1.1Authority, Purpose and Scope
A.Authority: This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws §§ 5-20.7-4(c)(6) and 5-20.7-6(a)(6).
B.Purpose: The purpose of this regulation is to establish standards and procedures for the licensure and certification of real estate appraisers in Rhode Island pursuant to R.I. Gen. Laws Chapter 5-20.7.
C.Scope:
1.As of January 1, 2007, the State of Rhode Island became a "mandatory state" that requires licensure or certification as an appraiser pursuant to R.I. Gen. Laws Chapter 5-20.7 for those persons who issue opinions or analyses of value or use relating to real property in this state. This licensing requirement applies to all opinions or analyses of real estate value or use, whether in the form of a written appraisal, consultant's report, or expert testimony before a court or an administrative body (such as a local zoning board).
2.Notwithstanding the mandatory licensure requirement, any person who holds a real estate broker or salesperson's license may provide, in the ordinary course of business, a written or oral opinion of value of real estate solely for the purposes of a prospective listing, purchase, sale, or business valuation but may not refer to such an opinion of value as an appraisal.
1.2Definitions
A.In addition to the terms defined in R.I. Gen. Laws § 5-20.7-2, for the purposes of this Part, the following terms shall have the following meanings:
1."Appraisal" or "Real Estate Appraisal" means a written or oral analysis, opinion and/or conclusion relating to the nature, quality, value and/or utility of specified interests in, or aspects of, Real Estate.
a.An appraisal may be classified by subject matter into either a Valuation or an Analysis.
b."Analysis" means the examination or study of real estate or real property other than an estimate of value using an orderly process by which the problem is defined, the work necessary to solve the problem is planned, and the data involved are acquired, classified, analyzed, and interpreted into a final opinion or conclusion.
c."Valuation" means a written or oral estimate of the value of Real Estate or Real Property.
2."Appraisal Foundation" or “Foundation” means the not-for-profit corporation established on November 30, 1987, under the laws of Illinois, and overseen by the ASC in accordance with Title XI of FIRREA, 12 U.S.C. §§ 3331 through 3355. The mission of the Appraisal Foundation is to promote professionalism in appraising. This is accomplished primarily through the work of two independent Boards, the Appraisal Standards Board (“ASB”) and the Appraiser Qualifications Board (“AQB”). The AQB is responsible for the generally recognized performance standards of the appraisal profession, USPAP.
3."Appraisal Process" means a systematic Analysis of the factors that bear upon the value or utility of real estate.
4."AQB" means the Appraiser Qualifications Board, which is part of the Appraisal Foundation.
5."ASB" means the Appraisal Standards Board, which is part of the Appraisal Foundation.
6."Appraisal Review" means the act or process of developing and communicating an opinion about the quality of another appraiser’s work by a Rhode Island licensed or certified appraiser.
7."Appraisal Subcommittee" or “ASC” means the body within the Federal Financial Institutions Examination Council as established by 12 U.S.C. § 3310.
8."Board" means the Real Estate Appraisers Board established pursuant to R.I. Gen. Laws Chapter 5-20.7.
9."Certified Appraisal" means an appraisal or appraisal report given or signed and certified as such by a state certified real estate appraiser or state licensed real estate appraiser.
10."Certified General Real Estate Appraiser" means a person qualified to appraise all types of real property without transaction value limitation as defined in R.I. Gen. Laws § 5-20.7-8(b)(2).
11."Certified Residential Real Estate Appraiser" is defined in R.I. Gen. Laws § 5-20.7-8(b)(1) and is qualified to appraise one to four (1-4) residential units without regard to the value or complexity.
a.A Certified Residential Real Estate Appraiser may appraise vacant or unimproved land that is utilized for one-to-four residential units, or for which the highest and best use is for one-to-four residential units.
b.A Certified Residential Real Estate Appraiser may not appraise subdivisions for which a development analysis/appraisal is necessary.
12."Complex one to four unit residential property" means one in which the property to be appraised, the form of ownership, or the market conditions are atypical.
13."Core Education" or "Core Curriculum" or "Core Courses" means qualifying education courses covering specified subject matters as listed in the current RPAQC for each appraiser classification.
