298 Neb. Admin. Code, ch. 2, § 002

Current through September 17, 2024
Section 298-2-002 - EXPERIENCE
002.01 After January 1, 2014, real property appraisal practice experience obtained within the State of Nebraska, or as a resident of the State of Nebraska, for credentialing as a licensed residential, certified residential, or certified general real property appraiser must be acquired as a trainee real property appraiser, registered real property appraiser, licensed residential real property appraiser, certified residential real property appraiser, or certified general real property appraiser. This Section does not apply to participation in a PAREA program.
002.02 At the Board's discretion, up to 50% of the real property appraisal practice experience required for credentialing as a licensed residential, certified residential, or certified general real property appraiser may be obtained in another jurisdiction. This real property appraisal practice experience may be accepted by the Board if the real property appraisal practice experience is compliant with the laws of the jurisdiction in which it was obtained.
002.03 An applicant's hours of real property appraisal practice experience submitted to the Board for review and determination of acceptability shall:
002.03A Demonstrate the applicant's progressive responsibility in the development and reporting of assignment results, which includes analyzing factors that affect value, defining the problem, gathering and analyzing data, applying the appropriate analysis and methodology, arriving at an opinion, and correctly reporting the opinion; and
002.03B Be completed in compliance with the Uniform Standards of Professional Appraisal Practice.
002.04 An applicant must provide significant real property appraisal practice assistance for real property appraisal practice experience credit to be awarded. An applicant may apply his or her signature, along with the signature of the supervisory real property appraiser in the case that the applicant is a trainee real property appraiser, or the real property appraiser-in-charge in the case that the applicant is a licensed residential real property appraiser or a certified residential real property appraiser if applicable, to the appraisal certification; or the applicant must be given attribution in the assignment results report, which includes a description of the applicant's significant real property appraisal practice assistance.
002.05 Real property appraisal practice experience hours obtained in any manner considered exempt from the Real Property Appraiser Act per NEB. REV. STAT. § 76-2221 will not be credited to the applicant, unless the applicant and the supervisory real property appraiser in the case that the applicant is a trainee real property appraiser, or the real property appraiser-in-charge in the case that the applicant is a licensed residential real property appraiser or a certified residential real property appraiser if applicable, verifies that said real property appraisal practice experience is compliant with the Uniform Standards of Professional Appraisal Practice.
002.06 There need not be a client in a traditional sense (i.e., a client hiring a real property appraiser for a business purpose) in order for an assignment results report to qualify for real property appraisal practice experience. A practicum course approved by The Appraisal Foundation's Appraiser Qualifications Board's Course Approval Program may satisfy the non-traditional client real property appraisal practice experience requirement. Experience credit shall be granted for the actual classroom hours of instruction and hours of documented research and analysis as awarded from the practicum course approval process.
002.07 Real property appraisal practice experience submitted to the Board for review and determination of acceptability may include no more than an aggregate maximum of 25% of the total number of real property appraisal practice experience hours in the following areas or a combination from the following areas:
(1) mass appraisal,
(2) appraisal review,
(3) appraisal consulting, or
(4) restricted appraisal reports.
002.08 Pursuant to NEB. REV. STAT. §§ 76-2230(1)(d), 76-2231.01(1)(e), and 76-2232(1)(e), an applicant for the licensed residential, certified residential, or certified general real property appraiser credential may provide a document of completion evidencing the successful completion of a PAREA program.
002.08A A document evidencing the successful completion of a PAREA program must include the name of PAREA program provider, evidence that PAREA program is approved by the Appraiser Qualifications Board, indicate that the type of PAREA program completed is either the licensed residential or the certified residential program, the name of the applicant, and a statement that the applicant successfully completed the PAREA program.
002.08B Except for hours of experience required to be in nonresidential appraisal work in NEB. REV. STAT. § 76-2232(1)(e)(i), the following real property appraisal practice experience credit will be awarded for the successful completion of a PAREA program:
002.08B.1 For a licensed residential PAREA program, 100% of hours of experience required in NEB. REV. STAT. § 76-2230(1)(d)(i); 67% of the hours of experience required in NEB. REV. STAT. § 76-2231.01(1)(e)(i); and 33% of the hours of experience required in NEB. REV. STAT. § 76-2232(1)(e)(i).
002.08B.2 For a certified residential PAREA program, 100% of hours of experience required in NEB. REV. STAT. § 76-2230(1)(d)(i); 100% of the hours of experience required in NEB. REV. STAT. § 76-2231.01(1)(e)(i); and 50% of the hours of experience required in NEB. REV. STAT. § 76-2232(1)(e)(i).
