
be approved by the AQB's Course Approval Program.
Amended by R.1993 d.125, effective March 15,1993.
See: 24 N.J.R. 3489(a), 25 N.J.R. 1222(b).
Revised heading and (a).
Amended by R. 1997 d.23, effective January 2 1, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
In (a), inserted text "Prior to January 1, 1998" and amended com-
pletion period for professional standards course; inserted new (b);
recodified former (b) through (f) as (c) though (g); and added (e) 16.
Repeal and New Rule, R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Section was "Educational requirements for certification as a general
real estate appraiser".
Amended by R.2007 d.364, effective December 3,2007.
See: 38 N.J.R. 4986(a), 39 N.J.R. 5088(a).
Inserted designation (a); and added (b).
13:40A-2.4 Experience requirements for certification as
a general real estate appraiser
Each applicant applying for certification as a general real
estate appraiser shall be required to complete, by the time the
application is submitted to the Board, the experience require-
ments for a general real estate appraiser as established by
"The Real Property Appraiser Qualification Criteria and In-
terpretatron of lhe Criteria" as proiiiutgated by the AQB of
the Appraisal Foundation as amended and supplemented,
which are incorporated herein by reference as part of this
rule.
Amended by R. 1993 d. 125, effective March 15, 1993.
See: 24 N.J.R. 3489(a), 25 N.J.R. 1222(b).
Revised heading and (a).
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R 4724(a), 29 N.J.R. 369(a).
Substantially amended section.
Repeal and New Rule, R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Section was "Experience requirements for certification as a general
real estate appraiser".
13:40A-2.5 Temporary visiting certificate; certified
general real estate appraiser
(a) Upon application to the Board and payment of a
registration fee, an appraiser certified as a general real estate
appraiser in another state may be issued a temporary visiting
certificate as a general real estate appraiser for a specific ap-
praisal assignment, provided that the individual submits
satisfactory proof to the Board that the individual has a
current valid certificate to practice as a general real estate
appraiser in another state.
(b) An appraiser certified by another state may apply for
no more than three temporary certificates, with a limit of
appraising three specific properties per temporary certificate,
within one calendar year, except that the Board may waive
the limitation based on a showing of good cause by the ap-
plicant.
(c) For purposes of this section, the term "Federally related
transaction" shall mean any real estate-related financial tran-
saction which a Federal financial institutions regulatory
agency engages in, contracts for, or regulates. An appraiser
certified by another state shall apply for a temporary visiting
certificate without the limitations stated in (b) above if the
property to be appraised is part of a Federally related trans-
action.
(d) As a condition of receiving a temporary visiting cer-
tificate, an applicant shall consent to service of process within
the State.
Amended by R.1993 d.125, effective March 15, 1993.
See: 24 N.J.R. 3489(a), 25 N.J.R. 1222(b).
Revised heading and (a).
Amended by R. 1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Added (d).
Amended by R2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
In (a), deleted "which has requirements for certification as a general
real estate appraiser substantially equivalent to those of New Jersey";
rewrote (b) and (c).
SUBCHAPTER 2A. CERTIFICATION OF RESIDENTIAL
REAL ESTATE APPRAISERS
t3;49A-2A.t Eligibility ktreertifteation as^tresidential
real estate appraiser
In order to be eligible for certification as a residential real
estate appraiser, an applicant shall be required to successfully
complete the Board approved examination for the certifica-
tion of residential real estate appraisers.
13:40A-2A.2 Eligibility for admission to examination
(a) An applicant for certification as a residential real estate
appraiser shall present the following:
1. Evidence that he or she is at least 18 years of age;
2. Evidence of good moral character, as established by
references from individuals, schools and other records ac-
ceptable to the Board;
3. A high school diploma or its equivalent;
4. Completion of the educational requirements de-
scribed in N.J.A.C. 13:40A-2A.3;
5. The level of education as established by "The Real
Property Appraiser Qualification Criteria and Interpretation
STATE BOARD OF REAL ESTATE APPRAISERS 13:40A-2A.5
of the Criteria" as promulgated by the AQB of the Ap-
praisal Foundation as amended and supplemented, which
are incorporated herein by reference as part of this rule;
6. Real estate appraisal experience as described in
N.J.A.C. 13:40A-2A.4; and
7. The certification and authorization form for criminal
history background check, as provided by the Board, and
the applicant's fingerprints as processed by the vendor un-
der contract with the State.
(b) During the time period in which the segmented ap-
proach is applicable, applicants for certification as a residen-
tial real estate appraiser may elect to complete the experience
requirement subsequent to taking the examination for certif-
ication.
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
In (a) 1, substituted "At least 18" for "More than 18".
Amended by R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Rewrote the section.
Amended by R.2007 d.341, effective November 5,2007.
See: 39 N.J.R. 2205(a), 39 N.J.R. 48490).
Rewrote (46.
Amended by R2007 d.364, effective December 3,2007.
See: 38 N.J.R. 4986(a), 39 N.J.R. 5088(a).
Added new (a)5; recodified former (45 and (46 as (46 and (a)7; and
added (b).
13:40A-2A.3 Educational requirements for certification
as a residential real estate appraiser
(a) In order to be eligible to take the examination for
certification as a residential real estate appraiser, an applicant
shall complete, by the time the application is submitted to the
Board, the educational requirements for a residential real
estate appraiser as established by 'The Real Property Ap-
praiser Qualification Criteria and Interpretation of the
Criteria" as promulgated by the AQB of the Appraisal Foun-
dation as amended and supplemented, which are incorporated
herein by reference as part of this rule.
(b) All qualifying education taken on or after December 3,
2007, to satisfy the educational requirements for certification
as a residential real estate appraiser, with the exception of the
college level course requirement as defined by the AQB, shall
be approved by the AQB's Course Approval Program.
Amended by R.1994 d.420, effective August 15, 1994.
See: 26 N.J.R. 902(a), 26 N.J.R. 3460(a).
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
In (a), amended completion period for professional standards course;
and added (d) 1 6.
Repeal and New Rule, R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R 2319(a).
Section was "Educational requirements for certification as a residen-
tial real estate appraiser".
Amended by R2007 d.364, effective December 3,2007.
See: 38 NJ.R 4986(a), 39 N.J.R. 5088(a).
Inserted designation (a); and added (b).
13:40A-2A.4 Experience requirements for certification
as a residential real estate appraiser
Each applicant applying for certification as a residential
real estate appraiser shall complete, by the time the applica-
tion is submitted to the Board, the experience requirements
for a general real estate appraiser as established by "The Real
Property Appraiser Qualification Criteria and Interpretation
of the Criteria" as promulgated by the AQB of the Appraisal
Foundation as amended and supplemented, which are incor-
porated herein by reference as part of this rule.
Amended by R 1997 d.23, effective January 2 1, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Substantially amended section.
Repeal and New Rule, R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Section was "Experience requirements for certification as a residential
real estate appraiser".
13:40A-2A.5 Temporary visiting certificate; certified
residential real estate appraiser
(a) Upon application to the Board and payment of a regis-
tration fee, an appraiser certified as a residential real estate
appraiser in another state may be issued a temporary visiting
certificate as a residential real estate appraiser for a specific
appraisal assignment, provided that the individual submits
satisfactory proof to the Board that the individual has a cur-
rent valid certificate to practice as a residential real estate ap-
praiser in another state.
(b) An appraiser certified by another state may apply for
no more than three temporary certificates, with a limit of ap-
praising three specific properties per temporary certificate,
within one calendar year, except that the Board may waive
the limitation based on a showing of good cause by the
.-.. -- - - ----- .