14."Department" means the Rhode Island Department of Business Regulation.
15."Direct supervision" means:
a.Personally reviewing the work product of the trainee;
b.Approving, signing, and accepting responsibility for each appraisal report that includes the trainee’s work product and certifying that such reports have been independently and impartially prepared in compliance with USPAP, these rules, and applicable statutory standards; and
c.Indicating, within the certification section of the appraisal report, the name of the trainee providing significant 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.
16.“Disciplinary action” means the corrective or punitive action taken by the Department or the Board involving any appraiser, whether formal or informal, consensual or involuntary, resulting in any of the following: revocation or suspension of credential, written consent agreements or orders, administrative penalties or fines, probation, formal reprimand notices or any other restriction on the use of a credential, or voluntary surrender in lieu of disciplinary action.
17.“FIRREA” means Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended by the Dodd-Frank Act, 12 U.S.C. §§ 3331 through 3355.
18.“Licensee” means a person who has obtained one of the four (4) appraiser credentials from the Department: Trainee License, Licensed Residential Appraiser, Certified Residential Appraiser, or Certified General Appraiser.
19."Licensed Residential Real Estate Appraiser" is defined in R.I. Gen. Laws § 5-20.7-8(c), and is only qualified to appraise non-complex, one to four (1-4) residential units having a transaction value of less than one million dollars ($1,000,000) and complex, one to four (1-4) residential units having a transaction value of less than four hundred thousand dollars ($400,000), or as may be established by the RPAQC.
a.For non-federally related transaction appraisals, transaction value shall mean market value.
b.A Licensed Residential Real Estate Appraiser may appraise vacant or unimproved land that is utilized for one-to-four residential units, or for which the highest and best use is for one-to-four residential units.
c.A Licensed Residential Real Estate Appraiser may not appraise subdivisions for which a development analysis/appraisal is necessary.
20.“PAREA” or “Practical Applications of Real Estate Appraisal” means programs approved by the AQB that utilize simulated experience training and serve as an alternative to the Supervisor/Trainee experience model in accordance with the RPAQC.
21."Real Estate" is defined in R.I. Gen. Laws § 5-20.7-2.
22."Real Property" is defined in R.I. Gen. Laws § 5-20.7-2.
23.“Real Property Appraiser Qualification Criteria" or “RPAQC” means the criteria promulgated by the AQB of the Appraisal Foundation, as amended and supplemented, that establish the experience, pre-licensing, and continuing education criteria for real estate appraisal licensure and certification. In accordance with R.I. Gen. Laws Chapter 5-20.7, specifically §§ 5-20.7-4(c)(6), 5-20.7-7, 5-20.7-9, 5-20.7-10, and 5-20.7-17, the examination, education, and experience requirements of certificate and license holders must meet the minimum standards of the Appraisal Foundation, including the RPAQC.
24."Residential property" means property of one to four (1-4) residential units.
25."Supervisory Appraiser" means an individual who is a certified residential appraiser or a certified general appraiser in good standing in accordance with the current RPAQC requirements and § 1.7(B)(1) of this Part, and who has acknowledged an agreement in writing to perform the responsibilities of a supervisory appraiser set forth in § 1.7(B) of this Part.
26."Trainee" means a person who has met the educational requirements of the AQB of the Appraisal Foundation and who has been issued a trainee license to complete the experience requirement to become a Licensed or Certified Real Estate Appraiser working under the direct supervision of a certified appraiser.
27."USPAP" means the standards of practice set forth in the Uniform Standards of Professional Appraisal Practice, as promulgated by the Appraisal Standards Board of the Appraisal Foundation, which state certified or licensed real estate appraisers must comply with in accordance with R.I. Gen. Laws § 5-20.7-19.
1.3Data Transmission to ASC
A.The Department shall transmit to the ASC all required information, reports, rosters, and fees in accordance with Title XI of FIRREA, 12 U.S.C. § 3338.
1.4Fees and Charges
A.Fees are established by the Department in accordance with R.I. Gen. Laws § 5-20.7-15. All fees and charges shall be nonrefundable. The Department will not prorate fees.
