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DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
NOTICE OF PROPOSED RULEMAKING
The Director of the Department of Consumer and Regulatory Affairs, pursuant to the authority set forth in D.C. Official Code §§ 47-2853.10(a)(11) and (12) (2005 Repl.) and Mayor’s Order 2000-70, dated May 2, 2000, hereby gives notice of the intent to adopt, in not less than thirty (30) days from the date of publication of this notice in the D.C. Register, amendments to Chapter 23 (Real Estate Appraisers) of Title 17 (Business, Occupations, and Professions) of the District of Columbia Municipal Regulations.
This proposed rulemaking would amend the continuing education requirements for renewal of an appraiser trainee license, amend the eligibility standards for licensees seeking to serve as a supervising appraiser, and establish a new standard for reciprocal licensure.
This rulemaking is necessitated by a notification from the Appraisal Subcommittee (ASC) of the Federal Financial Institutions Examination Council that the District must update its real estate appraiser professional license regulations to reflect upcoming changes to industry standards pursuant to the Dodd–Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203; H.R. 4173).
The ASC was established to provide oversight of the real estate appraisal process as it relates to federally-related real estate transactions, and it oversees the appraiser regulatory programs established by the states, territories, and the District of Columbia. If the District’s appraisal policies and practices were found to be inconsistent with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) (12 U.S.C. §§ 3331-3351), the District’s real estate appraisal licensure program could be subject to de-recognition by the ASC. In such an event, the ASC and all agencies, instrumentalities, and federally-recognized entities under FIRREA would be barred from recognizing the District’s appraiser certifications and licenses.
Title 17, BUSINESS, OCCUPATIONS, AND PROFESSIONS, Chapter 23, REAL ESTATE APPRAISERS, of the District of Columbia Municipal Regulations is amended as follows:
Section 2305, LICENSE BY RECIPROCITY OR ENDORSEMENT, is amended as follows:
Subsection 2305.1 is amended to read as follows:
2305.1 An applicant for a license or certificate by reciprocity shall furnish proof satisfactory to the Board that the applicant is licensed or certified and in good standing under the laws of another State or U.S. territory which the Appraisal Subcommittee deems to be in compliance with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. §§ 3331-3351).
Section 2310, CONTINUING EDUCATION REQUIREMENTS, is amended to read as follows:
Subsection 2310.2 is amended to read as follows:
2310.2 An applicant for renewal or reinstatement of a real estate appraiser license, or renewal of an appraiser trainee license shall be required to satisfactorily complete continuing education courses according to the following schedule:
(a) Applicants obtaining a license one hundred eighty-five (185) days or less from the renewal date required by the license cycle are not required to complete any hours of continuing education for that license cycle;
(b) Applicants obtaining a license during the last twelve (12) months of a license cycle, but before the one hundred eighty-five (185) day period must complete fourteen (14) hours of continuing education for that license cycle;
(c) All other licensees must complete the full twenty-eight (28) hours of continuing education for the license cycle; and
(d) All licensees must complete the seven- (7-) hour National USPAP Update Course as part of the twenty-eight (28) hours of continuing education.
Section 2323, APPRAISER TRAINEE, is amended to read as follows:
Subsection 2323.4 is amended to read as follows:
2323.4 The appraiser trainee is subject to direct supervision by a supervising Certified Residential Real Property Appraiser or a Certified General Real Property Appraiser licensed in the District. The supervising appraiser shall be in good standing, and shall not have been subject to any disciplinary action that impacted his or her ability to lawfully engage in appraisal practice within the last two (2) years.
Subsection 2323.8 is amended to read as follows:
2323.8 An applicant for renewal of an appraiser trainee license shall submit proof of having completed all continuing education credits required pursuant to § 2310.2 of this chapter.
All persons desiring to comment on these proposed regulations should submit written comments in to Helder Gil, Legislative Affairs Specialist, Department of Consumer and Regulatory Affairs, 1100 Fourth Street, S.W., Room 5164, Washington, D.C. 20024, or by e-mail to helder.gil@dc.gov, not later than thirty (30) days after publication of this notice in the D.C. Register. Copies of the proposed rules can be obtained from the address listed above. A copy fee of one dollar ($1.00) will be charged for each copy of the proposed rules requested. Free copies are available on the DCRA website at http://dcra.dc.gov by going to the “About DCRA” tab, clicking “News Room”, and clicking on “Rulemaking”.