(c) For purposes of this section, the term "Federally related
transaction" shall mean any real estate-related financial trans-
action which a Federal financial institutions regulatory
agency engages in, contracts for, or regulates. An appraiser
certified by another state shall apply for a temporary visiting
certificate without the limitations stated in (b) above if the
property to be appraised is part of a Federally related trans-
action.
(d) As a condition of receiving a temporary visiting cer-
tificate an applicant shall consent to service of process within
the State.
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Added (d).
Amended by R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
In (a), deleted "which has requirements for certification as a residen-
tial real estate appraiser substantially equivalent to those of New Jersey";
rewrote (b) and (c).
13:40A-3.1 DEPT. OF LAW AND PUBLIC SAFETY
SUBCHAPTER 3. LICENSING OF REAL ESTATE
APPRAISERS
13:40A-3.1 Eligibility for licensure
In order to be eligible for licensure, an applicant shall be
required to successfully complete the Board-approved exarn-
ination for the licensure of real estate appraisers.
13:40A-3.2 Eligibility for admission to examination
(a) An applicant shall present the following:
1. Evidence that he or she is at least 18 years of age;
2. Evidence of good moral character, as established by
references from individuals, schools and other records
acceptable to the Board;
3. A high school diploma or its equivalent;
4. Completion of the educational requirements as de-
scribed in N.J.A.C. 13:40A-3.3;
5. Real estate appraisal experience as described in
N.J.A.C. 13:40A-3.4; and
6. The certification and authorization form for criminal
history background check, as provided by the Board, and
the applicant's fingerprints as processed by the vendor un-
der contract with the State.
(b) During the time period in which the segmented ap-
proach is applicable, applicants for licensure as a licensed real
estate appraiser may elect to complete the experience re-
quirement subsequent to taking the examination for certif-
ication.
Aiaendedfey R.1997 A23,effective faaaafy 21,1997.---- --
- -
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
In (a)l, substituted "At least 18" for "More than 18".
Amended by R.2002 d.205, effective July 1,2002.
See: 34 N.J.R 435(a), 34 N.J.R. 2319(a).
Rewrote the section.
Amended by R.2007 d.341, effective November 5,2007.
See: 39 N.J.R 2205(a), 39 N.J.R. 4849(b).
Rewrote (a)6.
Amended by R2007 d.364, effective December 3,2007.
See: 38 N.J.R 4986(a), 39 N.J.R. 5088(a).
Added (b).
13:40A-3.3 Educational requirements for licensure
(a) In order to be eligible to take the examination for
licensure as a licensed real estate appraiser, an applicant shall
complete, by the time the application is submitted to the
Board, the educational requirements for a licensed real estate
appraiser as established by "the Real Property Appraiser
Qualification Criteria and Interpretation of the Criteria7' as
promulgated by the AQB of the Appraisal Foundation as
amended and supplemented, which are incorporated herein by
reference as part of this rule.
(b) All qualifying education taken on or after December 3,
2007, to satisfy the educational requirements for licensure as
a licensed real estate appraiser shall be approved by the
AQB's Course Approval Program.
Amended by R. 1997 d.23, effective January 2 1, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
In (a), inserted text "Prior to January 1, 1998" and amended comple-
tion period for professional standards course; inserted new (b); recod-
ified former (b) through ( f ) as (c) though (g); and added (e)16.
Repeal and New Rule, R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Section was "Educational requirements for licensure".
Amended by R.2007 d.364, effective December 3,2007.
See: 38 N.J.R. 4986(a), 39 N.J.R. 5088(a).
Inserted designation (a); and added (b).
13:40A-3.4 Experience requirements for licensure
(a) Each applicant applying for licensure as a licensed real
estate appraiser shall complete, by the time the application is
submitted to the Board, the experience requirements for a
licensed real estate appraiser as established by "The Real
Property Appraiser Qualification Criteria and Interpretation
of the Criteria" as promulgated by the AQB of the Appraisal
Foundation as amended and supplemented, which are incor-
porated herein by reference as part of this rule.
(b) The experience requirement shall be completed in no
fewer than 12 months.
Amended by R. 1997 d.23, effective January 21,1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
In (a), inserted reference to forms provided by Board and amended the
period in which to accumulate appraisal experience; and added (e).
Repeal and New Rule, R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Section was "Experience requirements for licensure".
Amended by R.2007 d.364, effective December 3,2007.
See: 38 N.J.R. 4986(a), 39 N.J.R 5088(a).
Inserted designation (a); and added (b).
Supp. 12-3-07 40A-6 Next Page is 40A-6.1
Repealed by R.1994 d.88, effective February 22, 1994.
See: 25 N.J.R. 4863(a), 26 N.J.R. 1106(a).
Section was "Temporary licenses".
13:40A-3.6 Temporary visiting licenses
(a) Upon application to the Board and payment of a regi-
stration fee, an appraiser licensed in another state may be
issued a temporary visiting license for a specific appraisal as-
signment, provided that the individual submits satisfactory
proof to the Board that the individual has a current valid li-
cense to practice in another state.
(b) An appraiser licensed by another state may apply for
no more than three temporary licenses, with a limit of ap-
praising three specific properties per temporary license, with-
in one calendar year, except that the Board may waive the
limitation based on a showing of good cause by the applicant.
(c) For purposes of this section, the term "Federally related
transaction" shall mean any real estate-related fnancial
transaction which a Federal financial institutions regulatory
agency engages in, contracts for, or regulates. An appraiser
STATE BOARD OF REAL ESTATE APPRAISERS 13:40A-4.5
licensed by another state shall apply for a temporary visiting
license without the limitations stated in (b) above if the prop-
erty to be appraised is part of a Federally related transaction.
(d) As a condition of receiving a temporary visiting license
an applicant shall consent to service of process within the
State.
Amended by R.1993 d. 125, effective March 15, 1993.
See: 24 N.J.R. 3489(a), 25 N.J.R. 1222(b).
Revised (a).
Amended by R. 1997 d.23, effective January 2 1, 1997.
See: 28 N.J.R 4724(a), 29 N.J.R. 369(a).
Added (d).
Amended by R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
In (a), deleted "which has requirements for licensure as a real estate
appraiser substantially equivalent to those of New Jersey"; rewrote (b)
and (c).
13:40A-4.3 Educational requirements
Each applicant applying for a trainee permit shall com-
plete, by the time the application is submitted to the Board,
the educational requirements for a trainee as established by
"The Real Property Appraiser Qualification Criteria and ln-
terpretation of the Criteria" as promulgated by the AQB of
the Appraisal Foundation as amended and supplemented,
which are incorporated herein by reference as part of this
rule.
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
In (a)2, amended completion period for professional standards course.
Amended by R.2000 d.417, effective October 16,2000.
See: 31 N.J.R- 2687(a), 32 N.J.R. 3857(a).
In (a), added "a minimum of 75 classroom hours of courses related to
real estate appraising as follows" at the end of the introductory para-
graph, and added 3.
Repeal and New Rule, R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Section was "Educational requirements".
SUBCHAPTER 4. TRAINEE PERMITS
13:40A-4.4 Annual trainee permit renewal
13:40A-4.1 Purpose and scope; application
(a) The rules in this chapter establish a voluntary real es-
tate appraiser trainee program for individuals in the process
of acquiring the appraisal experience required in order to be
licensed or certified pursuant to this chapter.
(b) The successful application of and compliance with the
rules in this subchapter by a real estate appraiser trainee does
not grant the trainee automatic certification or licensure.
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Section was "Special Course Requirement; Uniform standards of
professional appraisal practice".
-Amend&tyR^002 d 205effective.Myt.-Wft.-.Ã‘Ã - - ~-..
> .
See: 34 ~.~.~.435(a),34 N.J.R 2319(a).