Initial and Reciprocal Application Fee | $200 |
Initial and Re-Examination Fees | As Prescribed by the Pre-Approved Testing Service |
Initial and Reciprocal License/Certification | $200 per year |
Biennial Renewal of License/Certification | $200 per year |
Temporary Practice Permit/Certificate | $200 for 6 months |
National Registry Fee | $40 per year |
Reinstatement Fee | $30 |
Education Submission Fee | $25 per class |
1.5Certification or Licensure Required
A.No person shall provide an analysis, opinion, or conclusion that relates to the nature, quality, value or utility of identified real estate as a consultant, expert witness, or otherwise, unless duly licensed or certified as an appraiser pursuant to R.I. Gen. Laws Chapter 5-20.7.
1.6Application for Appraiser License or Certification
A.To obtain licensure/certification in any of the four classifications, an applicant must submit a complete application which demonstrates that they have successfully completed the educational, experience, and examination requirements for the desired classification as set forth in RPAQC and described in § 1.6 of this Part.
B.The four (4) classifications of appraisal licensure/certification are as follows, in ascending order of education and experience:
1.Licensed Trainee;
2.Licensed Residential Real Estate Appraiser;
3.Certified Residential Real Estate Appraiser; and
4.Certified General Real Estate Appraiser.
1.6.1Qualifying Core Education
A.PAREA Applicants - Prior to enrolling in a PAREA program, an applicant must demonstrate that they have successfully completed the requisite core education courses in accordance with RPAQC in subjects related to real estate appraisal and USPAP from a nationally recognized appraisal organization, college, university or other school pre-approved by the AQB or such other school approved by the Board and the Department.
B.All applicants for licensure as a trainee, licensed residential, certified residential, or certified general appraiser shall submit to the Department official documentation that they successfully completed the core education requirements for that license or certification as established by RPAQC, promulgated by the AQB of the Appraisal Foundation, as amended and supplemented.
C.No core course of less than fifteen (15) hours (except for the eight (8) hour course on valuation bias and fair housing laws and regulations required by the RPAQC effective January 1, 2026) and no core course in which the applicant did not pass an examination shall be credited toward satisfying the minimum core education requirements to become licensed and/or certified.
1.All qualifying education for the Trainee Licensee must be completed within the five (5) year period prior to the date of submission of an application.
D.All core courses shall be taught by a nationally recognized appraisal organization, college, university or other school pre-approved by the AQB, or such other school approved by the Board and the Department. Credit towards qualifying education requirements may be obtained through the completion of a degree program in Real Estate from an accredited degree-granting college or university, provided that the institution’s curriculum has been reviewed and approved for credit by the AQB.
E.A written, proctored examination is required for all qualifying education distance course offerings and shall include an examination taken on paper or administered electronically on a computer or other device.
1.6.2Qualifying Experience
A.No appraisal experience shall be required as a prerequisite for a Trainee Appraiser credential or to enroll in a PAREA Program.
B.Depending on the license or certification sought, some or all the Qualifying Experience may be obtained through the successful completion of an AQB approved PAREA program in accordance with the RPAQC.
C.Appraisal Experience Log (Documentation of Appraisal Experience not obtained through PAREA)
1.All persons applying for an upgrade to a higher license classification shall submit a log evidencing their appraisal experience on a form provided by the Department. The form must be signed by the applicant, and shall include the following information for each appraisal assignment:
a.Type of property;
b.Date of report;
c.Address of appraised property;
d.Description of work performed by the trainee/applicant;
e.Scope of the review and supervision of the supervising appraiser;
f.Number of actual work hours by the applicant on the assignment; and
g.The signature and state certification number of the supervising appraiser, if applicable.
2.Adequate written reports or file memoranda shall support all experience. Each applicant shall furnish, under oath, a detailed listing of the real estate appraisal reports or file memoranda for each year for which the applicant claims experience. Upon request, the applicant shall make available to the Board or the Department a sample of appraisal reports that the applicant has prepared in the course of their practice.
