NAC: CHAPTER 645C - APPRAISERS OF REAL ESTATE AND APPRAISAL MANAGEMENT COMPANIES

[Rev. 11/28/2017 2:32:30 PM]

[NAC-645C Revised Date: 11-17]

CHAPTER 645C - APPRAISERS OF REAL ESTATE AND APPRAISAL MANAGEMENT COMPANIES

GENERAL PROVISIONS

645C.005 Definitions.

645C.0055 “Administrator” defined.

645C.006 “Advisory committee” defined.

645C.0065 “Commission” defined.

645C.007 “Distance education course” defined.

645C.0075 “Division” defined.

645C.0085 “Sponsor” defined.

645C.009 “Supervisory appraiser” defined.

645C.0095 “USPAP” defined.

645C.010 “Appraiser” excludes certain persons.

645C.025 Severability of provisions.

645C.026 Division may provide information concerning certain courses on website created and maintained pursuant to NRS 645C.390.

ADMINISTRATION

645C.030 Authority of Administrator concerning regulations.

645C.035 Inspections by Division.

645C.040 Confidentiality of records of Division.

645C.045 Disclosure of disciplinary action or denial of application for license as appraiser or registration as appraisal management company.

APPRAISERS OF REAL ESTATE

Licensing and Certification

645C.050 Application for license or certificate: Required information; period of validity.

645C.055 Application for license or certificate: Personal completion required.

645C.057 Application for certificate, license or registration card: Fees.

645C.060 Requirement of minimum age.

645C.065 Requirement of experience; burden of proof.

645C.068 Requirement for registered intern to attend meetings of Commission.

645C.080 Examinations: Types; passing score; contents; required education and experience.

645C.085 Examinations: Length; disclosure.

645C.090 Examinations: Collection and amount of fee.

645C.095 Examinations: Application for reexamination; period for acceptance of results.

645C.100 Examinations: Use of aids; obeying of instructions.

645C.103 Issuance of certificate, license, registration or permit without examination.

645C.104 Permit: Qualifications of applicant.

645C.1042 Permit: Application.

645C.1044 Permit: Issuance; return of application.

645C.1046 Permit: Limitations; expiration.

645C.105 Change of employer, name or status.

645C.106 Inactive status: Placement; annual renewal of license or certificate required.

645C.1065 Inactive status: Requirements for reinstatement.

645C.107 Cancellation of license, certificate or registration card for failure to report change of address or termination of association.

Supervision of Interns

645C.108 Qualifications for supervisory appraiser; requirements for inspection of property by intern.

645C.110 Duties of supervisory appraiser when intern resigns, fails to renew registration card or is discharged.

645C.115 Failure of supervisory appraiser to renew certificate.

645C.118 Termination of certificate of supervisory appraiser.

645C.120 Reporting on experience of intern; maintenance of log by intern; access of intern to appraisal.

Education to Obtain License or Certificate

645C.200 “School” defined.

645C.205 Approval of certain schools required; application for approval.

645C.210 Conditions of approval of school.

645C.215 Educational requirements for approved school.

645C.220 Denial of approval of course; withdrawal of approval of school or course.

645C.223 Approval of course; annual renewal of approval; grounds for withdrawal of approval.

645C.225 Approved schools: Advertising.

645C.230 Approved schools: Instructors.

645C.231 Qualifications of instructor to teach National USPAP Course and National USPAP Update Course.

645C.232 Revocation of approval of instructor; notice; appeal; hearing.

645C.235 Licensure as residential appraiser: Required instruction and higher education.

645C.237 Certification as residential appraiser: Required instruction and higher education.

645C.240 Certification as general appraiser: Required instruction and higher education.

645C.243 Registration as intern: Required instruction.

645C.244 Required instruction: Content of courses.

645C.2445 Required instruction: Professional qualifications and responsibilities.

645C.245 Acceptability of courses designed to fulfill educational requirements.

645C.248 Approval of distance education course.

645C.250 Unacceptable courses.

645C.255 Restrictions on disclosure of examinations to persons associated with school.

645C.260 Notice of changes in school; annual renewal of approval.

Continuing Education

645C.300 Requirements for renewal of active registration, license or certificate and reinstatement of inactive license or certificate.

645C.302 Requirements for renewal of registration as intern; failure to renew.

645C.303 Verification of information concerning credits for continuing education via website created and maintained pursuant to NRS 645C.390.

645C.305 Standards for courses.

645C.310 Unacceptable courses and activities.

645C.315 Approval of distance education course or course given in Nevada; proof of attendance.

645C.317 Approval of course provided out of State.

645C.320 Audit of course; period of approval; reapproval; withdrawal of approval.

645C.322 Withdrawal of approval of course after audit.

645C.325 Duties of sponsors: Generally.

645C.326 Duties of sponsors: Electronic submission of information regarding completion of course.

645C.330 Qualifications of instructors.

645C.332 Withdrawal of approval of instructor.

645C.340 Contents of advertising, promotional brochure or form for registration for course.

645C.345 Requirements for receipt of credit.

645C.350 Allowable hours of credit.

645C.355 Credit for attending meeting of Commission.

APPRAISAL MANAGEMENT COMPANIES

645C.370 Definitions.

645C.371 “Branch office” defined.

645C.373 “Principal office” defined.

645C.375 Applicability: Assignment of more than nine appraisals annually to independent contractors in this State.

645C.377 Application for initial registration.

645C.379 Application for renewal of registration.

645C.381 Application fees.

645C.383 Registration of branch office expires on same day as registration of appraisal management company.

645C.385 Notification of change of address of principal office or branch office; cancellation of registration for failure to report.

645C.387 Appraisal management company to establish process to review work of independent contractors.

645C.389 Disclosure of money paid to appraiser and retained by appraisal management company.

645C.391 Notice to Division of location of records; record of requests for appraisal services.

STANDARDS OF PRACTICE

645C.400 Adoption of professional standards by reference; review of revisions.

645C.405 Determination of unprofessional conduct or professional incompetence of licensed or certified appraiser or registered intern.

645C.415 Advertising.

645C.425 Disclosure of status in transactions concerning real property.

645C.430 Maintenance and inspection of records.

645C.440 Cooperation in inspections and audits.

645C.450 Correction of deficiencies: Notice; time; failure to comply.

PRACTICE BEFORE THE COMMISSION OF APPRAISERS OF REAL ESTATE

645C.475 Petitions to adopt, file, amend or repeal regulations.

645C.480 Form for citizens’ complaints; investigations; procedure following investigation.

645C.485 Amendment and withdrawal of complaints.

645C.490 Motions.

645C.493 Submission or exclusion of documentary evidence of respondent.

645C.497 Rules of evidence.

645C.500 Hearings: Procedure; date of decision; default.

645C.502 Hearings: Failure of party to appear.

645C.505 Hearings: Procedures for rehearings.

645C.510 Hearings: Continuances.

ADVISORY COMMITTEE

645C.600 Establishment; appointment, rights and duties of members.

645C.610 Duties of committee; action by Administrator.

645C.620 Informal conference: Notification; procedure; report to Administrator.

DISCIPLINARY ACTION

645C.700 Grounds for denial of application; appeal of denial.

645C.705 Loss of license or certificate or registration as appraisal management company.

645C.710 Disciplinary action for dishonor of instrument.

GENERAL PROVISIONS

NAC 645C.005 Definitions. (NRS 645C.210) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 645C.0055 to 645C.0095, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A by R119-00, 9-25-2000; R100-03, 1-30-2004; R158-05, 9-18-2006)

NAC 645C.0055 “Administrator” defined. (NRS 645C.210) “Administrator” means the Real Estate Administrator.

(Added to NAC by Comm’n of Appraisers of Real Estate by R119-00, eff. 9-25-2000)

NAC 645C.006 “Advisory committee” defined. (NRS 645C.210) “Advisory committee” means an advisory committee established pursuant to NAC 645C.600.

(Added to NAC by Comm’n of Appraisers of Real Estate by R119-00, eff. 9-25-2000)

NAC 645C.0065 “Commission” defined. (NRS 645C.210) “Commission” means the Commission of Appraisers of Real Estate.

(Added to NAC by Comm’n of Appraisers of Real Estate by R119-00, eff. 9-25-2000)

NAC 645C.007 “Distance education course” defined. (NRS 645C.210) “Distance education course” means a course of instruction in which the pupil receives instruction at a location at which the instructor is not physically present. Such a course may include, without limitation, instruction provided via CD-ROM, the Internet or videoconference.

(Added to NAC by Comm’n of Appraisers of Real Estate by R119-00, eff. 9-25-2000)

NAC 645C.0075 “Division” defined. (NRS 645C.210) “Division” means the Real Estate Division of the Department of Business and Industry.

(Added to NAC by Comm’n of Appraisers of Real Estate by R119-00, eff. 9-25-2000)

NAC 645C.0085 “Sponsor” defined. (NRS 645C.210) “Sponsor” means a person or governmental entity who offers or conducts a course which satisfies the educational requirements, if any, for the issuance of a license, certificate, permit or registration card or a course which satisfies the continuing education requirements set forth in NAC 645C.300 and 645C.302.