002.09 Each applicant for the licensed residential, certified residential, or certified general real property appraiser credential will furnish a log of his or her most recent real property appraisal practice experience claimed on a form approved by the Board.
002.09A The real property appraisal practice experience must be in chronological order on the log, and include an applicant signature, and the signature of the supervisory real property appraiser in the case that the applicant is a trainee real property appraiser, or the signature of the real property appraiser-in-charge in the case that the applicant is a licensed residential real property appraiser or certified residential real property appraiser if applicable, on each page. At a minimum, the real property appraisal practice experience log shall identify the following:
(1) The date the assignment results report was signed,
(2) Name of client and property identification, which includes a legal description or address,
(3) Description of real property appraisal practice as performed by the applicant,
(4) Scope of supervisory real property appraiser review in the case that the applicant is a trainee real property appraiser, or the scope of review of the real property appraiser-in-charge in the case that the applicant is a licensed residential real property appraiser or certified residential real property appraiser if applicable,
(5) Type of property,
(6) Type of report,
(7) Approaches to value utilized,
(8) Verification that assignment results are compliant with the Uniform Standards of Professional Appraisal Practice,
(9) Verification that the assignment results report was for a traditional client or non-traditional client, and
(10) Number of hours worked by the applicant, and supervisory real property appraiser or real property appraiser-in-charge if applicable.
002.09B The real property appraisal practice experience log format in effect at the time application is made to the Board will be accepted, as well as any previously approved experience log formats in effect at the time the real property appraisal practice experience was obtained and recorded. All real property appraisal practice experience requirements in place at the time application is made to the Board are applicable regardless of the real property appraisal practice experience log format submitted.
002.09C A separate real property appraisal practice log shall be maintained by a trainee real property appraiser for each of his/her board-designated supervisory real property appraisers. It is the responsibility of both the supervisory real property appraiser and the trainee real property appraiser to ensure the log is accurate, current, and complies with the requirements of the Act and this Title. When the trainee real property appraiser is under the direct supervision of more than one supervisory real property appraiser while engaged in real property appraisal practice for an assignment, each log shall reflect the specific number of hours and description of work performed in that real property appraisal practice assignment with each supervisory real property appraiser.
002.10 A trainee real property appraiser is entitled to obtain copies of reports he or she has prepared and workfiles for those reports. The supervisory real property appraiser shall keep copies of reports for a period of five years, or at least two years after the final disposition of any judicial proceedings in which the real property appraiser provided testimony related to the real property appraisal practice assignment, whichever period expires last.
002.11 Pursuant to NEB. REV. STAT. §§ 76-2230(1)(d)(i), 76-2231.01(1)(e)(i), and 76-2232(1)(e)(i), the aggregate number of real property appraisal practice experience hours considered for evaluation includes those hours reported on each real property appraisal practice experience log submitted by the applicant beginning at the log entry indicating the earliest date on which real property appraisal practice experience was obtained and ending on the date the application for credentialing as a licensed residential, certified residential, or certified general real property appraiser was signed by the applicant.
002.12 If the real property appraisal practice experience log submitted by the applicant is accepted, a representative sampling of real property appraisal practice experience submitted by the applicant on his or her real property appraisal practice experience log will be evaluated to determine if the real property appraisal practice experience meets the requirements of the Act and this Chapter.
002.12A A minimum of three reports will be selected from the real property appraisal practice experience log for review to qualify the real property appraisal practice experience. The following additional criteria are applied to the report selection for each level of credential:
002.12A.1 To qualify the real property appraisal practice experience of an applicant for the licensed residential real property appraiser credential, a minimum of three reports related to residential property will be selected.
002.12A.2 To qualify the real property appraisal practice experience of an applicant for the certified residential real property appraiser credential, a minimum of one report related to a two-to-four unit residential property, one report related to a residential property 0 to 20 years old, and one report related to a residential property 20 years or older will be selected. Two selected reports will include at least two approaches to value.
002.12A.3 To qualify the real property appraisal practice experience of an applicant for the certified general real property appraiser credential, a minimum of three reports related to income producing properties will be selected. Two selected reports will include all three approaches to value.
002.12B The applicant will be notified of the selected reports in writing, and will have 10 business days from the date of receipt of the notification to submit a true and accurate copy of each report to the Board's office.