Designated existing paragraph as (a) and substituted "trainee" for
"apprentice"; added (b).
13:40A-4.2 (Reserved)
Amended by R. 1997 d.23, effective January 2 1, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
In (a), amended N.J.A.C. reference; and in (a)l, substituted "At least
1 8 for "More than 18".
Repealed by R2002 d.205, effective July 1,2002.
See: 34N.J.R. 435(a), 34N.J.R.2319(a).
Section was "Application for apprentice permit; general require-
ments".
All trainee permits shall be valid for a period of one year.
A trainee may renew his or her annual permit a maximum
total of three times, upon submission to the Board of a re-
newal application, the permit renewal fee, and a log in the
form set forth in N.J.A.C. 13 :40A-4.7.
Amended by R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Substituted references to trainees for references to apprentices
throughout.
13:40A-4.5 Responsibilities of trainee
(a) The holder of a trainee permit issued by the Board shall
work wdy voder 4h& "direct supervision,"- as that-tern is de-
fined in N.J.A.C. 13:40A-4.6, of a "supervising appraiser,"
who shall be an individual licensed or certified in good
standing by the Board and who has acknowledged in writing
an agreement to perform the responsibilities of a supervising
appraiser set forth in N.J.A.C. 13:40A-4.6. Prior to com-
mencing any work as a trainee, the holder of a trainee permit
shall inform the Board in writing of the identity of any
individuals who have agreed to serve as a "supervising
appraiser" for the trainee. The holder of a trainee permit shall
inform the Board in writing, within seven days, in the event
Next Page is 40A-7
STATE BOARD OF REAL ESTATE APPRAISERS 13:40A-4.6
that any individual previously designated as a "supervising
appraiser" ceases to agree to perform the responsibilities of a
"supervising appraiser," or in the event that any individual
not previously designated as a "supervising appraiser" agrees
to supervise the work product of the trainee.
(b) The holder of a trainee permit issued by the Board shall
have the following duties and responsibilities:
1. The trainee shall maintain and submit to the Board
upon application for permit renewal a log which meets the
requirements set forth in N.J.A.C. 13:40A-4.7;
2. The trainee shall ensure that the log is available at all
times for inspection by the Board;
3. When performing appraisal assignments, the trainee
shall carry the permit issued by the Board;
4. In the event a supervising appraiser can no longer
provide direct supervision to a trainee, the trainee shall re-
turn the permit within 30 days to the Board;
5. The Board shall reissue the permit to the trainee
when the trainee has obtained a new supervising appraiser.
6. The trainee shall comply with the provisions of the
Uniform Standards of Professional Appraisal Practice
(USPAP).
(c) The holder of a trainee permit issued by the Board shall
not solicit or maintain a direct relationship with a client, a
party or parties who engage an appraiser by employment or
contract in a specific assignment. The trainee shall not collect
any fees from the client, except when acting as an agent of
the supervising appraiser. The supervising appraiser shall
ensure that any form of payment shall be directed to the
super~t&mg - -- -- - - - - -
(d) The holder of a trainee permit issued by the Board shall
not advertise. Any advertisement in the name of a supervising
appraiser with whom the trainee is associated may include the
name of the trainee by clearly indicating such person as a
trainee. This shall not prohibit a trainee's use of standard
business cards which clearly indicate such person as a trainee.
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Added (b)4 and (b)5.
Amended by R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Rewrote (a); in (b), deleted "on his person" in 3, substituted "super-
vising appraiser" for "supervisor" in 4, and substituted references to
trainees for references to apprentices throughout.
Amended by R.2007 d.30, effective February 5,2007.
See: 38 N.J.R. 2628(a), 39 N.J.R. 494(a).
In (b)4, deleted "and" from the end; and added (b)6, (c) and (d).
13:40A-4.6 Responsibilities of supervising appraiser
(a) Any individual designated as a "supervising appraiser"
by the holder of a trainee permit shall acknowledge in writing
to the Board that he or she agrees to perform all responsi-
bilities set forth in (f) below.
(b) Supervising appraisers shall be in good standing with
the Board and shall not have been subject to any disciplinary
action, including revocation, suspension, or stayed suspen-
sion, by the Board, within the last three years from the
beginning of the supervision.
(c) No appraiser shall serve as a supervising appraiser until
he or she has been a licensee of the Board for at least two
years.
(d) Beginning on January 1, 2008, licensed real estate ap-
praisers shall no longer be approved to serve as supervising
appraisers. Beginning on February 5, 2007, the Board will no
longer accept applications by trainees who seek approval of a
licensed real estate appraiser as a supervising appraiser.
(e) Beginning on January 1, 2008, only those individuals
who are certified by the Board as either a State certified gen-
eral real estate appraiser or a State certified residential real
estate appraiser shall be a supervising appraiser.
(f) A supervising appraiser shall have the following duties
and responsibilities:
-. .
1. The supervising appraiser shall at all times be re-
sponsible for and provide direct supervision of the work
performed by the trainee. For purposes of this section,
"direct supervision" means:
i. To personally review the work product of the
trainee;
ii. To approve, sign, and accept responsibility for
each appraisal report including work product prepared
by the trainee or in which the trainee has made a pro-
fessional contribution and to sign all such reports and
- certify that ^U such reports have -been independently and
impartially prepared in compliance with the Uniform
Standards of Professional Appraisal Practice, these rules
and applicable statutory standards; and
iii. To indicate, within the certification section of the
appraisal report, the name of the trainee providing sig-
nificant real property appraisal assistance. For purposes
of this subparagraph, "significant" means the exercise of
appraisal knowledge and training and does not mean
clerical or fact gathering tasks.
2. The supervising appraiser shall, at least once a
month, sign the log required to be kept by the trainee pur-
suant to N.J.A.C. 13:40A-4.7 and shall set forth thereon his
or her license or certification number.
3. The supervising appraiser shall provide the trainee
with a copy of any final appraisal report in which the
trainee's work product has been utilized or in which the
trainee made a professional contribution.
4. The supervising appraiser shall immediately notify
the Board and his or her trainee(s), in writing, in the event
that he or she ceases to perform or is unable to perform the
responsibilities set forth in this section.
13:40A-4.6 DEPT. OF LAW AND PUBLIC SAFETY
5. A supervising appraiser shall not supervise more
than three trainees at one time;
6. The supervising appraiser shall personally inspect,
with the trainee, the interior and exterior of each appraised
property until the supervising appraiser determines that the
trainee is competent in accordance with the Competency
Rule of the Uniform Standards of Professional Appraisal
Practice. Upon making the determination of competency,
the supervising appraiser shall request a competency cer-
tification form from the Board. The supervising appraiser
shall submit, to the Board, within 30 days of receipt of the
competency certification form, the certification that the
trainee is competent to perform property inspections inde-
pendently. Examples of competency include, but are not
limited to, properly identifying the problem to be ad-
dressed, being familiar with a specific type of property,
market, geographic area, or analytical method.
7. The supervising appraiser shall prepare and furnish a
signed statement describing the nature and extent of the
assistance rendered to each trainee who provided services
on an appraisal assignment. This statement shall be placed
in the workfile of the appraisal assignment.
8. Upon the termination of the supervising appraiser
and the trainee relationship, the supervising appraiser shall
request an evaluation certification form from the Board.
The supervising appraiser shall submit, to the Board,
within 30 days of receipt of the evaluation certification
form, the certification evaluating the activities performed
by his or her trainee.
9. Failure to comply with this section may be deemed
professional misconduct.
*fey R..J997d.g -effective.Jaauary-ai,-&997.Ã‘ --- -
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Added (b)4.
Amended by R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Substituted references to trainee for apprentice throughout; in (b),
substituted "direct supervision" for "to directly supervise" in 1, inserted
"and his or her traineefs)" and "or is unable to perform " in 4 and
substituted "supervising appraiser" for "supervisor" throughout.