(Added to NAC by Comm’n of Appraisers of Real Estate by R103-10, eff. 12-16-2010)

NAC 645C.009 “Supervisory appraiser” defined. (NRS 645C.210) “Supervisory appraiser” means a certified residential appraiser or certified general appraiser who directly supervises a registered intern.

(Added to NAC by Comm’n of Appraisers of Real Estate by R100-03, eff. 1-30-2004)

NAC 645C.0095 “USPAP” defined. (NRS 645C.210) “USPAP” means the Uniform Standards of Professional Appraisal Practice as adopted by reference pursuant to NAC 645C.400.

(Added to NAC by Comm’n of Appraisers of Real Estate by R158-05, eff. 9-18-2006)

NAC 645C.010 “Appraiser” excludes certain persons. (NRS 645C.210) For the purposes of this chapter and chapter 645C of NRS, the term “appraiser” does not include any person who estimates the value of extractable natural resources, whether such resources are renewable or nonrenewable.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90)

NAC 645C.025 Severability of provisions. (NRS 645C.210) If any provision of this chapter or the application thereof to any person, thing or circumstance is held invalid, such invalidity does not affect the provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90)

NAC 645C.026 Division may provide information concerning certain courses on website created and maintained pursuant to NRS 645C.390. (NRS 645C.210, 645C.220) On the website created and maintained pursuant to NRS 645C.390, the Division may provide information concerning courses which satisfy the educational requirements, if any, for the issuance of a license, certificate, permit or registration card and courses which satisfy the continuing education requirements set forth in NAC 645C.300 and 645C.302. The information may include, without limitation:

1. The name of each sponsor of a course;

2. Whether a course satisfies the educational requirements for the issuance of a license, permit, certificate or registration card or the continuing education requirements set forth in NAC 645C.300 and 645C.302;

3. Whether the Commission has approved a course; and

4. If a course has been approved by the Commission:

(a) The course number assigned by the Division;

(b) The title of the course and the name of the sponsor of the course;

(d) The number of hours of credit for which the Commission has approved the course; and

(e) The manner in which the instruction of the course will be delivered.

(Added to NAC by Comm’n of Appraisers of Real Estate by R103-10, eff. 12-16-2010)

ADMINISTRATION

NAC 645C.030 Authority of Administrator concerning regulations. (NRS 645C.210) Except for the authority to adopt regulations, the Commission hereby authorizes the Administrator to:

1. Draft proposed regulations to carry out the provisions of chapter 645C of NRS;

2. Carry out the process of adopting those regulations as set forth in chapter 233B of NRS; and

3. Hold public hearings on behalf of the Commission pertaining to those proposed regulations.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90) — (Substituted in revision for NAC 645C.020)

NAC 645C.035 Inspections by Division. (NRS 645C.210)

1. The Division may use a form of its design to conduct any inspection and require the appraiser or office manager in charge of the office being inspected to sign such a form.

2. An inspection must include, but need not be limited to:

(a) The address of the appraisal office.

(b) The indexing or numbering system used in filing records.

(d) The availability of current statutes and regulations at the place of business.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91) — (Substituted in revision for NAC 645C.435)

NAC 645C.040 Confidentiality of records of Division. (NRS 645C.210, 645C.220) The Division will, unless otherwise ordered by a court, keep confidential:

1. The criminal or financial records of an appraiser, appraisal management company or intern or an applicant for a certificate, license, registration as an appraisal management company or registration card;

2. The examination and the results of the examination for a certificate or license; and

3. The social security number of an appraiser, a natural person registered as an appraisal management company or an intern or an applicant for a certificate, license, registration as an appraisal management company or registration card, except when reporting information concerning an appraiser, appraisal management company, intern or applicant to the National Registry of the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

(Added to NAC by Comm’n of Appraisers of Real Estate by R100-03, eff. 1-30-2004; A by R091-09, 4-20-2010)

NAC 645C.045 Disclosure of disciplinary action or denial of application for license as appraiser or registration as appraisal management company. (NRS 645C.210) The Commission may report any disciplinary action it takes against a licensee or a person registered as an appraisal management company or any denial of an application for a license or a registration as an appraisal management company to:

1. Any national repository which records disciplinary action taken against licensees;

2. Any agency of another state which regulates appraisal management companies or the practice of the appraisal of real estate; or

3. Any agency or board of the State of Nevada.

(Added to NAC by Comm’n of Appraisers of Real Estate by R100-03, eff. 1-30-2004; A by R091-09, 4-20-2010)

APPRAISERS OF REAL ESTATE

Licensing and Certification

NAC 645C.050 Application for license or certificate: Required information; period of validity. (NRS 645C.210, 645C.290, 645C.300)

1. The application for a license or certificate as an appraiser provided by the Division requires the following information:

(a) The name of the applicant;

(b) The social security number of the applicant;

(d) The information required of the applicant pursuant to NRS 645C.290; and

(e) Such other pertinent information as the Division may require.

Ê The application must be accompanied by a completed fingerprint card.

2. An application form is valid for only 1 year after the date of filing. The Division may require that a supplemental form be completed by an applicant to ensure that all required information is current.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R017-98, 10-23-98; R100-03, 1-30-2004)

NAC 645C.055 Application for license or certificate: Personal completion required. (NRS 645C.210) Each application for a license or certificate as an appraiser must be completed personally by the applicant. Members of the Commission or employees of the Division shall not help a person prepare his or her application.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91)

NAC 645C.057 Application for certificate, license or registration card: Fees. (NRS 645C.210, 645C.300)

1. At the time an applicant submits an application for a certificate, license or registration card, the Division shall collect:

(a) An application fee; and

(b) A fee for the issuance of the certificate, license or registration card specified in the application.

2. The application fee is nonrefundable. If the Division rejects an application, it shall refund the fee submitted for the issuance of the certificate, license or registration card.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 8-4-94)

NAC 645C.060 Requirement of minimum age. (NRS 645C.210) The Administrator shall not:

1. Accept any application for a license or certificate as an appraiser or registration card as an intern from a person under 17 years of age; or

2. Issue a license, certificate or registration card to a person under 18 years of age.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91)

NAC 645C.065 Requirement of experience; burden of proof. (NRS 645C.210, 645C.330)

1. For the purpose of subsection 1 of NRS 645C.330, “at least 2 years of experience working full-time” means experience gained as an appraiser or while in the employment of a certified appraiser as an intern for at least 2,400 hours during a period not less than 2 years before applying for a license. An applicant may not apply for a license until at least 2 years after he or she commenced working as an appraiser or intern. The applicant need not have worked exclusively as an appraiser or intern during the period of employment and need not have worked a specific minimum number of hours in the workday.

2. For the purpose of subsection 2 of NRS 645C.330, “at least 2 years of experience working full-time” means experience gained as an appraiser or while in the employment of a certified appraiser as an intern for at least 2,500 hours during a period not less than 2 years before applying for a certificate. An applicant may not apply for a certificate until at least 2 years after he or she commenced working as an appraiser or intern. The applicant need not have worked exclusively as an appraiser or intern during the period of employment and need not have worked a specific minimum number of hours in the workday. Not less than 500 hours of those 2,500 hours must relate to the appraisal of complex property as defined in NRS 645C.055.

3. For the purpose of subsection 3 of NRS 645C.330, “at least 3 years of experience working full-time” means experience gained as an appraiser or while in the employment of a certified appraiser as an intern for at least 3,600 hours during a period not less than 3 years before applying for a certificate. An applicant may not apply for a certificate until at least 3 years after he or she commenced working as an appraiser or intern. The applicant need not have worked exclusively as an appraiser or intern during the period of employment and need not have worked a specific minimum number of hours in the workday. Not less than 1,500 hours of those 3,600 hours must relate to the appraisal of commercial real estate or real estate suitable for or consisting of more than four residential units in any one transaction.

4. Experience gained as an appraiser or while in the employment of a certified appraiser as an intern must:

(a) Be obtained after January 30, 1989;

(b) Be in compliance with USPAP; and

(c) Demonstrate the applicant’s ability to employ correctly the generally accepted techniques that are necessary to produce a credible appraisal.

5. The burden of proof is on the applicant to establish to the satisfaction of the Division that he or she has completed the number of hours of experience required by this section. To meet his or her burden of proof, an applicant may submit:

(a) For work accomplished in Nevada after January 1, 1990, the form required by NAC 645C.120;

(b) A log similar to the form required by NAC 645C.120; or

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; 8-4-94; R036-00, 5-4-2000; R100-03, 1-30-2004; R064-07, 1-30-2008)

NAC 645C.068 Requirement for registered intern to attend meetings of Commission. (NRS 645C.210) A registered intern must attend at least 6 hours of meetings of the Commission before he or she may apply for a license or certificate. The Commission will certify to the attendance of the registered intern.