002.12C At least one of the three requested reports will be, at a minimum, reviewed for conformity with the Uniform Standards of Professional Appraisal Practice. The Board may enter into a contract with a qualified disinterested third party certified real property appraiser for completion of an appraisal review assignment on any of the requested reports at no cost to the applicant.
002.13 Upon the receipt of appraisal review assignment results provided by one or more third party certified real property appraisers under contract with the Board, and the findings of the appraisal review assignment results are found to be null or insignificant by the director, an applicant's real property appraisal practice experience will be reviewed by a subcommittee consisting of two board members established by the director for determination as to whether the applicant's real property appraisal practice experience is acceptable in accordance with the Act and this Chapter.
002.13A If the subcommittee finds that the applicant's real property appraisal practice experience meets the requirements of the Act and this Chapter, the subcommittee will notify the director of its decision. The subcommittee may authorize the director to notify the applicant of any appraisal review assignment results and issue a written advisory regarding any appraisal review assignment results.
002.13B If the subcommittee finds that the applicant may not meet one or more of the requirements of the Act or this Chapter, the application shall be placed before the Board for consideration.
002.14 If the Board determines an applicant may not meet the real property appraisal practice experience requirements, the applicant will be notified in writing. The Board may, at its discretion, request a written response from the applicant to the Board's findings as to the applicant's real property appraisal practice experience and/or invite the applicant to meet to discuss any deficiencies found in the report(s). Upon conclusion of the meeting, the Board may re-evaluate the applicant's real property appraisal practice experience.
002.14A If the applicant's real property appraisal practice experience is not acceptable to the Board, the Board may, at its own discretion, require the applicant to obtain additional education, and/or submit one or more supplemental real property appraisal practice experience logs with additional hours of real property appraisal practice experience, and/or submit one or more additional reports.
002.14A.1 If the Board requires the completion of additional education, the applicant will be notified of the conditions for the additional education in writing.
002.14A.2 If the Board requires the submission of one or more supplemental real property appraisal practice experience logs, the applicant will be notified of the conditions for the supplemental log(s) in writing. The Board may select a representative sampling of one or more additional report(s) for review from any supplemental log requested by the Board to qualify the real property appraisal practice experience. If the Board selects any additional report(s) from a supplemental log:
002.14A.2a The applicant will be notified of the Board selected report(s) in writing, and will have 10 business days from the date of receipt of the notification to submit a true copy of each report to the Board's office. The Board may require the applicant to submit additional details or to submit additional reports or file memoranda prepared by the applicant.
002.14A.2b Each additional report requested by the Board will be, at a minimum, reviewed for conformity with the Uniform Standards of Professional Appraisal Practice. At the Board's discretion, the Board may enter into a contract with a qualified disinterested third party certified real property appraiser for completion of an appraisal review assignment on any of the requested reports to assist the Board with its review. The applicant is responsible for any costs incurred by the Board for such review.
002.14A.3 If the Board requires submission of one or more additional reports, the applicant will be notified of the conditions for the additional report(s) in writing:
002.14A.3a Upon receipt of the requested report(s), the Board may require the applicant to submit additional details or to submit additional reports or file memoranda prepared by the applicant.
002.14A.3b Each additional report requested by the Board will be, at a minimum, reviewed for conformity with the Uniform Standards of Professional Appraisal Practice. At the Board's discretion, the Board may enter into a contract with a qualified disinterested third party certified real property appraiser for completion of an appraisal review assignment on any of the requested reports to assist the Board with its review. The applicant is responsible for any costs incurred by the Board for such review.
002.14B If the applicant's real property appraisal practice experience is not acceptable upon review of the additional education, supplemental real property appraisal practice experience log(s), and/or additional report(s), the Board may deny the application.
002.15 Verification of the applicant's real property appraisal practice experience may be obtained from other persons as needed, and the applicant may be required to submit additional details, reports or file memoranda.
002.16 When making a determination that an applicant may or may not meet the applicable real property appraisal practice experience requirements all information received will be considered, including but not limited to real property appraisal practice experience logs, appraisal review reports, reports submitted by the applicant, any written responses received, any other details or file memoranda, any subsequent education requested by the Board to be completed by the applicant, and any information obtained during an informal meeting between the Board or its representative(s) and the applicant. An appraisal review report completed to assist the Board with its evaluation of the applicant's experience is not the sole factor in the Board's decision, but a tool utilized by the Board to assist with its decision.

298 Neb. Admin. Code, ch. 2, § 002

Amended effective 4/10/2019
Amended effective 12/16/2020
Amended effective 12/21/2021
Amended effective 6/5/2023