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DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
BOARD OF REAL ESTATE APPRAISERS
4CCR 725-2

EMERGENCY RULE

Chapter 6:  APPLICATION FOR LICENSURE

Pursuant to and in compliance with Title 12, Article 61 and Title 24, Article 4, C.R.S. as amended, notice of emergency rulemaking is hereby given, including notice to the Attorney General of the State of Colorado and to all persons who have requested to be advised of the intention of the Colorado Board of Real Estate Appraisers (the “Board”) to promulgate rules, or to amend, repeal or repeal and re-enact the present rules of the Board.

Section 1.	Statement of Basis and Authority
Section 2. 	Scope and Purpose
Section 3.	Applicability
Section 4. 	Chapter 6 Application for Licensure
Section 5. 	Effective Date

Section 1. 	Statement of Basis and Authority

The statutory basis for the rules titled Rules of the Board of Real Estate Appraisers is Part 7 of Title 12, Article 61, Colorado Revised Statutes, as amended.  

Section 2.	Scope and Purpose

The Colorado Board of Real Estate Appraisers finds that immediate adoption of this emergency rule is imperatively necessary to comply with state law (§12-61-706, C.R.S. Qualifications for appraiser’s license and certification-continuing education) and for the preservation of public health, safety or welfare and that compliance with the rulemaking requirements of § 24-4-103, C.R.S., applicable to non-emergency rules, would be contrary to the public interest.

As a result of the passage of SB13-155, the Registered Appraiser credential has been eliminated from section 12-61-706, C.R.S. as one of the levels of appraiser licensure.  Instead, a new credential type has been created for appraisers employed by County Assessors.  The new credential type is an Ad Valorem License.  Additionally, the moral character standard has been removed from the license requirements for real estate appraisers.  The changes in the law go into effect on July 1, 2013.  It is imperative that the Board of Real Estate Appraisers delete references to the Registered Appraiser credential from its existing rules, and include references to the Ad Valorem License as appropriate.  All licensees possessing the Registered Appraiser credential type will be placed on expired status on July 1, 2013 and will be unable to practice under the Registered Appraiser credential.  Those licensees who possess a Registered Appraiser credential and are employed by County Assessor Offices will be transitioned over to the Ad Valorem License credential on July 1, 2013. It is also imperative that the Board of Real Estate Appraisers eliminate references to good moral character or moral turpitude to ensure compliance with the legislative changes made to the license requirements of 12-61-706, C.R.S.   

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The purpose of this emergency rule is to ensure compliance with Section 12-61-706, C.R.S. The purpose of this emergency rule is also to effectuate the legislative directive to promulgate necessary and appropriate rules for the implementation of part 7 of Title 12, Article 61.

The specific purpose of this emergency rule is to amend the existing rules of the obsolete credential type of Registered Appraiser and to strike references to good moral turpitude.

Without the immediate adoption of this emergency rule, the public’s interest is not served.  Wherefore, the Board of Real Estate Appraisers, pursuant to § 24-4-103(6), C.R.S. has an obvious and stated need to adopt this emergency rule.

Section 3.	Applicability

This emergency rule governs real estate appraisers who are subject to the requirements of Part 7 of Title 12, Article 61 of the Colorado Revised Statutes.

Section 4.      Chapter 6:  Application for Licensure

6.1 An applicant for licensure as a licensed or certified appraiser shall complete all requirements prior to filing the application, including education, experience (if required) and examination.

6.7 Pursuant to Section 12-61-709(1), C.R.S., an applicant who has been convicted of, entered a plea of guilty to, or entered a plea of nolo contendere to a crime, shall file with his or her application an addendum to the application in a form prescribed by the Board.  The Board may also evaluate an applicant’s honesty and truthfulness based on the applicant’s prior plea(s) of guilt, nolo contendere or conviction of a criminal offense. Such addendum shall be supported and documented by, without limitation, the following: 
A.  Court documents, including original charges, disposition, pre-sentencing report and certification of completion of terms of sentence;
B.  Police officer’s report(s);
C.  Probation or parole officer’s report(s);
D. A written personal statement explaining the circumstances surrounding each violation, and including the statement “I have no other violations either past or pending”;
E.  Letters of recommendation; and
F.  Employment history for the preceding five years. 

6.8 Prior to application for licensure, an individual may request that the Board issue a preliminary advisory opinion regarding the possible effect of convictions, pleas of guilt or nolo contendere for criminal offenses, including those offenses that may be indicative of a person’s truthfulness and honesty.  A person requesting such an opinion is not applicant for licensure.  The Board may, at its sole discretion, issue such an opinion, which shall not be binding on the Board or limit the authority of the Board to investigate a later application for licensure.  The issuance of such an opinion shall not prohibit a person from submitting an application for licensure.  A person requesting such an opinion shall do so in a request form prescribed by the Board.  Such request form shall be supported and documented by, without limitation, the following:
A.  Court documents, including original charges, disposition, pre-sentencing report and certification of completion of terms of sentence;
B.  Police officer’s report(s);
C.  Probation or parole officer’s report(s);
D. A written personal statement explaining the circumstances surrounding each violation, and including the statement “I have no other violations either past or pending”;
E.  Letters of recommendation; and
F.  Employment history for the preceding five years. 

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Section 5.	Effective Date

This emergency rule is effective July 1, 2013.