(Added to NAC by Comm’n of Appraisers of Real Estate by R158-05, eff. 9-18-2006)

NAC 645C.080 Examinations: Types; passing score; contents; required education and experience. (NRS 645C.210)

1. Separate examinations will be given for licensure as a residential appraiser, certification as a residential appraiser and certification as a general appraiser.

2. A scale score of 75 must be achieved to pass either test.

3. Each of the examinations will consist of questions covering the subjects listed in NAC 645C.235, 645C.237 and 645C.240.

4. An applicant must complete the education and experience required by NRS 645C.330 and the regulations adopted pursuant thereto before taking the examination.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R011-13, 6-23-2014)

NAC 645C.085 Examinations: Length; disclosure. (NRS 645C.210)

1. The examination for a license or certificate as an appraiser will be at least 3 hours. The times may be different for the examination for certification of general appraisers, licensure of residential appraisers and certification of residential appraisers.

2. Examinations must not be made public except as otherwise provided by statute or regulation.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R036-00, 5-4-2000; R100-03, 1-30-2004)

NAC 645C.090 Examinations: Collection and amount of fee. (NRS 645C.210, 645C.450)

1. The agency which administers an examination for a license or certificate as an appraiser shall collect the fee for the examination.

2. The fee for an examination for a license or certificate as an appraiser is $100.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; 8-4-94; A by Real Estate Div. by R119-01, 12-17-2001; A by Comm’n of Appraisers of Real Estate by R100-03, 1-30-2004)

NAC 645C.095 Examinations: Application for reexamination; period for acceptance of results. (NRS 645C.210)

1. An applicant for a license or certificate as an appraiser who fails an examination may apply for reexamination.

2. The Division will only accept results of an examination taken during the year immediately preceding the date of the application for a license or certificate.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004)

NAC 645C.100 Examinations: Use of aids; obeying of instructions. (NRS 645C.210)

1. An application for a license or certificate as an appraiser will be denied or the results of an examination will be invalidated, or both, if the applicant:

(a) Uses or possesses any unfair methods or notes during the examination;

(b) Gives or receives aid of any kind during the examination; or

2. Silent, cordless, electronic calculators may be used by the applicants during the examination.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91)

NAC 645C.103 Issuance of certificate, license, registration or permit without examination. (NRS 645C.210, 645C.360)

1. For the purpose of subsection 1 of NRS 645C.360, the Commission will consider the requirements for the certificate, license, registration or permit issued in another jurisdiction to be substantially equivalent to the requirements of this State if:

(a) The requirements of the other jurisdiction meet or exceed the requirements adopted by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council; and

(b) The Appraisal Subcommittee of the Federal Financial Institutions Examination Council has not disapproved the regulatory program to which the requirements of the other jurisdiction apply.

2. An applicant for a permit who requests waiver of the examination pursuant to NRS 645C.360 must comply with NRS 645C.330 and:

(a) NAC 645C.235, if the applicant is applying for a permit as a licensed residential appraiser;

(b) NAC 645C.237, if the applicant is applying for a permit as a certified residential appraiser; or

3. Before the Administrator may issue a permit, the applicant must affirm, on a form provided by the Division, that he or she has read and understands the provisions of this chapter and chapter 645C of NRS.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 5-27-92; A by R100-03, 1-30-2004)

NAC 645C.104 Permit: Qualifications of applicant. (NRS 645C.210, 645C.363)

1. To apply for a permit issued pursuant to NRS 645C.363, a person must hold a current license or certificate issued by another state or territory of the United States or the District of Columbia and be in good standing with the authority which issued the license or certificate.

2. The Division shall not issue a permit to a person:

(a) Whose license or certificate is revoked or suspended by the licensing authority of another jurisdiction; or

(b) Who has failed to fulfill any penalties imposed by the licensing authority of another jurisdiction,

Ê at the time the person applies for a permit.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 8-4-94)

NAC 645C.1042 Permit: Application. (NRS 645C.210, 645C.363) An applicant for a permit issued pursuant to NRS 645C.363 must submit to the Division:

1. A written application on a form provided by the Division.

2. The applicable fee prescribed by NRS 645C.450. The fee is nonrefundable.

3. A letter or other documentation which:

(a) Identifies the client who is requesting the appraisal;

(b) Describes the property to be appraised; and

4. A photocopy of the current license or certificate held by the applicant, unless the issuing authority prohibits the photocopying of the license or certificate.

5. A letter from the authority that issued the license or certificate, or other proof satisfactory to the Division which states:

(a) Whether the applicant is in good standing; and

(b) Whether disciplinary action has been taken against the applicant in relation to his or her work as an appraiser or intern.

Ê The letter or other proof must be dated not more than 3 months before the date of the application.

6. A current color photograph of the applicant which is at least 1 1/2 inches by 1 1/2 inches in size, unless the applicant has provided a photograph to the Division in connection with another permit requested in the year preceding the current application.

7. A statement of appointment for service of process which complies with subsection 2 of NRS 645C.367.

8. A notarized statement signed by the applicant which states that the applicant:

(a) Understands and agrees that the permit is limited to the appraisal described in the application and that the application fee is nonrefundable;

(b) Has read and understands the provisions of chapter 645C of NRS and the related regulations, agrees to abide by them in the conduct of the appraisal and understands that by accepting the permit he or she has consented to the jurisdiction of the Commission to discipline the applicant for violation of the laws of Nevada;

(c) Certifies, under penalty of perjury, that the information provided as part of the application and in response to subsequent requests by the Division is true and correct to the best of his or her knowledge; and

(d) Understands that falsification of any information provided as part of the application or in response to subsequent requests by the Division is a ground for the denial or revocation of the permit.

9. A statement that any person who will perform the work of an intern as described in NRS 645C.070 on the appraisal is registered in accordance with NRS 645C.270.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 8-4-94; A by R100-03, 1-30-2004)

NAC 645C.1044 Permit: Issuance; return of application. (NRS 645C.210, 645C.363)

1. The Division shall issue a permit not more than 3 business days after receipt of an application if:

(a) The application and accompanying documents which are submitted pursuant to NAC 645C.1042 are completed to the satisfaction of the Division;

(b) The scope of the appraisal described in the application does not exceed the limits set forth in NAC 645C.1046; and

2. If the scope of the appraisal described in the application exceeds the limits set forth in NAC 645C.1046, the Division will return the application to the applicant for correction. If the application is returned for this reason, the applicant may resubmit the application or additional applications accompanied by the applicable fee for consideration by the Division.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 8-4-94; A by R100-03, 1-30-2004; R158-05, 9-18-2006)

NAC 645C.1046 Permit: Limitations; expiration. (NRS 645C.210, 645C.363)

1. A permit is not transferable and is limited to an appraisal by the person named in the permit. The applicant is deemed to have consented to the jurisdiction of the Commission if he or she conducts an appraisal in this State after receipt of the permit.

2. Except as otherwise provided in subsection 3, an appraisal described in a permit must be limited to:

(a) One client who is identified in the application.

(b) One property specifically described in the application or one group of related properties each of which is specifically described in the application.

3. Except as otherwise provided in this subsection, a permit expires automatically when the holder of a permit communicates the appraisal to the client or 1 year after the date of issuance, whichever occurs first. The term of the permit continues if the holder of the permit must:

(a) Correct or clarify the appraisal; or

(b) Testify in court or otherwise defend or explain the appraisal.

Ê A separate permit is required for each appraisal or update of an appraisal or review of an appraisal by another appraiser.

4. As used in this section, the term “related properties” means properties which are contemplated to be part of a single transaction at the time an applicant submits an application for a permit to the Division, including, but not limited to, properties which are owned by the same client at the time of the application or which are part of the same purchase agreement, loan, nontaxable deferred exchange of real property, lease, condemnation or lawsuit.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 8-4-94; A by Real Estate Div., 3-1-96; A by Comm’n of Appraisers of Real Estate by R100-03, 1-30-2004)

NAC 645C.105 Change of employer, name or status. (NRS 645C.210)

1. A licensee, holder of a certificate or registered intern may request a change of employer, name or status by completing and submitting the appropriate form supplied by the Division and paying the required fees.

2. If a licensee, holder of a certificate or registered intern requests such a change and pays the required fee, the receipt issued by the Division constitutes a temporary working permit pending receipt of the requested license or certificate.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004; R158-05, 9-18-2006)

NAC 645C.106 Inactive status: Placement; annual renewal of license or certificate required. (NRS 645C.210, 645C.420)

1. A licensee or holder of a certificate may be placed on inactive status by applying to the Division on the appropriate form. The licensee or holder of a certificate is not entitled to a refund of any part of the fees paid for the unexpired term of his or her license or certificate.