3.Appraisal experience shall be of the type for which the applicant is seeking a license or certification. The Appraisal Process must have been utilized for appraisal experience to be applied toward the requisite experience in the RPAQC. The work claimed in the application for experience credit shall comply with USPAP, as promulgated by the Appraisal Foundation at the time the applicant prepared the appraisals, and/or any applicable federal requirements.
4.A year of real estate appraisal experience is defined in terms of hours within a twelve (12) month period. Hours may be treated as cumulative to achieve the necessary hours of appraisal experience.
5.All licensees are required to demonstrate to the satisfaction of the Board a level of understanding of the complete Appraisal Process. Any applicant who falsely claims experience may be subject to denial of their application or suspension or revocation of an existing license.
6.A comparable market analysis typically performed by either a licensed real estate broker or salesperson may be awarded experience credit when the analysis is prepared in conformity with USPAP, and the applicant can demonstrate that they utilize and understand the Appraisal Process.
7.There is no maximum time limit during which experience may be obtained.
1.6.3Qualifying Examination
A.Upon completion and satisfaction of the core education and experience requirements set forth in the RPAQC for the desired license or certification, an applicant must take and pass a written examination offered and administered by a testing service pre-approved by the Board and the Department.
B.To be eligible for the examination, an applicant shall present the following to the Board and the Department:
1.Evidence that they are at least 18 years of age;
2.Official documentation of successful completion of the core education requirements as set forth in RPAQC and described in § 1.6.1 of this Part;
3. The log evidencing the applicant's qualifying appraisal experience as set forth in RPAQC, as described in § 1.6.2 of this Part; and
C.Applicants must take an examination within two (2) years of the issuance of a test authorization card. Test scores will remain valid for two (2) years from the date of examination. The Department shall keep applications on file for two (2) years from the date of filing.
1.6.4Application Procedures for Appraiser License or Certification
A.Applications for all Appraiser classifications shall be on forms prescribed by the Department and shall contain whatever information the Department requires or is required by the RPAQC, including but not limited to any requirements included in this Part.
B.Trainee Applicants
1.Upon completion of the core education and having obtained a qualifying Supervisory Appraiser, an applicant may apply for a Trainee License by submitting a complete application to the Department along with the applicable fees.
C.Applicants with PAREA in lieu of experience
1.Upon completion of the core education and an AQB approved PAREA program, an applicant may apply for an Appraiser Credential by submitting a complete application to the Department along with the applicable fees.
a.The application must include the PAREA completion certificate.
b.Additional documentation of experience may be needed, in accordance with RPAQC requirements, depending up on the classification applied for.
c.Upon receipt of a complete application, the Department and/or the Board will review the application and determine if the applicant will be approved to take the applicable exam.
d.Upon passing the exam, the applicant shall submit to the Department proof of passing the examination and request the issuance of their requested credential.
D.Upgrading an Appraiser Credential
1.Applicants who wish to upgrade to a higher classification shall submit the following to the Department:
a.A letter of intent identifying which credential they are applying for.
(1)If applying for Certified Residential, the applicant must identify which of the six (6) education categories in the RPAQC they are eligible under and provide all necessary supporting documentation to prove such eligibility.
b.Certificates of completion for the RPAQC required prerequisite education for the classification they are applying for.
c. A completed Appraisal Experience Log signed by both the applicant and their supervisory appraiser (if applicable) on each page of the log, including the total number of hours worked per page; and/or proof of completion of a PAREA program for some or all of the experience requirements as may be permitted by the RPAQC for the particular classification.
2.Upon receipt of a complete application, the Board and/or the Department will review the application and determine if the applicant will be approved to take the applicable exam.
3.Upon passing the exam, the Applicant shall submit to the Department proof of passing the examination and request the issuance of their upgraded credential.
1.6.5Application for a Reciprocal License or Certification
A.The Department may issue a license or certificate to an applicant who has otherwise met the requirements for licensure and/or certification in Rhode Island without examination, provided the following terms and conditions are met:
1.The applicant holds a valid credential from a state which is in compliance with 12 U.S.C. 3351;
2.The credentialing requirements of that state as they exist at the time of application for reciprocal license or certification must meet or exceed the requirements which currently exist in Rhode Island;
3.The applicant has complied with the provisions of R.I. Gen. Laws § 5-20.7-16; and
4.The applicant has submitted a complete application and paid the applicable fees.