Amended by R.2007 d.30, effective February 5,2007.
See: 38 N.J.R. 2628(a), 39 N.J.R. 494(a).
In (a), substituted "(f)" for "(b)"; added new (b) through (e), re-
codified former (b) as (0; in (f)li, deleted "and" from the end; in (f)lii,
substituted a comma for "and" preceding "sign" and inserted ", and
accept responsibility for" and "; and"; and added (f)liii and (05 through
(09.
13:40A-4.7 Real estate appraiser trainee log
(a) A real estate appraiser trainee shall maintain a log on
forms provided by the Board which shall include the fol-
lowing information concerning each appraisal assignment in
which the trainee participates:
1. The name and address of the client;
2. The type of appraisal report;
3. The address of the appraised property;
4. A description of work performed; and
5. The number of hours claimed for the assignment.
(b) Appraisal logs submitted to the Board shall indicate the
nature of the trainee's participation in each assignment and
the trainee shall set forth within the log, for each assignment,
information indicating whether the trainee was involved in
obtaining, calculating, or preparing:
1. Landsite inspections and descriptions;
2. Building inspections and descriptions;
3. Neighborhood descriptions and analysis;
4. Highest and best use analysis;
5. Research of comparable sales and analysis;
6. Cost analysis;
7. Income analysis (only for trainees whose experience
includes income properties);
8. Meaningful sales analysis;
9. Correlation of data into final value; and
10. Any other components of the appraisal process.
(c) The trainee shall:
1. Include in the appraisal log submitted to the Board
only those appraisal report(s) which indicate(s) that the
trainee provided significant assistance;
2. Verify that the trainee's contribution to the report
has been indicated in the report before entering the report
into the appraisal log; and
3. Notify the Board immediately, in writing, if the
trainee has provided significant real property appraisal as-
sistance to a supervising appraiser with an appraisal report,
and the supervising appraiser has not indicated that the
trainee provided significant real property appraisal assis-
tance in the report, and the scope of the trainee's contribu-
tion. For purposes of this subsection, "significant" means
the exercise of appraisal knowledge and training, and does
not mean clerical or fact gathering tasks.
(d) Failure to comply with this section shall be grounds
for:
1. Denial of renewal of the trainee permit;
2. Revocation of the trainee permit;
3. Denial of experience credit for the entire year in
which the lack of compliance occurred; and/or
4. Denial of licensure or certification.
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
In (a), inserted reference to forms provided by Board.
Amended by R.2002 d.205, effective July 1,2002.
See: 34N.J.R. 435(a), 34N.J.R. 2319(a).
STATE BOARD OF REAL ESTATE APPRAISERS 13:40A-5.5
Substituted references to trainees for references to apprentices
throughout.
Amended by R.2007 d.30, effective February 5,2007.
See: 38 N.J.R 2628(a), 39 N.J.R. 494(a).
Added (c) and (d).
13:40A-4.8 Continuing education requirements
(a) An individual holding a trainee permit for more than
two years shall complete, by the time the application is sub-
mitted to the Board, during the third and fourth years that the
trainee permit is held, the continuing education requirements
as established by "The Real Property Appraiser Qualification
Criteria and Interpretation of the Criteria" as promulgated by
the AQB of the Appraisal Foundation as amended and sup-
plemented, which, are incorporated herein by reference as
part of this rule.
(b) An individual holding a trainee permit for more than
two years shall retain documentation as required in N.J.A.C.
13:40A-5.8.
(c) An individual holding a trainee permit for more than
two years may request an extension of time to satisfy continu-
ing education requirements as provided in N.J.A.C. 13:40A-
5.10.
New Rule, R.2000 d.417, effective October 16, 2000.
See: 31 N.J.R. 2687(a), 32 N.J.R 3857(a).
Repeal and New Rule, R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 NJ.R 2319(a).
Section was "Continuing education requirements".
Amended by R.2007 d.341, effective November 5,2007.
See: 39 N.J.R. 2205(a), 39 N.J.R. 4849(b).
Inserted designation (a); and added (b) and (c).
SUBCHAPTER 5,- CONTINUING PROFESSIONAL
EDUCATION
13:40A-5.1 Requirements for licensure and certification
renewal
(a) The purpose of continuing education activities is to
ensure that the appraiser participates in a program that
maintains and increases the appraiser's skill, knowledge and
competency in real estate appraising.
(b) A licensed or certified real estate appraiser shall con-
firm on the renewal application that the licensed or certified
real estate appraiser has completed all continuing education
requirements pursuant to this subchapter during the biennial
period preceding application for renewal.
New Rule, R 1994 d.251, effective May 16, 1994.
See: 26N.J.R. 903(a), 26N.J.R. 2137(a).
Amended by R.1997 d.23, effective January 21,1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Amended by R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
In (a), substituted "the appraiser's" for "his or her"; rewrote (b).
13:40A-5.2 (Reserved)
New Rule, R. 1994 d.25 1, effective May 16, 1994.
See: 26 N.J.R. 903(a), 26 N.J.R. 2137(a).
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
In (a), substituted "renewal period" for "renewal cycle" and deleted
reference to limiting credit awarded for courses on changes in practice
standards; inserted new (b); recodified former (b) through (d) as (c)
through (e); and added (0.
Repealed by R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Section was "Prior to January 1, 1998-continuing education; credit-
hour requirements; carryover prohibited.
13:40A-5.3 Continuing education credit-hour require-
ments; carryover prohibited
(a) Each applicant applying for renewal as a licensed or
certified real estate appraiser shall be required to complete, by
the time the renewal application is submitted to the Board, the
continuing education requirements for either the certified res-
idential, certified general, or the licensed, real estate appraiser
as established by "The Real Property Appraiser Qualification
Criteria and Interpretation of the Criteria" as promulgated by
the AQB of the Appraisal Foundation as amended and sup-
plemented, which are incorporated herein by reference as part
of this rule.
(b) Carryover of continuing education credits is prohibited.
New Rule, R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R 4724(a), 29 N.J.R. 369(a).
Repeal and New Rule, R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Section was "Effective January 1, 1998~continuing education;
credit-hour requirements; carryover prohibited.
Amended by R.2007 d.341, effective November 5.2007.
See: 39 N.J.R. 2205(a), 39 N.J.R. 4849(b).
Section was "Continuing education; credit-hour requirements; carry-
over prohibited'-'- in.sert&destgnat& ^.&)" &.added (lr) 7--- ---- -- ---.-.-
-.
13:40A-5.4 Special course requirement; Uniform Stan-
dards of Professional Appraisal Practice
All licensed and certified real estate appraisers shall be
required to attend a minimum seven hour length course on the
Uniform Standards of Professional Appraisal Practice every
two years.
New Rule, R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Amended by R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Rewrote the section.
13:40A-5.5 Pre-approval of course offerings
(a) The Board shall maintain a list of all approved courses,
lecturers and programs at the Board's offices and shall fur-
nish this information to the licensees or certificate holders
upon request.
13:40A-5.5 DEPT. OF LAW AND PUBLIC SAFETY
(b) An applicant seeking to take a course for continuing
professional education credit which has not been pre-ap-
proved by the Board may apply to the Board for pre-approval
of the course offering. The applicant shall submit information
similar to that which is required to be supplied by course
providers, as more fully detailed in N. J.A.C. 13 :40A-5.9(a)2.
(c) Determinations as to whether to award credit for an of-
fering which has not been pre-approved shall be within the
Board's discretion to determine whether the offering is
deemed to be consistent with the purpose of continuing edu-
cation.
New Rule, R. 1994 d.25 1, effective May 16, 1994.