2. A licensee or holder of a certificate who is on inactive status must apply for the renewal of his or her license or certificate on or before each anniversary of his or her license or certificate.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91) — (Substituted in revision for NAC 645C.125)

NAC 645C.1065 Inactive status: Requirements for reinstatement. (NRS 645C.210, 645C.420)

1. A licensee or holder of a certificate who is in good standing with the Division and who is on inactive status may apply to the Division to be reinstated to active status. The application must:

(a) Be on a form supplied by the Division;

(b) Be accompanied by the required fees;

(c) Be accompanied by a current, completed fingerprint card if the licensee or holder of a certificate has been on inactive status for at least 1 year; and

(d) Contain evidence that the requirements for continuing education have been fulfilled.

2. A licensee or holder of a certificate who is placed on inactive status for failure to comply with NRS 645C.430 or for any of the reasons listed in NRS 645C.420 remains inactive until an application for reinstatement has been approved by the Division.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91) — (Substituted in revision for NAC 645C.130)

NAC 645C.107 Cancellation of license, certificate or registration card for failure to report change of address or termination of association. (NRS 645C.210) If the Division determines that an appraiser has discontinued business at the address at which the appraiser is licensed or holds a certificate or that an intern is no longer associated with an appraiser under whom he or she is registered, and the facts have not been reported to the Division by the appraiser or intern, the appraiser’s license or certificate or the intern’s registration card may be cancelled by the Division.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91) — (Substituted in revision for NAC 645C.145)

Supervision of Interns

NAC 645C.108 Qualifications for supervisory appraiser; requirements for inspection of property by intern. (NRS 645C.210, 645C.270)

1. A supervisory appraiser must:

(a) Have been certified as a residential appraiser or general appraiser for at least 3 years before he or she supervises a registered intern;

(b) Complete the course of instruction described in NAC 645C.2445 before he or she supervises a registered intern;

(d) Not have been subject to any disciplinary action within the immediately preceding 3 years that affects the ability of the supervisory appraiser to engage in the practice of appraisal; and

(e) Not supervise more than two registered interns at a time.

2. A supervisory appraiser shall personally inspect with a registered intern the first 50 properties assigned to the registered intern for appraisal.

3. Except as otherwise provided in this subsection, a registered intern who has completed at least 50 appraisals of property to the satisfaction of his or her supervisory appraiser may perform an inspection of property for appraisal which is located within 50 miles of the principal office of his or her supervisory appraiser without the personal supervision of the supervisory appraiser at the site of the property. A supervisory appraiser may submit an application to the Administrator for permission to allow a registered intern to perform inspections of properties for appraisal which are located more than 50 miles from the principal office of his or her supervisory appraiser.

(Added to NAC by Comm’n of Appraisers of Real Estate by R100-03, eff. 1-30-2004; A by R158-05, 9-18-2006; R088-12, 6-3-2013; R011-13, 6-23-2014)

NAC 645C.110 Duties of supervisory appraiser when intern resigns, fails to renew registration card or is discharged. (NRS 645C.210, 645C.410) A supervisory appraiser under whom an intern is registered shall immediately file with the Division a notice of termination, on a form supplied by the Division, when an intern resigns, fails to renew his or her registration card or is discharged. The supervisory appraiser shall immediately surrender the registration card of the intern to the Division.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A by R100-03, 1-30-2004)

NAC 645C.115 Failure of supervisory appraiser to renew certificate. (NRS 645C.210)

1. If a supervisory appraiser fails to renew his or her certificate, the registration cards of all interns under his or her supervision will immediately be placed on inactive status unless the intern applies for a transfer and pays the required fee.

2. If a supervisory appraiser reinstates and renews his or her certificate pursuant to subsection 1, an intern whose registration card is placed on inactive status may resume his or her association with the appraiser if the intern reinstates his or her registration card and pays the required fee.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004)

NAC 645C.118 Termination of certificate of supervisory appraiser. (NRS 645C.210) If the certificate of a supervisory appraiser is cancelled, suspended or revoked, the supervisory appraiser shall deliver his or her certificate to the Division with the registration cards of his or her interns. The interns may, upon proper application and payment of the required fees, transfer to the association of another supervisory appraiser. No refund will be given if a certificate is cancelled, suspended or revoked.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004) — (Substituted in revision for NAC 645C.135)

NAC 645C.120 Reporting on experience of intern; maintenance of log by intern; access of intern to appraisal. (NRS 645C.210)

1. The Division will require a verified statement from a supervisory appraiser indicating the extent of experience of any intern associated with him or her in order to determine the extent of experience the registered intern has gained while associated with the supervisory appraiser.

2. The information required by subsection 1 must be reported on a form provided by the Division. The completed form must include:

(a) The period of association with the supervisory appraiser.

(b) The average number of hours worked per week for the supervisory appraiser.

(c) Any other information concerning the activities of the intern which should be considered as contributing towards the experience of the intern while associated with the supervisory appraiser.

3. Each registered intern shall maintain a separate log for each appraiser who supervises the intern.

4. The registered intern shall record in the log for each appraisal:

(a) The type of property appraised;

(b) The name and address of the client for whom the appraisal was conducted;

(d) A description of work performed and the number of hours required to conduct the appraisal.

5. Each page of a log maintained pursuant to this section must include the signature and number of the certificate of the supervisory appraiser.

6. A registered intern who assists in the preparation of an appraisal may obtain a copy of that appraisal.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004)

Education to Obtain License or Certificate

NAC 645C.200 “School” defined. (NRS 645C.210) For the purposes of NAC 645C.200 to 645C.260, inclusive, “school” includes:

1. The University of Nevada, or any other university or college with the same or an equivalent accreditation.

2. Any professional school or college licensed by the Commission on Postsecondary Education.

3. Any professional school or college located in this State or in another state which has standards for licensure or certification approved by a real estate appraiser’s commission, a department of education or an equivalent agency of another state.

4. A nationally recognized appraiser’s organization which is a member of The Appraisal Foundation or an organization approved by the Commission.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A by R036-00, 5-4-2000; R158-05, 9-18-2006; R064-07, 1-30-2008)

NAC 645C.205 Approval of certain schools required; application for approval. (NRS 645C.210) Before a school offers or conducts a course of instruction designed to fulfill the educational requirements for licensure or certification under chapter 645C of NRS, the school must be approved by the Commission unless the school is an accredited college or university. The application for approval must be made on a form prescribed by the Division. The application must include, and the Commission may consider, the following information in determining the school’s eligibility for approval:

1. The name and address of the school;

2. The type of school and a description of its facilities;

3. The names of the owners of the school, including, if applicable, the name of the business organization which owns the school and the names and addresses of all directors, principals, officers and other persons having interests as owners;

4. A list of the instructors and evidence of their qualifications;

5. A list of the courses to be offered and a topical syllabus for each course;

6. The allotment of time for each subject taught;

7. A proposed schedule of courses for 1 year;

8. The titles, authors and publishers of all required textbooks;

9. A copy of an examination and the correct answer for each question; and

10. A statement of:

(a) The purpose of the school;

(b) The fees to be charged;

(d) The number of quizzes and examinations;

(e) The grading systems, including the methods of testing and standards of grading;

(f) The requirements for attendance; and

(g) The location of the students’ records.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R158-05, 9-18-2006)

NAC 645C.210 Conditions of approval of school. (NRS 645C.210) If a school has applied for and received the Commission’s approval to offer courses to meet requirements for licensure or certification under chapter 645C of NRS, the school shall, as a condition of the approval:

1. Maintain a record of each student’s attendance and certification in any of those courses. The records must be maintained for 10 years after the student’s enrollment and must be open for inspection by the Division, upon its request, during the school’s business hours.

2. Upon a transferring student’s request, furnish the school to which the student is transferring a copy of his or her attendance record and certification for each of those courses which he or she has completed.

3. Upon a student’s request, furnish the Division a transcript of the record of the student’s grades and attendance.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91)

NAC 645C.215 Educational requirements for approved school. (NRS 645C.210)

1. A school which the Commission has approved to give a course fulfilling the educational requirements for original licensing or certification shall require each student to attend the required number of hours of instruction and pass an examination in the course.

2. The school may certify only the number of hours for which the course has been approved by the Commission.

3. The completion of a portion of a course is not acceptable to satisfy licensing or certification requirements.

4. As used in this section, an “hour of instruction” means 50 minutes or more. Fifteen hours of instruction equal one semester credit.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R119-00, 9-25-2000)

NAC 645C.220 Denial of approval of course; withdrawal of approval of school or course. (NRS 645C.210)

1. If a school’s application for approval of a course is denied, the school may file a written request for a hearing before the Commission. The request must be filed within 20 calendar days after receiving the order of denial. The Commission will hold the hearing at its next regularly scheduled meeting after the request for a hearing is filed unless the school makes a written request for a continuance and that request is granted. The Commission will decide the matter within 90 calendar days after the hearing.