B.Upon receipt of a complete application, the Board and/or the Department will review the application and issue the credential to qualified applicants.
1.6.6Term of License or Certification
A.Every certificate or license issued pursuant to R.I. Gen. Laws Chapter 5-20.7 shall be for a term of two (2) years from the date of issuance (except for temporary practice permits, see § 1.10 of this Part). The expiration date of the certificate or license shall appear on the certificate or license. No other notice of its expiration need be given to the holder thereof.
1.6.7Renewal of License or Certification
A.Renewal Application
1.Every person certified or licensed pursuant to R.I. Gen. Laws Chapter 5-20.7 who desires to renew the certification or license shall apply for the renewal of the license or certification by submitting a complete renewal application upon a form to be furnished by the Department, which shall contain whatever information the Department requires, including:
a.Proof of completing the continuing education requirements set forth in R.I. Gen. Laws § 5-20.7-17 and § 1.9 of this Part; and
b.Payment of the applicable fees.
2.Any renewal of a certification or license shall be subject to the same provisions and requirements covering issuance, suspension, and revocation of any certification or license as originally issued.
B.Late Renewal
1.Any person who otherwise satisfies the renewal requirements for a license or certification may renew an expired license or certification within two (2) years after its expiration date by submitting:
a.A complete renewal application containing the information required in § 1.6.7(A) of this Part;
b.The applicable renewal fees;
c.A late renewal fee of thirty ($30) dollars; and
d.An affidavit including a written explanation of any real estate appraisal activity in Rhode Island during the lapsed period, whether the applicant holds any active appraisal licenses in other jurisdictions, and whether they have practiced during this lapsed period in any other jurisdiction.
2.If a person has engaged in unlicensed real estate appraisal activity in Rhode Island, the Department/Board will determine whether the person is eligible for renewal and may initiate a disciplinary action pursuant to § 1.14 of this Part.
1.6.8Reinstatement of License or Certificate
A.If the License or Certificate has been expired for more than two (2) years:
1.The Applicant may apply for reinstatement by contacting the Department for application instructions. At a minimum, the following information and documentation will be required:
a.All the requirements for late renewal set forth in § 1.6.7(B) of this Part; and
b. Completion certificates, as required by the RPAQC under “Criteria Applicable to All Appraiser Classifications,” for all continuing education hours that would have been required if the credential holder was in an active status since the date of expiration, including the most recent edition of a 7-Hour National USPAP Update Course (or its AQB-approved equivalent).
(1)No waivers of continuing education requirements are permitted unless allowed by the current RPAQC.
(2)In lieu of completing all outstanding continuing education hours, the Applicant may apply for a new credential and submit proof of completing all current requirements applicable to that credential.
B.If the expired License or Certificate was revoked, suspended, or surrendered or otherwise subject a disciplinary action:
1.The Applicant may submit a Reinstatement application pursuant to § 1.6.8(A) of this Part. The Department and/or Board will review the Application and disciplinary record to determine if the Applicant is eligible for reinstatement.
C.At the Department and/or Board’s discretion, applicants for Reinstatement under § 1.6.8 of this Part may be required to:
1.Appear before the Board;
2.Submit of evidence of good standing from other jurisdictions where the applicant holds an active License or Certificate;
3.Take and pass the applicable exam; and/or
4.Be subject to additional requirements or limitations of the scope of practice.
D.Applicants for Reinstatement that hold an active License or Certificate in another state are not automatically eligible for reciprocal licensure/certification and must comply with the requirements of § 1.6.8 of this Part.
1.6.9Other General Requirements
A.No license or certification will be issued for incomplete or deficient applications.
B.Application and licensing/certification fees are nonrefundable.
C.The Board or the Department may require an applicant to demonstrate by competent evidence that they are qualified to hold a license or certificate in accordance with the requirements of R.I. Gen. Laws Chapter 5-20.7 and these regulations. Such evidence may include letters of specific reference or other written statements verifying or supporting the application to be licensed or certified by the Department.