See: 26 N.J.R. 903(a), 26 N.J.R. 2137(a).
Amended by R. 1997 d.23, effective January 2 1, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Amended by R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
In (a), inserted "to the licensees or certificate holders"; in (c), deleted
"entirely" preceding "within" and added "to determine whether the
offering is deemed to be consistent with the purpose of continuing
education" following "discretion".
13:40A-5.6 Acceptable course topics
(a) The Board shall approve only those continuing educa-
tion activities and course topics as are deemed by the Board
to be consistent with the purpose of continuing education. Ex-
amples of such course topics may include, but are not limited
to: changes in the Uniform Standards of Professional Ap-
praisal Practice; ad valorem taxation; arbitration; business
courses related to practice of real estate appraisal; construc-
tion estimating; land use planning; zoning and taxation;
management, leasing, brokerage, timesharing; property devel-
opment; real estate appraisal (valuation/evaluations), law, liti-
gation, financing and investment; real estate appraisal related
computerapplications;mal estate securities and syndication;
and real property exchange.
(b) The Board shall approve only such continuing educa-
tion programs as are available and advertised on a reasonably
nondiscriminatory basis to all real estate appraisers in the
State.
(c) The Board may revoke approval of those continuing
education activities and course topics deemed by the Board to
no longer be consistent with the purpose of continuing educa-
tion.
New Rule, R.1994 d.251, effective May 16, 1994.
See: 26 N.J.R 903(a), 26 N.J.R. 2137(a).
Amended by R. 1997 d.23, effective January 21, 1997.
See: 28 N.J.R 4724(a), 29 N.J.R. 369(a).
Added (c).
13:40A-5.7 Sources of continuing education
(a) The licensee or certificate holder may obtain contin-
uing education credits for the following:
1. Training programs offered by State or Federal
agencies or commissions;
2. Educational programs provided during trade organ-
ization conferences;
3. Colleges or universities accredited by the New Jer-
sey Commission on Higher Education or any state accred-
iting agency approved by the Board; community or junior
colleges accredited by the New Jersey Commission on
Higher Education; proprietary scl~ools;
4. Seminars offered by real estate appraisal or real
estate related organizations;
5. Seminars offered by vendors of commercial prod-
ucts, provided that at least one other commercial vendor
from a different company participates in the seminar;
6. Participation, other than as a student, in appraisal
education processes and programs, as approved by the
Board.
i. Examples of activities for which credit may be
granted include teaching appraisal courses, developing
appraisal programs, authoring appraisal textbooks or
articles, or participating in other like activities deemed
by the Board to be equivalent to obtaining continuing
education;
ii. No more than one-half of the total hours of credit
required per biennial renewal cycle may be awarded for
activities qualifying under this paragraph; and
7. Courses approved for initial certification and li-
censing.
(b) The award of credit is subject to Board approval of the
course offering either prior to filing the renewal application
or upon submission of documentation required pursuant to
N.J.A.C. 13:40A-5.8at the time o f license or certification
renewal.
New Rule, R.1994 d.251, effective May 16, 1994.
See: 26N.J.R. 903(a), 26 N.J.R. 2137(a).
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Amended by R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
In (a), substituted "one-half of the total hours of credit required" for
'10 hours of credit" in 6ii and rewrote 7.
13:40A-5.8 Required documentation
(a) A licensee or certificate holder shall retain documenta-
tion for at least four years of the continuing education hours
which the licensee or certificate holder completes in order to
verify program attendance andor activity completion. Each
licensee or certificate holder shall submit such documentation
to the Board upon request. The Board shall review the records
of the licensees andor certificate holders from time to time,
on a random basis, to determine compliance with continuing
education requirements.
(b) Documentation of continuing education requirements
shall consist of the following:
Next Page is 40A-10.1
STATE BOARD OF REAL ESTATE APPRAISERS 13:40A-5.10
1. For courses, seminars and training programs ap-
proved by the Board, the licensee or certificate holder shall
be required to maintain a "Uniform Continuing Education
Form" or other form acceptable to the board signed and
dated by both the applicant and the course instmctor(s), at-
testing that the licensee or certificate holder attended an ap-
proved continuing education offering. The licensee or cer-
tificate holder shall list the continuing education completed
during the biennial licensing period on the Board-provided
renewal application.
2. For participation other than as a student in appraisal
education processes or programs:
i. A written request for continuing education credit
which shall include at least the following information:
(1) A description of the activities for which credit
is sought;
(2) The number of credits sought;
(3) The time spent on such activities;
(4) The reasons the applicant believes such ac-
tivities meet the Board's continuing education require-
ments; and
(5) Any further information as may be requested
by the Board;
ii. For publication of a book or an article in a
professional journal, submission of the book or article;
. . .
111. For teaching or research appointments, a state-
ment of appropriate school authority verifying the ap-
pointment and a statement of the subject matter to be
taught or the nature of the research to be performed.
(c) For courses, seminars or training programs which have
not been pre-approved by the Board:
1. A copy of the course description and/or outline; and
2. A completed "Uniform Continuing Education Form"
or other certified form acceptable to the Board or a signed
and dated certification, from both the applicant and course
instructor(s), attesting that the applicant attended the course
listed and satisfactorily completed all course requirements.
(d) Falsification of any information submitted with the
renewal application may result in penalties andlor the suspen-
sion or revocation of a license or certification.
(e) A licensed and certified appraiser shall be required to
maintain records pertaining to his or her continuing education
for at least four years from the date the course or seminar was
taken.
New Rule, R.1994 d.251, effective May 16, 1994.
See: 26 N.J.R 903(a), 26 N.J.R. 2137(a).
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Substantially amended (a)l; and added (d).
Amended by R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Added a new (a) and recodified former (a) through (d) as (b) through
(el.
Amended by R.2007 d.341, effective November 5,2007.
See: 39 N.J.R. 2205(a), 39 N.J.R. 4849(b).
In (b)l, inserted "or certificate holder" three times.
13:40A-5.9 Responsibilities of continuing education
providers
(a) All providers of continuing education courses shall:
1. Secure Board approval prior to advertising or other-
wise representing that any course is approved for continu-
ing education credit in New Jersey;
2. Submit, on forms provided by the Board, for each
course for which appraisal is sought, the following for
evaluation by the Board;
i. A detailed description of course content and
estimated hours of instruction;
ii. Any printed material describing the course;
iii. A description of the method used to monitor
attendance and the policy for making up missed classes;
iv. A curriculum vitae of the instructor(s), including
information concerning the specific background which
qualifies the instructor to teach the particular course
offering;
v. Any additional information as may be requested
by the Board; and
vi. The name of the instructor(s) proposed to teach
the course or seminar; and
3. Monitorthe attendance at-each-appro~ed course and
provide the Board with a roster of attendees within 30 days
of the conclusion of the program.
(b) All continuing education courses shall be taught in
public facilities.
New Rule, R.1994 d.251, effective May 16, 1994.
See: 26 N.J.R. 903(a), 26 N.J.R. 2137(a).
Amended by R1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R 369(a).
Inserted (a)2vi.
Amended by R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
In (a)2, inserted "on forms provided by the Board," in the intro-
ductory paragraph; added (b).
13:40A-5.10 Extensions
(a) An applicant for biennial renewal may request in writ-
ing an extension of time to satisfy continuing education re-
quirements.
(b) An extension may be granted at the sole discretion of
the Board if the applicant provides evidence satisfactory to
the Board that he or she was unable to obtain the required
education because of an incapacitating illness, military
assignment or other extraordinary circumstance.
13:40A-5.10 DEPT. OF LAW AND PUBLIC SAFETY
(c) Whether to grant an extension request and the length of
time of any extension shall be discretionary determinations
made on a case-by-case basis by the Board.