2. If the Administrator determines that an approved school or course no longer complies with the standards prescribed in this chapter, the Administrator shall file a complaint seeking a temporary or permanent withdrawal of the approval. The Commission will hear the complaint following a procedure similar to that used for the revocation or suspension of an appraiser’s license or certificate.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004)

NAC 645C.223 Approval of course; annual renewal of approval; grounds for withdrawal of approval. (NRS 645C.210)

1. A school that is approved by the Commission pursuant to NAC 645C.205 must obtain the Commission’s approval of each course offered or conducted by the school that is designed to fulfill the educational requirements for licensure or certification under chapter 645C of NRS. An application for approval of a course must be submitted to the Division on a form prescribed by the Division.

2. The Commission’s approval of a course is effective for 1 year. The school must apply annually to renew the approval of the course. The application must be submitted to the Division on a form prescribed by the Division and describe the changes, if any, in the course since its last approval. The application must be received by the Division not less than 30 days before the expiration of the previous approval.

3. The Division may renew the approval of a course if no changes in the course have occurred since the course was approved by the Commission.

4. The Commission’s approval of a course is subject to the condition that the Division may audit and evaluate the presentation of the course.

5. Each of the following acts and conditions is a ground for the Commission to withdraw its approval of a course:

(a) Poor quality of the curriculum or instruction, as demonstrated by an evaluation or audit.

(b) Violation of any of the provisions of this chapter.

(Added to NAC by Comm’n of Appraisers of Real Estate by R064-07, eff. 1-30-2008)

NAC 645C.225 Approved schools: Advertising. (NRS 645C.210) A school approved by the Commission shall not make any misrepresentation in its advertising about any course of instruction which it offers to fulfill requirements for licensing or certification under this chapter. Any advertisement must specify that such courses have been approved by the Commission of Appraisers of Real Estate.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91)

NAC 645C.230 Approved schools: Instructors. (NRS 645C.210)

1. A school which conducts courses approved by the Commission shall employ as instructors of those courses only persons who possess:

(a) A good reputation for honesty, integrity and trustworthiness; and

(b) At least one of the following qualifications, unless granted a special exemption by the Commission:

(1) Current experience teaching subjects relating to the appraisal of real estate in the Nevada System of Higher Education or another institution which awards degrees. The person must demonstrate to the satisfaction of the Division the academic training or work experience that qualifies him or her to teach the course.

(2) Five years of full-time experience, other than in a secretarial position, working in a job directly related to the subject taught.

(3) Have a bachelor’s degree in the field in which the person is instructing.

(4) Three years of experience teaching the specific subject.

2. Such a school shall limit guest lecturers who are not approved by the Commission to a total of 10 percent of the instructional hours per approved course. A guest lecturer must be an expert in the subject that he or she teaches.

3. Such a school shall not employ, without the approval of the Commission, an instructor who has been subject to discipline by any licensing board or commission within the 5 years immediately preceding the employment, or who has been subject to discipline by the Commission more than twice.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 8-4-94)

NAC 645C.231 Qualifications of instructor to teach National USPAP Course and National USPAP Update Course. (NRS 645C.210)

1. The National USPAP Course and the National USPAP Update Course required pursuant to NAC 645C.235 to 645C.244, inclusive, 645C.300, 645C.302 or 645C.305 must be taught by an instructor who is a certified appraiser and who is certified by the Appraiser Qualifications Board of The Appraisal Foundation.

2. As used in this section, “certified appraiser” has the meaning ascribed to it in NRS 645C.047.

(Added to NAC by Comm’n of Appraisers of Real Estate by R158-05, eff. 9-18-2006; A by R196-08, 2-11-2009)

NAC 645C.232 Revocation of approval of instructor; notice; appeal; hearing. (NRS 645C.210)

1. The Division may revoke its approval of a particular instructor who is employed by a school which conducts courses approved by the Commission if:

(a) Any licensing authority has taken disciplinary action against the instructor; or

(b) After an audit of the course and review of the evaluations of the course, the Division concludes that the instructor is not qualified to instruct the course.

2. The Division shall give the instructor and school written notice that it has revoked the approval of the instructor. The written notice must specify the reason for the revocation.

3. The instructor may appeal the decision of the Division to revoke the approval of the instructor by making a written demand to the Commission for a hearing within 20 calendar days after the instructor receives the written notice pursuant to subsection 2.

4. Within 90 days after receipt of a written demand for such a hearing, the Commission will hold a hearing.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 8-4-94)

NAC 645C.235 Licensure as residential appraiser: Required instruction and higher education. (NRS 645C.210, 645C.330)

1. A course of instruction for an applicant for a license as a residential appraiser must:

(a) Consist of at least the following:

(1) Thirty hours of instruction on basic appraisal principles;

(2) Thirty hours of instruction on basic appraisal procedures;

(3) Fifteen hours of instruction in the National USPAP Course;

(4) Fifteen hours of instruction on residential market analysis and analysis of the highest and best use of real estate;

(5) Fifteen hours of instruction on valuation of a site and cost approach for a residential appraiser;

(6) Thirty hours of instruction on residential sales comparison and income approaches;

(7) Fifteen hours of instruction on residential report writing and case studies; and

(8) Three hours of instruction on the laws of this State governing appraisals.

(b) Except as otherwise provided in subsection 2, be completed within the 5 years immediately preceding the submission of an application for a license.

2. The Division may allow credit for a course of instruction set forth in subsection 1 that is completed more than 5 years before the submission of an application for a license as a residential appraiser if the course is successfully completed at an accredited college or university.

3. An applicant for a license as a residential appraiser must:

(a) Hold an associate degree or higher from an accredited college or university; or

(b) Have earned at least a total of 30 semester credit hours or its equivalent from an accredited college or university.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R036-00, 5-4-2000; R100-03, 1-30-2004; R158-05, 9-18-2006, eff. 1-1-2008; R196-08, 2-11-2009; R011-13, 6-23-2014, eff. 1-1-2015)

NAC 645C.237 Certification as residential appraiser: Required instruction and higher education. (NRS 645C.210, 645C.330)

1. A course of instruction for an applicant for a certificate as a residential appraiser must:

(a) Consist of at least the following:

(1) Thirty hours of instruction on basic appraisal principles;

(2) Thirty hours of instruction on basic appraisal procedures;

(3) Fifteen hours of instruction in the National USPAP Course;

(4) Fifteen hours of instruction on residential market analysis and analysis of the highest and best use of real estate;

(5) Fifteen hours of instruction on residential appraiser valuation of a site and cost approach;

(6) Thirty hours of instruction on residential sales comparison and income approaches;

(7) Fifteen hours of instruction on residential report writing and case studies;

(8) Fifteen hours of instruction on statistics, modeling and finance;

(9) Fifteen hours of instruction on advanced residential applications and case studies;

(10) Three hours of instruction on the laws of this State governing appraisals; and

(11) Twenty hours of instruction in elective courses relating to appraisals.

(b) Except as otherwise provided in subsection 2, be completed within the 5 years immediately preceding the submission of an application for a certificate.

2. The Division may allow credit for a course of instruction set forth in subsection 1 that is completed more than 5 years before the submission of an application for a certificate as a residential appraiser if the course is successfully completed at an accredited college or university.

3. An applicant for a certificate as a residential appraiser must hold a bachelor’s degree or higher from an accredited college or university.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 11-19-91; A by R100-03, 1-30-2004; R158-05, 9-18-2006, eff. 1-1-2008; R196-08, 2-11-2009; R011-13, 6-23-2014, eff. 1-1-2015)

NAC 645C.240 Certification as general appraiser: Required instruction and higher education. (NRS 645C.210, 645C.330)

1. A course of instruction for an applicant for a certificate as a general appraiser must:

(a) Consist of at least the following:

(1) Thirty hours of instruction on basic appraisal principles;

(2) Thirty hours of instruction on basic appraisal procedures;

(3) Fifteen hours of instruction in the National USPAP Course;

(4) Thirty hours of instruction on general market analysis and analysis of the highest and best use of real estate;

(5) Thirty hours of instruction on valuation of a site and cost approach for a general appraiser;

(6) Thirty hours of instruction on a sales comparison approach for a general appraiser;

(7) Sixty hours of instruction on an income approach for a general appraiser;

(8) Thirty hours of instruction on report writing and case studies for a general appraiser;

(9) Fifteen hours of instruction on statistics, modeling and finance;

(10) Three hours of instruction on the laws of this State governing appraisals; and

(11) Thirty hours of instruction in elective courses relating to appraisals.

(b) Except as otherwise provided in subsection 2, be completed within the 5 years immediately preceding the submission of an application for a certificate.

2. The Division may allow credit for a course of instruction set forth in subsection 1 that is completed more than 5 years before the submission of an application for a certificate as a general appraiser if the course is successfully completed at an accredited college or university.