D.The Board or the Department may require, as a condition of licensure or certification, an applicant to authorize the Board and/or the Department the right to make such inquiries as it deems necessary or appropriate to verify information contained in the application and/or required to be provided by law or regulation. The authorization shall include, without limitation, permission to request samples of previous work performed, evaluations by prior employers of the applicant’s work product, explanations as to type of work performed, verification of hours and terms of employment, verification of educational experiences and courses taken, and information from any source relevant to the application. An applicant shall execute all authorization forms as the Board, or the Department deems necessary or appropriate to obtain such information.
E.Initial applicants and reciprocal applicants for all classifications of licensure must submit with their application a Criminal History Record from the Rhode Island Department of Attorney General. Non-residents must also submit a Criminal History Record from their home state law enforcement agency.
F.Upon initial licensure and at all times thereafter, every licensee shall ensure that the Department has on record the licensee’s current contact information, including but not limited to: current personal name, email address, firm affiliation, trade name, residence address and firm address. Every licensee shall notify the Department in writing of each change of any of the above listed contact information within ten (10) days of the change.
G.Failure to disclose any prior disciplinary action related to an appraiser credential issued in Rhode Island or by any other state, or knowingly submitting false statements in any application to the Department may be grounds for the denial of the application pursuant to R.I. Gen. Laws § 5-20.7-20(c)(1).
1.7Trainees and Supervisory Appraisers
A.Responsibilities of a Trainee.
1.Trainees shall comply with the requirements in the current RPAQC.
2.Trainees shall work under the "direct supervision" of a "supervisory appraiser."
3.Prior to starting any work as a Trainee, the holder of a Trainee license shall inform the Department in writing of the identity of any individuals who have agreed to serve as a "supervising appraiser" for the trainee. A Trainee is permitted to have more than one Supervisory Appraiser. A Trainee shall inform the Department in writing, within seven days, in the event that any individual previously designated as a Supervisory Appraiser ceases to agree to perform the responsibilities of a Supervisory Appraiser, or in the event that any individual not previously designated as a Supervisory Appraiser agrees to supervise the work product of the Trainee.
4.A Trainee shall not solicit or maintain a direct relationship with a client or a party or parties who engage an appraiser by employment or contract in a specific assignment. A 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 Supervisory Appraiser.
5.A Trainee shall not advertise. Any advertisement in the name of a Supervisory 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 that clearly indicate such person is a trainee.
6.A Trainee shall also have the following duties:
a.The Trainee shall ensure that their experience log is available at all times for inspection by the Board or the Department.
b.When performing appraisal assignments, the Trainee shall make readily available upon request a copy of the license certificate issued by the Department.
c.The Trainee shall maintain and have in their custody a work file for each appraisal assignment. The work file must be in existence prior to and contemporaneous with the issuance of a written or oral report. A written summary of an oral report must be added to the work file within a reasonable time after the issuance of the oral report. Each work file must include:
(1)The name of the client and the identity, by name or type, of any other intended users;
(2)True copies of any written reports, documented on any type of media;
(3)Summaries of any oral reports or testimony, or a transcript of testimony, including the appraiser’s signed and dated certification; and
(4)All other data, information, and documentation necessary to support the appraiser's opinions and conclusions and to show compliance with this regulation and all other applicable USPAP Standards, or references to the location(s) of such other documentation.
d.When the Trainee has obtained a new Supervisory Appraiser, the Trainee and Supervisory Appraiser shall file an affidavit memorializing the relationship.
e.The Trainee shall comply with the provisions of USPAP.
7.Continuing education requirements for Trainee Appraisers.
a.An individual holding a Trainee license for more than two years shall comply with the continuing education requirements in § 1.9 of this Part and as established by RPAQC in order to renew their Trainee License.