(d) The licensee or certificate holder granted an extension
of time to satisfy continuing education requirements will be
permitted to renew his or her license or certificate for the
period of time for which the extension is granted.
(e) If the Board grants an extension of time to satisfy
continuing education requirements to a licensee or certificate
holder, that extension of time only applies to the continuing
education requirements in New Jersey.
New Rule, R.1994 d.251, effective May 16, 1994.
See: 26 N.J.R. 903(a), 26 N.J.R. 2137(a).
Amended by R.2007 d.341, effective November 5,2007.
See: 39 N.J.R. 2205(a), 39 N.J.R. 4849(b).
Added (e).
SUBCHAPTER 6. STANDARDS FOR APPRAISALS
13:40A-6.1 General requirements
(a) The appraiser shall ensure that all appraisals shall, at a
minimum conform to the Uniform Standards of Professional
Appraisal Practice (USPAP) in effect on the date on which
the appraisal was prepared, which standards are incorporated
herein by reference.
(b) An appraiser's failure to comply with the provisions of
USPAP may be construed to be professional misconduct in
violation of N.J.S.A. 45: 1-2 l(e).
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 29 N.J.R. 369(a).
Substantially amended (a); deleted (b); and recodified former (c) as
(b).
Amended by R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
In (a), inserted "on" preceding "the date"; in (b), substituted
"USPAP" for "this subchapter".
SUBCHAPTER 7. GENERAL PROVISIONS
13:40A-7.1 Fee schedule
(a) Charges for credentialing, certification, licensure and
other services are as follows:
1. Application fee:
i. Certified General Real Estate Ap-
praiser.. . . .. . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . $125 .OO
Next Page is 40A-11
STATE BOARD OF REAL ESTATE APPRAISERS 13:40A-7.4
ii. Certified Residential Real Estate 1. Individuals holding a current valid real estate ap-
Appraiser ....................... praiser certificate or license may use only the following
iii. Licensed Real Estate Appraiser. ...... $ 75.00
designations and abbreviations to indicate the type of
2. Credentialing fee: ....................... $125.00
3. Initial certification fee, general real es-
certificate or license held:
tate appraiser Permissible Designation Permissible Abbreviation
i. During the first year of a biennial
State Certified General SCGREA
renewal period ................... $550.00
Real Estate Appraiser
ii. During the second year of a bien-
State Certified Residential
nial renewal period $275.00 Real Estate Appraiser
SCRREA
...............
4. Initial certification fee, residential real
State Licensed Real SLREA
estate appraiser: Estate Appraiser
i. During the first vear of a biennial "
renewal period ................... $550.00
ii. During the second year of a bien-
2. Abbreviations shall appear in capital letters, with-
nial renewal ............... $275.00 out a period or space after each letter, and shall not be in
5. Initial license fee: type or lettering larger than the individual's name.
i. During the first year of a biennial
renewal period ................... $550.00
ii. During the second year of a bien-
nial renewal period ............... $275.00
6. Certification renewal fee for general
real estate appraiser, biennial ........... $550.00
7. Certification renewal fee for residential
real estate appraiser, biennial. .......... $550.00
8. License renewal fee, biennial ............. $550.00
9. Late renewal fee: ....................... $100.00
10. Temporary visiting registration fee ........ $150.00
11. Reciprocity Application fee: .............. $ 75.00
...................... 12. Reinstatement fee: $150.00
13. Duplicate wall certificate fee: ............. $ 40.00
14. Duplicate registration certificate fee: ...... $ 25.00
15. Change of name or address fee: ........... $ 25.00
16. Verification of certification/licensure: ...... $ 40.00
17. Verification of continuing education
.............................. credits: $ 40.00
18. Federal surcharge, biennial: .............. $ 50.00
19. Trainee permit fee; annual ............... $100.00
Amended bvU.2000 636, effective J-maw 18.2660.
See: 31 N.J.R. 2870(a), 3'2 N.J.R. 321(a), .
In (a), increased fees in 3 through 8 and 19.
Amended by R.2001 d.378, effective October 15, 2001.
See: 33 N.J.R. 2407(a), 33 N.J.R. 3649(b).
In (a), increased fees in 3 through 8, 10 and 19.
Amended by R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
In (a)19, substituted "Trainee" for "Apprentice".
13:40A-7.2 Disclosure of title and certificate or license
number
An appraiser shall include on all appraisal reports, at the
place wherever the appraiser's signature appears, the ap-
praiser's designation and state license or certification num-
ber. The appraiser shall use only the designations permitted
pursuant to N.J.A.C. 13:40A-7.3.
Amended by R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Inserted "at the place" following "appraisal reports,", substituted
"the appraiser's" for "his or her" and amended the N.J.A.C. reference.
13:40A-7.3 Use of designations and abbreviations
(a) The following shall apply in connection with the use
of designations and abbreviations on appraisal reports or in
any advertisement or public representation:
3. A certified or licensed appraiser shall use his or her
designation or abbreviation only in conjunction with his or
her name and not in conjunction with the name of a firm,
corporation or partnership. For example, a firm, corpo-
ration or partnership shall not be identified as being
certified or licensed.
4. An individual who is not certified or licensed pursu-
ant to the Real Estate Appraisers Act, N.J.S.A. 45:14F-1
et seq., and this chapter shall not use the designations or
abbreviations set forth in (a)l above or any other designa-
tion or abbreviation using similar combinations of words
or letters to imply that the individual is state certified or
licensed.
5. A certified or licensed appraiser shall not permit
his or her name and designation to be used on an
appraisal where the appraiser has not participated in the
appraisal pursuant to the Uniform Standards of Profes-
sional Appraisal P~actice-- - - - ---
6. Trainee real estate appraisers shall use the full
designation "trainee real estate appraiser" followed by
their permit number. No abbreviation shall be permitted.
Amended by R.1997 d.23, effective January 21, 1997.
See: 28 N.J.R. 4724(a), 28 N.J.R. 369(a).
Added (a)6.
Amended by R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
In (a), inserted "and this chapter" preceding "shall not use" in 4 and
substituted references to trainees for references to apprentices in 6.
13:40A-7.4 Criteria for qualifying education instructor
and USPAP instructors
(a) An individual applying to be an instructor of quaufy-
ing education courses shall, at a minimum, have one of the
following requirements:
1. A baccalaureate degree in any field and three years
of experience directly related to the subject matter to be
taught;
2. A masters degree in any field and one year of
experience directly related to the subject matter to be
taught;
40A-11 Supp. 5-5-03
13:4OA-7.4 DEPT. OF LAW AND PUBLIC SAFETY
3. A masters or higher degree in a field that is directly
related to the subject matter to be taught;
4. Five years of real estate appraisal teaching experi-
ence directly related to the subject matter to be taught; or
5. Seven years of real estate appraisal experience di-
rectly related to the subject matter to be taught.
(b) Instructors for qualifying education, with an appraisal
license or certification, shall be in good standing.
(c) Approvals to teach as an instructor of qualifying
education courses shall be issued by the Board for two year
periods and shall be renewed biennially upon submission by
the instructor of an application for re-approval.
(d) Instructors for qualifying education who teach either
full time or part time as part of the faculty staff at colleges,
universities, community colleges or junior colleges accredit-
ed by the Commission on Higher Education or any real
estate appraisal or real estate related organizations that are
members of the Appraisal Foundation need not satisfy the
criteria set forth in (a) above. Adjunct instructors shall not
qualify for this exemption and shall satisfy the criteria in (a)
above in order to qualify as an instructor of education
courses.