3. An applicant for a certificate as a general appraiser must hold a bachelor’s degree or higher from an accredited college or university.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R036-00, 5-4-2000; R100-03, 1-30-2004; R158-05, 9-18-2006, eff. 1-1-2008; R026-08, 8-26-2008; R196-08, 2-11-2009; R011-13, 6-23-2014, eff. 1-1-2015)

NAC 645C.243 Registration as intern: Required instruction. (NRS 645C.210)

1. An applicant for registration as an intern pursuant to NRS 645C.270 must include on his or her application evidence satisfactory to the Division that the applicant has successfully completed, within the 5 years immediately preceding the submission of his or her application for registration as an intern, at least:

(a) Thirty hours of instruction on basic appraisal principles;

(b) Thirty hours of instruction on basic appraisal procedures;

(d) Three hours of instruction on the laws of this State governing appraisals.

2. An applicant for registration as an intern must complete the course of instruction described in NAC 645C.2445 before submitting his or her application for registration as an intern.

(Added to NAC by Comm’n of Appraisers of Real Estate by R036-00, eff. 5-4-2000; A by R100-03, 1-30-2004; R158-05, 9-18-2006, eff. 1-1-2008; R196-08, 2-11-2009; R088-12, 6-3-2013; R011-13, 6-23-2014; R011-13, 6-23-2014, eff. 1-1-2015)

NAC 645C.244 Required instruction: Content of courses. (NRS 645C.210, 645C.330, 645C.440) The content of the following courses required pursuant to NAC 645C.235 to 645C.243, inclusive, must be as follows:

1. For a course on basic appraisal principles:

(a) Real property concepts and characteristics, including basic real property concepts, real property characteristics and legal descriptions;

(b) Legal consideration, including forms of ownership, public and private controls, and real estate contracts and leases;

(c) Influences on real estate values, including governmental, economic, social, environmental, geographic and physical influences;

(d) Types of value, including market and other value;

(e) Economic principles, including classical economic principles and application and illustrations of economic principles;

(f) An overview of real estate markets and analysis, including market fundamentals, characteristics, definitions, supply analysis, demand analysis and use of market analysis; and

(g) Ethics and how they apply in appraisal theory and practice.

2. For a course on basic appraisal procedures:

(a) An overview of approaches to value.

(b) Valuation procedures that include:

(1) Defining the problem;

(2) Collecting and selecting data;

(3) Analyzing;

(4) Reconciling and final value opinion; and

(5) Communicating the appraisal.

(1) Geographic characteristics of the land or site;

(2) Geological characteristics of the land or site;

(3) Location and neighborhood characteristics;

(4) Land or site considerations for the highest and best use of real estate;

(5) Improvements by architectural styles and types of construction; and

(6) Residential applications.

3. For the National USPAP Course:

(a) Preamble and ethics rules;

(b) The first standard of the USPAP;

(d) The 3rd through 10th standards, inclusive, of the USPAP; and

(e) Statements and advisory opinions.

4. For a course on residential market analysis and analysis of the highest and best use of real estate:

(a) Residential markets and analysis that includes:

(1) Market fundamentals, characteristics and definitions;

(2) Supply analysis;

(3) Demand analysis; and

(4) Use of market analysis.

(b) An analysis of the highest and best use of real estate that includes:

(1) Test constraints;

(2) Application of the highest and best use of real estate;

(3) Special considerations;

(4) Market analysis; and

(5) Case studies.

5. For a course on valuation of a site and cost approach for a residential appraiser:

(a) Valuation of a site that includes:

(1) Methods; and

(2) Case studies.

(b) Cost approach that includes:

(1) Concepts and definitions;

(2) Replacement or reproduction cost new;

(3) Accrued depreciation;

(4) Methods of estimating accrued depreciation; and

(5) Case studies.

6. For a course on residential sales comparison and income approaches:

(a) Valuation principles and procedures by sales comparison approach;

(b) Valuation principles and procedures by income approach;

(d) Financial calculator introduction;

(e) Identification, derivation and measurement of adjustments;

(f) Gross rent multipliers;

(g) Partial interests;

(h) Reconciliation; and

(i) Case studies and applications.

7. For a course on residential report writing and case studies:

(a) Writing and reasoning skills;

(b) Common writing problems;

(d) Report options and compliance with the USPAP; and

(e) Case studies.

8. For a course on statistics, modeling and finance:

(a) Statistics;

(b) Valuation models, including automated valuation models and mass appraisal; and

9. For a course on advanced residential applications and case studies:

(a) Complex property, ownership and market conditions;

(b) Deriving and supporting adjustments;

(d) Advanced case studies.

10. For a course on general market analysis and analysis of the highest and best use of real estate:

(a) Real estate markets and analysis that includes:

(1) Market fundamentals, characteristics and definitions;

(2) Supply analysis;

(3) Demand analysis; and

(4) Use of market analysis.

(b) The highest and best use of real estate that includes:

(1) Test constraints;

(2) Application of the highest and best use of real estate;

(3) Special considerations;

(4) Market analysis; and

(5) Case studies.

11. For a course on the valuation of a site and cost approach for a general appraiser:

(a) Site valuation that includes:

(1) Methods; and

(2) Case studies.

(b) Cost approach that includes:

(1) Concepts and definitions;

(2) Replacement or reproduction cost new;

(3) Accrued depreciation;

(4) Methods of estimating accrued depreciation; and

(5) Case studies.

12. For a course on sales comparison approach for a general appraiser:

(a) Value principles;

(b) Procedures;

(d) Reconciliation; and

(e) Case studies.

13. For a course on income approach for a general appraiser:

(a) Overview;

(b) Compound interest;

(d) Income analysis;

(e) Vacancy and collection loss;

(f) Estimating operating expenses and reserves;

(g) Reconstructed income and expense statements;

(h) Stabilized net operating income estimate;

(i) Direct capitalization;

(j) Discounted cash flow;

(k) Yield capitalization;

(l) Partial interests; and

(m) Case studies.

14. For a course on report writing and case studies for a general appraiser:

(a) Writing and reasoning skills;

(b) Common writing problems;

(d) Case studies.

(Added to NAC by Comm’n of Appraisers of Real Estate by R158-05, 9-18-2006, eff. 1-1-2008; A by R026-08, 8-26-2008; R196-08, 2-11-2009)

NAC 645C.2445 Required instruction: Professional qualifications and responsibilities. (NRS 645C.210) A course of instruction required by paragraph (b) of subsection 1 of NAC 645C.108 or subsection 2 of NAC 645C.243 must consist of not less than 2 hours of instruction on:

1. Professional organizations and licensing entities, including, without limitation, The Appraisal Foundation, the Appraiser Qualifications Board of The Appraisal Foundation and the Division.

2. The qualifications for licensure or certification as an appraiser.

3. The USPAP.

4. The responsibilities and expectations of a supervisory appraiser.

5. The responsibilities and expectations of a registered intern.

6. The provisions of this chapter and chapter 645C of NRS that govern supervisory appraisers and registered interns.

(Added to NAC by Comm’n of Appraisers of Real Estate by R011-13, eff. 6-23-2014)

NAC 645C.245 Acceptability of courses designed to fulfill educational requirements. (NRS 645C.210)

1. The Commission may accept a course of instruction designed to fulfill the educational requirements for licensure or certification without the prior approval of the course.

2. To be approved by the Commission, except as otherwise provided in subsection 3, a course of instruction must consist of at least 15 hours of instruction. The time to take an examination in such a course may be applied toward the 15-hour requirement.

3. The Commission may approve a course of instruction of less than 15 hours if the course consists of at least 3 hours of instruction concerning the laws of this State governing appraisals. A course consisting of less than 15 hours of instruction may not be applied toward satisfying the minimum hours of academic instruction required by NRS 645C.330.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91)

NAC 645C.248 Approval of distance education course. (NRS 645C.210, 645C.330)

1. An application for approval of a distance education course which complies with the provisions of NRS 645C.330 must be submitted to the Division for review and presentation to the Commission. The application must be made on a form provided by the Division.

2. In determining whether to approve a course pursuant to this section, the Commission will consider:

(a) Whether the course consists of at least 15 hours of instruction;

(b) Whether the sponsor of the course is willing to ensure that each student enrolled in the course will be required to complete a written examination proctored by a person approved by the Division; and

(1) Whether the course is offered by an accredited college or university that offers distance education courses in disciplines other than the appraisal of real property; or

(2) Whether the course is approved by the International Distance Education Certification Center and the Appraiser Qualifications Board of The Appraisal Foundation.

(Added to NAC by Comm’n of Appraisers of Real Estate by R100-03, eff. 1-30-2004; A by R158-05, 9-18-2006, eff. 1-1-2008)

NAC 645C.250 Unacceptable courses. (NRS 645C.210, 645C.330)

1. The Commission will not accept an applicant’s completion of a course of a kind which is designed to prepare students for examination, commonly known as a “cram course,” to fulfill the educational requirements for an original license or certificate.

