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

EMERGENCY RULE

Chapter 9:  LICENSURE AND CERTIFICATION BY ENDORSEMENT

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 9 Licensure and Certification by Endorsement
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.  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. 

HB12-1110 requires applicants for an appraiser’s license or credential to submit a set of fingerprints to the Colorado Bureau of Investigation for the purpose of conducting a state and national fingerprint-based criminal background check.  The effective date of this provision is July 1, 2013. 

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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 include fingerprint-based background checks that will go into effect on July 1, 2013.

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 9:  LICENSURE AND CERTIFICATION BY ENDORSEMENT

9.1 Pursuant to Section 12-61-708(1), C.R.S. (as amended), licensure by endorsement shall be subject to the following restrictions and requirements:
A.  The Board may issue licenses or certifications by endorsement only to those persons holding an active license or certificate from another jurisdiction which is substantially equivalent to those described in Board Rules 1.13, 1.14 or 1.15, with qualification requirements substantially equivalent to those in Board Rules 2.2, 2.3 or 2.4, respectively;
B.  The applicant must be the holder of an active license or certificate in good standing under the laws of another jurisdiction;
C.  The appraiser regulatory program of the jurisdiction where the applicant holds an active license or certificate in good standing must not have been disapproved by the appropriate authority under 12 U.S.C.A., Section 3347, FIRREA;
D.  The applicant must apply for licensure by endorsement on a form provided by the Board, pay the specified fees and meet all other Board requirements, including the submission of a set of fingerprints to the Colorado Bureau of Investigation for the purpose of conducting a state and national fingerprint-based criminal history record check as required by Section 12-61-706(10), C.R.S. (as amended);
E.  The applicant must apply for and be issued by the Board a license or certificate by endorsement prior to undertaking appraisal activities in Colorado that would require licensure in Colorado; and
F.  A license or certificate issued by endorsement shall be subject to the same renewal requirements as a license or certificate issued pursuant to Section 12-61-706, C.R.S. (as amended), and Board Rules Chapters 7 and 8.

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Section 5.	Effective Date

This emergency rule is effective July 1, 2013.