(e) Instructors for USPAF' courses shall be required to
satisfy the USPAP instructor criteria as established by "The
Real Property Appraiser Qualification Criteria and Inter-
pretation of the Criteria" as promulgated by the AQB of the
Appraisal Foundation as amended and supplemented, which
are incorporated herein by reference as part of this rule. -- - - - -
New Rule, R.2002 d.205, effective July 1, 2002.
See: 34 NJ.R. 435(a), 34 N.J.R. 2319(a).
13:40A-7.5 Mixed practice; conflict of interest
(a) For the purposes of this section, "real estate licensee"
means any natural person licensed as a real estate broker,
broker-salesperson or salesperson pursuant to N.J.S.A.
45:15-1 et seq. and "transaction" means the buying, selling,
leasing, mortgaging, auctioning or exchanging of real estate.
(b) A real estate appraiser, who is also a real estate
licensee or who is employed as an appraiser by a licensed
real estate broker, shall not prepare an appraisal upon a
property while:
1. The real estate appraiser also is acting in the
capacity of a real estate licensee for any party with respect
to any transaction involving the property to be appraised;
2. The employing broker of the real estate appraiser is
acting as a real estate licensee for any party with respect
to any transaction involving the property to be appraised;
or
3. Any real estate licensee who is working for the
employing broker of the real estate appraiser acts as a
real estate licensee for any party with respect to such
transaction.
(c) The prohibitions listed in (b) above shall continue
until the transaction closes.
1. A sale or buy transaction is considered closed at
the time the closing has been completed and title has
passed from the seller to the buyer;
2. A lease transaction is considered closed at the time
the lease is fully executed and delivered to the parties or,
if there is no written lease, at the time of occupancy of
the leased premises by the tenant;
3. A mortgage transaction is considered closed at the
time a mortgage document is executed by the mortgagor
and delivered to the mortgagee; and
4. An exchange is considered closed at the time the
closing has been completed and title has passed between
the parties.
(d) Notwithstanding (b) above, this section shall not be
construed to preclude a real estate appraiser who is also a
real estate licensee, acting in the capacity of a real estate
licensee, from giving or offering to give, for a fee or
otherwise, counsel and advice on the pricing, listing, selling,
renting and use of real property, directly to a property
owner or prospective purchaser if the intended use of the
counsel or advice is solely for the individual knowledge of or
use by the property owner or prospective purchaser or
lessee and not by any third party. When providing such
counsel or advice, the licensed real estate appraiser, acting
in the capacity of a real estate licensee, shall disclose, in
writing, to the property owner or prospective purchaser or
lessee that such counsel and advice is not a "certified
appraisal" or a "licensed appraisal."
New Rule, R.2003 d.192, effective May 5, 2003.
See: 34 N.J.R. 3445(a), 35 N.J.R. 1937(b).
Prior section was reserved.
13:40A-7.6 License or certification renewal
(a) Licenses and certifications shall be renewed biennially
upon a form provided by the Board. Each applicant shall
attest that the applicable continuing education requirements
have been completed.
(b) The Board shall send a notice of renewal to each of
its licensees or certificate-holders, as applicable, at least 60
days prior to the expiration of the license or certificate. If
the notice to renew is not sent at least 60 days prior to the
expiration date, no monetary penalties or fines shall apply to
the holder for failure to renew.
(c) Every holder ot a license or certificate, issued or
renewed by the Board, who seeks renewal shall submit a
renewal application and pay a renewal fee prior to the date
of expiration of the license or certificate. If the holder does
not renew the license or certificate prior to its expiration
date, the holder may renew it within 30 days of its expiration
date by submitting a renewal application and paying a
renewal fee and a late fee. Any license or certification not
renewed within 30 days of its expiration date shall be
suspended without a hearing.
(d) Any individual who continues to practice with an
expired license or certification after 30 days following its
expiration date shall be deemed to be engaged in the
unlicensed practice of real estate appraising, even if no
notice of suspension has been provided to the individual.
(e) Renewal applications for all licenses or certificates
shall provide the applicant with the option of either active
or inactive renewal. A renewal applicant electing to renew
as inactive shall not engage in real estate appraising within
the State.
(f) An applicant who selects the inactive renewal option
shall remain on inactive status for the entire renewal period
unless, upon application to the Board, the Board permits
the inactive applicant to return to active status. As a precon-
dition to return to active status, the applicant shall present
satisfactory proof that he or she has maintained proficiency
by completing the continuing education hours required for
the renewal of an active license or certification.
New Rule, R.2002 d.205, effective July 1, 2002.
See: 34 NJ.R. 435(a), 34 N.J.R. 2319(a).
--- - -- -- - -
individual's criminal history record check reveals a record of
conviction of any of the following crimes and offenses:
1. In New Jersey, any crime or disorderly persons
offense:
i. Involving danger to the person, meaning those
crimes and disorderly persons offenses set forth in
N.J.S.A. 2C:ll-1 et seq., 2C:12-1 et seq, 2C:13-1 et
seq., 2C14-1 et seq., or 2C:15-1 et seq.; or
ii. Involving theft as set forth in Chapter 20 of Title
2C of the New Jersey Statutes; or
. . .
ill. Involving any controlled dangerous substances
or controlled dangerous substances analog as set forth
in Chapter 35 of Title 2C of the New Jersey Statutes
except as set forth in paragraph (4) of subsection a of
N.J.S.A. 2C35-10.
2. In any other state or jurisdiction, conduct which, if
committed in New Jersey, would constitute any of the
crimes or disorderly persons offenses described in (b)
above. This is deemed to include convictions for bank
fraud, wire fraud, or conspiracy to commit bank fraud or
wire fraud.
(c) Notwithstanding the provisions of (b) above, no indi-
vidual shall be disqualified from licensure or certification on
the basis of any conviction disclosed by a criminal history
record check if the individual has affirmatively demonstrat-
ed to the Board clear and convincing evidence of rehabilita-
tion. In determining whether an individual has affirmatively
demonstrated rehabilitation, the following factors shall be
considered:
1. The nature and responsibility of the position which
h w -
. . .
STATE BOARD OF REAL ESTATE APPRAISERS 13:4OA-7.8
- -
Pursuant to the Uniform Enforcement Act, N.J.S.A.
45:l-1 et seq., the Board may reinstate the license or
certification of an applicant whose license or certificate has
been suspended for failure to renew provided that the
applicant otherwise qualifies for licensure or certification.
New Rule, R.2002 d.205, effective July 1,2002.
See: 34 NJ.R 435(a), 34 N.J.R. 2319(a).
13:40A-7.8 Denial or revocation of license or certification;
record of conviction of certain crimes
(a) An applicant for licensure or certification shall not be
eligible for licensure or certification and any holder of a
license or certification shall have his or her license or
certification revoked if the Board determines that criminal
history record information exists on file in the Federal
Bureau of Investigation, Identification Division, or in the
State Bureau of Identification in the Division of State
Police, which would disqualify that individual from being
licensed or certified.
(b) An applicant or a holder of a license or certification
shall be disqualified from licensure or certification if that
2. The nature and seriousness of the offense;
3. The circumstances under which the offense oc-
curred;
4. The date of the offense;
5. The age of the individual when the offense was
committed;
6. Whether the offense was an isolated or repeated
incident;
7. Any social conditions which may have contributed
to the offense; and
8. Any evidence of rehabilitation, including good con-
duct in prison or in the community, counseling or psychi-
atric treatment received, acquisition of additional aca-
demic or vocational schooling, successful participation in
correctional work-release programs, or the recommenda-
tion of persons who have had the individual under their
supervision.