2. The following kinds of courses will not be accepted to fulfill units of education which are required for original licensing or certification:

(a) Courses designed to develop or improve clerical, office or business skills that are not related to the appraisal process, including typing, shorthand, the operation of business machines, the use of computers or computer software, improvement of memory or writing letters; or

(b) Business courses in advertising or psychology.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004)

NAC 645C.255 Restrictions on disclosure of examinations to persons associated with school. (NRS 645C.210)

1. An owner, instructor or affiliate of a school approved by the Commission or other person associated with the school shall not take an examination for a license or certificate as an appraiser conducted by the Division or its agent unless he or she first submits to the Division:

(a) A written statement that his or her purpose in taking the examination is to fulfill one of the requirements for obtaining a license or certificate; and

(b) A written agreement to apply for a license or certificate upon passing the examination.

2. Such a school or anyone associated with its operation shall not:

(a) Solicit information from any person to discover past questions asked on any such examination; or

(b) Distribute to any person a copy of the questions or otherwise communicate to him or her the questions without the prior written approval of the owner of the copyright to the questions.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91)

NAC 645C.260 Notice of changes in school; annual renewal of approval. (NRS 645C.210)

1. Within 15 calendar days after the occurrence of any material change in the school which would affect its approval by the Commission, the school shall give the Division written notice of that change.

2. The Commission’s approval of a school expires 1 year after the date on which it is given. To qualify for a renewal of approval by the Commission, a school must, not later than 30 days before the expiration of the approval, submit to the Division:

(a) A written certification, in a form prescribed by the Division, declaring that the school has met all applicable requirements of this chapter; and

(b) A sworn statement, in a form prescribed by the Division, declaring that the information contained in the original application is current or, if it is not current, a list of all material changes.

3. The Commission may deny renewal of approval to any school that does not meet the standards required by this chapter.

4. Within 60 calendar days after a decision is made to deny renewal of approval, the Division will send written notice of the decision and the basis for that decision by certified mail to the last known address of the school.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A by R064-07, 1-30-2008)

Continuing Education

NAC 645C.300 Requirements for renewal of active registration, license or certificate and reinstatement of inactive license or certificate. (NRS 645C.210, 645C.440)

1. To renew an active registration, license or certificate, the intern, licensee or holder of the certificate must complete at least 30 hours of continuing education in courses approved by the Commission, including, without limitation, at least 7 hours of instruction in the National USPAP Update Course within the 2 years immediately preceding the application for renewal.

2. To reinstate a license or certificate which has been placed on inactive status, a person must provide the Division with proof that he or she has met the following requirements for continuing education, including, without limitation:

(a) At least 7 hours of instruction in the National USPAP Update Course most recently approved by the Commission;

(b) For a license or certificate that has been placed on inactive status for not more than 2 years, at least 30 hours of instruction in continuing education courses approved by the Commission; and

(c) For a license or certificate that has been placed on inactive status for more than 2 years, at least 15 hours of instruction in continuing education courses approved by the Commission for each year of inactive status.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R017-98, 10-23-98; R119-00, 9-25-2000; R100-03, 1-30-2004; R158-05, 9-18-2006; R196-08, 2-11-2009; R011-13, 6-23-2014)

NAC 645C.302 Requirements for renewal of registration as intern; failure to renew. (NRS 645C.210, 645C.440)

1. A registered intern must complete, every 2 years, at least 30 hours of courses in continuing education that have been approved by the Commission as a condition of the renewal of his or her registration as an intern. Those courses must include, without limitation, at least 7 hours of instruction in a course on the National USPAP Update Course.

2. If a registration as an intern is not renewed, the person who held the registration must apply for a new registration as an intern before acting or assuming to act as an intern.

(Added to NAC by Comm’n of Appraisers of Real Estate by R036-00, eff. 5-4-2000; A by R100-03, 1-30-2004; R158-05, 9-18-2006; R196-08, 2-11-2009)

NAC 645C.303 Verification of information concerning credits for continuing education via website created and maintained pursuant to NRS 645C.390. (NRS 645C.210, 645C.220) The Division may allow a registered intern, licensee or holder of a permit or certificate to use the website created and maintained pursuant to NRS 645C.390 to verify information concerning credits for continuing education earned by the registered intern, licensee or holder of a permit or certificate during the current renewal period and the renewal period immediately preceding the current renewal period. The information may include, without limitation:

1. The name of the registered intern, licensee or holder of a permit or certificate and the number of that person’s license, permit, certificate or registration card;

2. The title of the course and the name of the sponsor of the course;

3. The course number assigned by the Division;

4. Whether the Commission has approved the course;

5. The number of hours of continuing education credit earned by the registered intern, licensee or holder of a permit or certificate for completing a course;

6. The date on which the registered intern, licensee or holder of a permit or certificate completed a course; and

7. The number of hours of continuing education which the Commission has approved for the course.

(Added to NAC by Comm’n of Appraisers of Real Estate by R103-10, eff. 12-16-2010)

NAC 645C.305 Standards for courses. (NRS 645C.210, 645C.440)

1. Courses for continuing education must contain:

(a) Current information on appraisal practices which will improve the professional knowledge of the licensee or holder of a certificate and enable him or her to provide better service to the public.

(b) Information that pertains to pertinent state and federal laws and regulations relating to appraisals or appraisal practices.

2. The Commission considers courses in the following areas to be acceptable for continuing education:

(a) The USPAP;

(b) Legislative issues which concern the practice of appraising or licensees or holders of certificates, including, without limitation, pending and recent legislation;

(c) The administration of laws and regulations governing appraisals, including, without limitation, licensing, certification and enforcement;

(d) The relationship of the appraisal report to real estate financing;

(e) The measurement and evaluation of the market for real estate, including, without limitation, evaluations of sites, market data and studies of feasibility;

(f) The development of real property;

(g) Real estate and appraisal mathematics;

(h) Nature of value;

(i) The purpose and use of appraisals;

(j) Methods of valuation and evaluation;

(k) Income capitalization;

(l) Construction;

(m) Green building; and

(n) Concessions to sellers.

3. If the sponsor agrees to comply with all other requirements of approval, the Commission will accept without specific approval any course in appraisal practices or directly related subjects if the course has been previously approved by the Commission.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R017-98, 10-23-98; R100-03, 1-30-2004; R158-05, 9-18-2006; R011-13, 6-23-2014)

NAC 645C.310 Unacceptable courses and activities. (NRS 645C.210, 645C.440) The following kinds of courses and activities do not meet the standards for continuing education:

1. A course designed to develop or improve clerical, office or business skills not related to the appraisal process, including typing, shorthand, the operation of business machines, the use of computers or computer software, speed reading, improvement of memory and writing letters.

2. A program of office training or other activity which is held as part of the general business of the licensee or holder of a certificate.

3. A course for the orientation of licensees and holders of certificates.

4. A course for the development of instructors.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004)

NAC 645C.315 Approval of distance education course or course given in Nevada; proof of attendance. (NRS 645C.210, 645C.440)

1. An application for approval of a distance education course for continuing education or a course given in Nevada for the continuing education of licensees or holders of certificates must be submitted to the Division for review and presentation to the Commission. The application must be made on a form provided by the Division.

2. The Commission will not give retroactive approval for such a course.

3. In determining whether to approve a course pursuant to this section, the Commission will consider:

(a) Whether the course consists of at least 2 hours of instruction.

(b) Whether the sponsor of the course is willing to certify to the attendance of licensees and holders of certificates at the course.

(1) The name of each licensee or holder of a certificate in attendance and the number of his or her license or certificate.

(2) The title and description of the course.

(3) The hours of instruction attended by the licensee or holder of a certificate and the dates of his or her attendance.

(4) A statement or indication whether the licensee or holder of a certificate passed or failed the course, if applicable.

(d) Whether the sponsor of the course is willing to ensure that an approved instructor will preside throughout the course.

(e) In the case of distance education courses:

(1) Whether the licensee or holder of a certificate will be required to complete:

(I) A written examination proctored by an official approved by the Commission; or

(II) If the course does not include such an examination, the course mechanisms required by the Commission for accreditation of the course; and

(2) Whether the course is presented by an accredited college or university, has received the approval for college credit through the program of approval of the Appraiser Qualifications Board of The Appraisal Foundation or the International Distance Education Certification Center.

(f) In the case of presentations by videotape, whether the sponsor will provide an approved instructor at the site of the presentation to supplement and control instruction in the course.

(g) Any other criteria that the Commission deems appropriate.

4. For all approved courses, the sponsor shall provide a certified copy of the record of completing the course to the licensee or holder of a certificate upon completion of the course. The Division shall accept the certificate as proof of the licensee’s or holder’s attendance for the purpose of renewing or reinstating his or her license or certificate. If the course is taken at a university or community college, the proof of attendance must be a certified transcript. The certificate of a sponsor must contain the:

(a) Name of the sponsor;

(b) Name of the licensee or holder of a certificate and his or her license number or certificate number;

(d) Dates of instruction;

(e) Title of the course or seminar;

(f) Sponsor’s number assigned by the Division; and

(g) Signature of the person authorized to sign for the sponsor.