B.Supervisory Appraisers
1.Supervisory Appraisers shall comply with the eligibility requirements in the current RPAQC.
a.Supervisory Appraisers shall be state-certified (in any US jurisdiction) and in “good standing” for a period of at least three (3) years prior to being eligible to become a Supervisory Appraiser.
b.Supervisory Appraisers do not need to be state certified and in good standing in the jurisdiction in which the Trainee Appraiser practices for any specific minimum period of time.
c.Supervisory Appraisers shall not have been subject to any disciplinary action—within any jurisdiction—within the last three (3) years that affected the Supervisory Appraiser’s legal eligibility to engage in appraisal practice. A Supervisory Appraiser subject to a disciplinary action would be considered to be in “good standing” three (3) years after the successful completion/termination of the sanction imposed against the appraiser.
d.Supervisory Appraisers shall comply with the Competency Rule of USPAP for the property type and geographic location where the Trainee Appraiser is being supervised.
2.Any individual designated as a Supervisory Appraiser shall acknowledge in writing to the Department that they agree to perform all responsibilities set forth in § 1.7(B)(3) of this Part.
3.A Supervisory Appraiser shall also have the following duties:
a.The Supervisory Appraiser shall at all times be responsible for and provide direct supervision of the work performed by the Trainee.
b.The Supervisory 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.
c.The Supervisory Appraiser shall notify the Department and their Trainee(s) in writing within ten (10) days if they cease performing or are unable to perform the responsibilities set forth in § 1.7(B)(3) of this Part.
d.A Supervisory Appraiser shall not supervise more than three (3) Trainees at one time.
e.The Supervisory Appraiser shall personally inspect, with the trainee, the interior and exterior of each appraised property until the Supervisory Appraiser determines that the Trainee is competent to inspect the property in accordance with the Competency Rule of USPAP for the property type.
f.A Supervisory Appraiser shall complete a course that, at a minimum, complies with the specifications for course content established by the AQB. The course will be oriented toward the requirements and responsibilities of Supervisory Appraisers and expectations for Trainees Appraisers. The course must be completed by the Supervisory Appraiser prior to supervising a Trainee Appraiser.
g.The Supervisory 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 work file of the appraisal assignment.
h.Failure to comply with § 1.7(B)(3) of this Part may be deemed professional misconduct and could result in a discipline of the Supervisory Appraiser’s certification in accordance with R.I. Gen. Laws § 5-20.7-20.
1.8Duty to Maintain Verification of Experience
A.A person may be asked to verify their experience while licensed or certified. All persons licensed or certified must maintain file data containing adequate written reports or file memoranda to support their experience claim. Persons should not submit such data unless requested to do so. Each person shall furnish, under oath, a detailed listing of the real estate appraisal reports or file memoranda for each year for which experience is claimed by the person on forms or in a manner required by the Board and/or the Department.
1.9Continuing Education
A.Continuing Education Requirements. As a prerequisite to renewal by the Department, an applicant must present evidence satisfactory to the Department that during the immediately preceding term of licensure or certification, the applicant has completed twenty-eight (28) hours of continuing education in accordance with R.I. Gen. Laws § 5-20.7-17 and the RPAQC.
B.In addition to the eligible categories of continuing education set forth in R.I. Gen. Laws § 5-20.7-17 and the RPAQC, continuing education credits may be obtained through:
1.The successful completion of qualifying education courses taken to fulfill the class hour requirement for a different classification, other than the licensee’s current classification. Such courses may be simultaneously counted towards the continuing education requirement of their current classification and the core education requirements for upgrading to a different credential.
2.Attendance at a Real Estate Appraisers Board meeting, provided that:
a.Credit may be awarded for only one Real Estate Appraisers Board meeting per continuing education cycle or licensing period;
b.The meeting must be at least two hours in length;
c.The applicant shall receive one credit for each hour attended but cannot receive more than seven credit hours in total for the meeting; and
d.The meeting must be open to the public.
e.Credit will not be given for attendance at such a meeting if the licensee’s appearance was requested by the Board due to a pending complaint against that licensee.
B.Course Approval. Any courses offered to satisfy any of the educational criteria set forth herein in § 1.9 of this Part must first be submitted and approved by the Board in writing. The Department shall periodically publish a listing of all such courses approved.