(d) The Board may refuse to admit a person to an
examination or may refuse to issue or may suspend or
40A-13 Supp. 7-7-03
13AOA-7.8 DEPT. OF LAW ANP/"^BLIC SAFETY
revoke any certificate or license issued by the Board upon
proof that the applicant or holder of such certificate or
license:
1. Has obtained a certificate, license or authorization
to sit for an examination, as the case may be, through
fraud, deception, or misrepresentation;
2. Has engaged in the use or employment of dishones-
ty, fraud, deception, misrepresentation, false promise or
false pretense;
3. Has engaged in gross negligence, gross malpractice
or gross incompetence which damaged or endangered the
life, health, welfare, safety or property of any person;
4. Has engaged in repeated acts of negligence, mal-
practice or incompetence;
5. Has engaged in professional or occupational mis-
conduct as may be determined by the Board;
6. Has been convicted of, or engaged in acts constitut-
ing, any crime or offense involving moral turpitude or
relating adversely to real estate appraising. For the pur-
poses of this subsection a judgment of conviction or a
plea of guilty, non vult, nolo contendere or any other such
disposition of alleged criminal activity shall be deemed a
conviction;
7. Has had the authority to engage in real estate
appraising revoked or suspended by any other state, agen-
cy, or certifying authority for reasons consistent with this
section;
8. Has violated or failed to comply with the provisions
of any statute or regulation administered by the Board;
9. Is incapable for medical or any other good cause, of
discharging the functions of a licensee or certificate hold- --- -- - - -- -
er in a m b e r consistent with the public's health, safety
and welfare;
10. Has violated any provision of P.L. 1983, c.320
(N.J.S.A. 17:33A-1 et seq.) or any insurance fraud pre-
vention law or act of another jurisdiction or has been
adjudicated, in civil or administrative proceedings, of a
violation of P.L. 1983, c.320 (N.J.S.A. 17:33A-1 et seq.)
or has been subject to a final order, entered in civil or
administrative proceedings, that imposed civil penalties
under that act against the applicant or holder;
11. Is presently engaged in drug or alcohol use that is
likely to impair the ability to practice the profession or
occupation with reasonable skill and safety. For purposes
of this subsection, the term "presently" means at this time
or any time within the previous 365 days;
12. Has permitted an unlicensed person or entity to
perform an act for which a license or certification is
required by the Board, or aided and abetted an unli-
censed person or entity in performing such an act; or
13. Advertised fraudulently in any manner.
New Rule, R.2002 d.205, effective July 1, 2002.
See: 34 N.J.R. 435(a), 34 NJ.R. 2319(a).
13:40A-7.9 Disciplined licensees or certificate holders;
prohibited activities
(a) When used in this section, "steps of the valuation
process" means any and all work performed by or at the
direction of an individual including, but not limited to, the
gathering of any data from which to extract information and
market trends, the analysis of data, such as sales, cost, and
income data pertaining to a property being appraised, and
the reconciliation of the data to form a value conclusion.
(b) No later than the effective date of a suspension,
revocation or voluntary surrender, any suspended or re-
voked licensee or certificate holder, or any licensee or
certificate holder who has agreed'to a voluntary surrender
of his or her license or certificate, to be deemed a revoca-
tion, shall immediately forward the original license or certi-
fication to the Board office located at Post Office Box
45032, 124 Halsey Street, Third Roor, Newark, New Jersey
07101. With respect to suspensions of a finite term, at the
conclusion of the term, the licensee or certificate holder
may contact the Board office for the return of the docu-
ments previously surrendered to the Board.
(c) Any licensed or certified appraiser who is under active
disciplinary suspension pursuant to a Board order or con-
sent agreement, or whose license or certification has been
revoked or surrendered, shall cease and desist from engag-
ing in the practice of real estate appraising in all respects,
and shall refrain from engaging in any work or activities,
including any of the steps of the valuation process, in
connection with any appraisal assignment for real estate
located in the State of New Jersey. No suspended or re-
voked licensee or certificate holder shall charge, receive or
share in any fee for professional services rendered by him-
self or herself or others while barred from engaging in real
e s m x a p p a ~ . =-*---- reasonable value of services lawfully rendered and disburse-
ments incurred prior to the effective date of the Board
action. Failure to comply with this provision shall be
deemed professional misconduct.
(d) Any New Jersey licensed or certified real estate ap-
praiser who assists a suspended or revoked real estate
appraiser in the performance of steps in the valuation
process or employs or provides payment for services in any
capacity rendered by any suspended or revoked real estate
appraiser, whether payment is made to the appraiser as an
employee or as an independent contractor, shall be deemed
to have aided and abetted unlicensed or uncertified practice
pursuant to N.J.S.A. 45:l-21(n), and to have engaged in
professional misconduct pursuant to N.J.S.A. 451-21(e).
(e) Any payment made to or received by a suspended or
revoked licensee or certificate holder by any New Jersey
licensed or certified real estate appraiser will be presumed
to be related to the practice of real estate appraising, unless
the licensee or certificate holder or suspended or revoked
licensee or certificate holder can affirmatively demonstrate
by clear and convincing evidence that the moneys were
unrelated to the practice of real estate appraising.
STATE BOARD OF REAL ESTATE APPRAISERS
(0 Any Board licensee or certificate holder who has been
subject to any of the following actions by the Department of
Housing and Urban Development (HUD) shall be deemed to
have engaged in professional misconduct pursuant to N.J.S.A.
45: 1-21(e), as well as pursuant to N.J.S.A. 45: 1-21(g): a de-
barment, a limited denial of participation, a suspension, as
defined by 24 C.F.R. Â 24.105; or a removal from the HUD's
FHA Appraiser Roster pursuant to 24 C.F.R. 200.204, and
accordingly, may be subject to sanction pursuant to N.J.S.A.
45: 1-21 or N.J.S.A. 45: 1-22.
New Rule, R.2003 d.275, effective July 7, 2003
See: 35 N.J.R. 1359(a), 35 N.J.R. 2936(a).
13:40A-7.10 Notification of change of address; service of
process
(a) Every licensee and certificate holder shall give notice
to the Board of any change of his or her address of record
within 10 days of such change. For purposes of this section
"address of record" means an address designated by a li-
censee or certificate holder which is part of the public record
and which may be disclosed upon request. "Address of
record" may be a licensee or certificate holder's home, busi-
ness or mailing address, but shall not be a post office box.
(b) Service of an administrative complaint or other process
initiated by the Board, the Attorney General or the Division
of Consumer Affairs at the licensee's or certificate holder's
address of record shall be deemed adequate notice.
New Rule, R.2007 d.54, effective February 5, 2007.
See: 38N.J.R. 3741(a), 39N.J.R. 495(a).
SUBCHAPTER 8. CERTIFICATION OR LICENSURE BY
ENDORSEMENT
13:40A-8.1 Certification or licensure by endorsement
(a) An individual possessing a certification to practice gen-
eral real estate appraising or residential real estate appraising,
or an individual possessing a license to practice residential
real estate appraising in any state of the United States other
than New Jersey, may apply for, and shall be granted, New
Jersey certification by endorsement or licensure by endorse-
ment provided that the individual's certification or license to
practice is in good standing in all jurisdictions in which that
individual holds a certification or licensure, and:
1. Undergoes a criminal history background check;
and
2. The requirements for securing certification or licen-
sure in any one state in which the individual holds a cer-
tification or license meet or exceed all minimum standards
for certification or licensure set forth by the Appraiser
Qualifications Board (AQB) of the Appraisal Foundation.
(b) Appraisers licensed by endorsement shall be required
to complete the continuing education requirements set forth in
N.J.A.C. 13:40A-5.
Amended by R.2002 d.205, effective July 1,2002.
See: 34 N.J.R. 435(a), 34 N.J.R. 2319(a).
Rewrote (a)l; in (b), deleted "and through the reciprocal licensing
process".