1.10Temporary Practice Permits
A.Upon satisfaction of the reciprocity criteria set forth in § 1.6.5 of this Part, the Department, upon application, may issue a temporary license or certificate for a period not to exceed one hundred eighty (180) days under the following conditions:
1.The property to be appraised is part of a federally-related or other transaction;
2.The applicant must be a certified or licensed appraiser;
3.The application is received before the appraisal assignment is commenced; and
4.The application identifies the specific assignment(s) or appraisal(s) at issue.
B.Permits may be extended until the completion of the assignment upon request to the Department, up to a maximum of two extensions per assignment. If additional time is required to complete the assignment or appraisal, a new application must be filed which complies with § 1.10(A) of this Part.
C.Requests for an extension must be received prior to the expiration date of the last Temporary Practice Permit granted.
1.11Uniform Standards of Professional Appraisal Practice
A.All appraisers licensed or certified pursuant to R.I. Gen. Laws Chapter 5-20.7 and this Part shall comply at all times with USPAP.
1.12Inspection of Records
A.In order to reasonably effectuate the provisions of R.I. Gen. Laws § 5-20.7-18 and this regulation, every licensed or certified person shall make available for inspection by the Director, or a designated representative, all records of transactions, books of account, instruments, documents, and forms utilized or maintained by such person in the conduct of the performance of appraisal assignments, that may be pertinent to the conduct of an investigation of any specific complaint. All records pertaining to appraisals shall be made available upon demand. All other records shall be made available upon reasonable notice.
1.13Reporting Convictions and Disciplinary Actions
A.Any licensee who is convicted of or pleads guilty or nolo contendere to any felony or misdemeanor, or who is disciplined by any governmental agency in connection with any other occupational license, shall file with the Department a written report of such conviction or disciplinary action within sixty (60) days of the final judgment or final order in the case. Failure to do so shall be considered grounds for revocation of the appraiser credential.
1.14Complaints. Investigations and Administrative Hearings
A.Enforcement proceedings under this regulation shall be conducted in accordance with R.I. Gen. Laws § 5-20.7-22 and the Department’s Rules of Procedure for Administrative Hearings, Part 10-00-2 of this Title.
B.Complaints. A written complaint alleging an appraiser has violated any provisions of R.I. Gen. Laws Chapter 5-20.7, USPAP, or this Part shall be filed with the Department. Any person may file a complaint with the Department. The Board or the Department may, upon its own motion, file a complaint against a licensed or certified appraiser or a person or entity conducting unlicensed appraisal activity.
C.Investigation of Complaints.
1.Upon receipt of a complaint or upon its own motion, the Board shall review and investigate alleged acts or omissions, which the Board reasonably believes may constitute cause for disciplinary action. To determine if probable cause exists, the Chairperson of the Board shall assign a Board member to review the allegations of the complaint and conduct an investigation.
2.Upon completion of the investigation, the investigator(s) shall prepare and submit to the Board and the Department a written report containing statements of fact and recommendations of the investigator(s). Thereafter, the Board may take one of the following actions by a vote:
a.Request that the matter is further investigated.
b.Provide the appraiser who is the subject of the complaint an opportunity to appear before the Board for an informal discussion regarding the facts and circumstances of the alleged violation. The informal discussion shall constitute a part of the Board’s investigation of the pending disciplinary case. The Board may consider the facts discussed at the informal discussion in the event the matter proceeds to a contested case hearing. The Board may seek to resolve the matter with a consent agreement as a result of the informal discussion.
c.Determine that the investigation does not warrant a finding that there is a basis for disciplinary action and that no probable cause exists to believe violation has occurred, close the case and take no further action.
d.Determine there is probable cause to believe that a violation has occurred and recommend to the Director of the Department that the Department proceed with a contested case hearing or other administrative enforcement action.
1.15Effect of Subsequent Statutory or AQB Changes
A.Any changes in the Rhode Island General Laws pertaining to real estate appraiser certification or licensure or RPAQC, that affect the content, language or intent of this regulation will be deemed adopted by the Department on the date of implementation of the statutory or AQB change.
1.16Severability
A.If any section, term, or provision of this regulation is adjudged invalid for any reason, that judgment will not affect, impair, or invalidate any remaining section, term, or provision, which shall remain in full force and effect.