5. The Commission may grant approval for courses of continuing education offered by a nationally recognized appraisal organization which is a member of The Appraisal Foundation or an organization approved by the Commission without considering a specific application.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; 8-4-94; R119-00, 9-25-2000; R100-03, 1-30-2004; R158-05, 9-18-2006, eff. 1-1-2008)

NAC 645C.317 Approval of course provided out of State. (NRS 645C.210, 645C.440)

1. Except as otherwise provided in NAC 645C.315 regarding distance education courses, an appraiser may apply to the Commission for the approval of a course of continuing education which is provided out of State if the appraiser has:

(a) Attended or will attend the course outside Nevada;

(b) Taken or will take the course within the period prescribed by NRS 645C.430 for the renewal or reinstatement of his or her certificate or license; and

(c) Submitted an application on a form supplied by the Division accompanied by the applicable application fee for the annual approval of a course of instruction offered for continuing education.

2. Under appropriate circumstances, the Commission may give retroactive approval for a course attended out of State.

3. Except as otherwise provided in subsection 5, approval of a course pursuant to this section applies only to the specific:

(a) Course described in the application;

(b) Date on which the course was given; and

4. In determining whether to approve a course attended out of State, the Commission will consider:

(a) Whether the course consists of at least 2 hours of instruction.

(b) Whether the course meets the standards set forth in NAC 645C.305 and is acceptable under the provisions of NAC 645C.310.

(d) The sufficiency of the proof of attendance of the course by the applicant. To obtain credit for attendance of the course, the applicant must attend the required number of hours of instruction and take and pass any examination administered in the course.

(e) Any other criteria that the Commission deems appropriate.

5. If the Commission approves a specific course based on an initial application by an appraiser pursuant to subsections 1 to 4, inclusive, the Commission shall approve an application submitted subsequently by another appraiser who attended the same course if that appraiser submits:

(a) Proof of his or her attendance of the course; and

(b) The applicable application fee for the annual approval of a course of instruction offered for continuing education.

6. If the Commission approves a course pursuant to this section, the sponsor of the course:

(a) Is not required to comply with NAC 645C.325.

(b) Shall not advertise that the course has been approved by the Commission.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 8-4-94; A by R119-00, 9-25-2000; R100-03, 1-30-2004)

NAC 645C.320 Audit of course; period of approval; reapproval; withdrawal of approval. (NRS 645C.210, 645C.440)

1. The approval or reapproval of any course of continuing education by the Commission is subject to a condition that the Division may audit the course. The Commission’s approval of a course for continuing education is effective for 1 year after the original approval or a reapproval.

2. A sponsor must apply for reapproval on a form provided by the Division and describe on that form any changes in the course. An application for reapproval must be filed at least 2 weeks before the previous approval expires and, if the sponsor does not do so, the sponsor must apply for an original approval.

3. The Division may reapprove a course if no changes in the course have occurred since the course was approved or reapproved.

4. Each of the following acts and conditions is a ground for the Commission to withdraw its approval of a course:

(a) Poor quality of the curriculum or instruction, as shown by evaluations.

(b) Violation of any of the provisions of this chapter governing continuing education.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; 8-4-94; R100-03, 1-30-2004)

NAC 645C.322 Withdrawal of approval of course after audit. (NRS 645C.210, 645C.440)

1. If the Division audits a course provided in Nevada and determines that the course does not meet the standards for courses of continuing education set forth in this chapter, the Division shall withdraw the approval of a course. Within 30 days after the conduct of the audit, the Administrator shall give the school written notice that approval of the course has been withdrawn and shall provide specific reasons for the withdrawal. The withdrawal of the approval of a course is effective upon receipt of the written notice by the school.

2. The Division shall give credit for continuing education to a student who attended the course before the school received written notice of the withdrawal of the approval of the course.

3. The school may appeal the decision of the Division to withdraw approval of a course pursuant to this section by making a written demand to the Commission for a hearing within 20 calendar days after the school receives the written notice pursuant to subsection 1.

4. The Commission will hold a hearing concerning withdrawal of approval of the course by the Division at its next regularly scheduled meeting and take one of the following actions:

(a) Affirm the decision of the Division to withdraw approval of the course;

(b) Suspend approval of the course for a limited period and under such conditions as the Commission deems appropriate; or

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 8-4-94; A by R100-03, 1-30-2004)

NAC 645C.325 Duties of sponsors: Generally. (NRS 645C.210, 645C.440)

1. The sponsor of an approved course for the continuing education of licensees or holders of certificates shall:

(a) Not allow a licensee or holder of a certificate to pass the course by taking the examination without having the required attendance;

(b) Admit authorized personnel of the Division to audit and evaluate the presentation of the course; and

2. Each sponsor shall provide evaluations for a course for continuing education and shall maintain the results of the evaluations for 2 years. The Division may request a review of those evaluations.

3. If a course offered by a professional organization has been approved for continuing education, the organization shall not restrict attendance at the course to members of that organization.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004)

NAC 645C.326 Duties of sponsors: Electronic submission of information regarding completion of course. (NRS 645C.210, 645C.220) Not later than 10 days after the completion of a course of continuing education which has been approved by the Commission, the sponsor of the course shall submit electronically to the Division, in a format approved by the Division, the information set forth in NAC 645C.303 for each registered intern, licensee or holder of a permit or certificate who completed the course to earn credit for continuing education.

(Added to NAC by Comm’n of Appraisers of Real Estate by R103-10, eff. 12-16-2010)

NAC 645C.330 Qualifications of instructors. (NRS 645C.210, 645C.440)

1. An instructor of a course for continuing education must possess:

(a) A good reputation for honesty, integrity and trustworthiness; and

(b) At least one of the following qualifications, unless granted a special exemption by the Commission:

(1) A bachelor’s degree in the field in which the person is instructing.

(2) Current experience teaching subjects relating to the appraisal of real estate in the Nevada System of Higher Education or another institution which awards degrees. The person must demonstrate to the satisfaction of the Division the academic training or work experience that qualifies him or her to teach the course of continuing education.

(3) Five years of full-time experience, other than in a secretarial position, working in a job directly related to the subject taught.

(4) Three years of experience teaching the specific subject.

2. An instructor who has been subject to discipline by any licensing board or commission:

(a) Within the last 5 years; or

(b) More than twice,

Ê shall not instruct a course of continuing education without the approval of the Commission.

3. A sponsor of a course shall limit guest lecturers who are not approved by the Commission to a total of 10 percent of the instructional hours per approved course. A guest lecturer must be an expert in the subject that he or she teaches.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 8-4-94)

NAC 645C.332 Withdrawal of approval of instructor. (NRS 645C.210, 645C.440)

1. The Division may withdraw the approval of an instructor of a course of continuing education:

(a) If any licensing authority has taken disciplinary action against the instructor; or

(b) If, after an audit of the course and review of the evaluations of the course, the Division concludes that the instructor is not qualified to instruct the course.

2. The Division shall give the instructor and sponsor written notice that it has withdrawn the approval of the instructor. The written notice must specify the reason for the withdrawal.

3. An instructor may appeal the decision of the Division to withdraw the approval of the instructor by making a written demand to the Commission for a hearing within 20 calendar days after the instructor receives the written notice pursuant to subsection 2.

4. The Commission will hold a hearing concerning withdrawal of the approval of the instructor by the Division at its next regularly scheduled meeting and take one of the following actions:

(a) Affirm the decision of the Division to withdraw approval of the instructor;

(b) Suspend approval of the instructor for a limited period and under such conditions as the Commission deems appropriate; or

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 8-4-94; A by R100-03, 1-30-2004)

NAC 645C.340 Contents of advertising, promotional brochure or form for registration for course. (NRS 645C.210, 645C.440)

1. Any advertising, promotional brochure or form for registration for a course for continuing education must:

(a) Contain, in writing, the policy of the sponsor concerning cancellation and refunds; and

(b) Not contain any misrepresentation or misleading information.

2. All advertising must:

(a) Specify that the course for continuing education has been approved by the Commission;

(b) Include the number of hours of credit of continuing education for which the course is approved; and

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A by R100-03, 1-30-2004; R158-05, 9-18-2006)

NAC 645C.345 Requirements for receipt of credit. (NRS 645C.210, 645C.440)

1. A licensee or holder of a certificate may receive credit for continuing education if he or she develops or teaches an approved course. Credit will be given:

(a) Once for developing the course; and

(b) Once during each applicable period of licensing or certification for teaching the course.

2. The licensee or holder of a certificate must submit proof that he or she developed or taught the course during the applicable period of licensing or certification. A developer or instructor of a course may receive 1 hour of credit per each hour of development or instruction, but a developer or instructor of a course may not receive more than 15 hours of credit per applicable period of licensing or certification for the developing or teaching of continuing education.

3. Except for a course relating to the USPAP, a course may not be taken for credit more than once in a licensing or certification period.

4. Courses taken to satisfy requirements for the renewal or reinstatement of a license or certificate must be completed within the 2 years immediately before the latest date for renewing or reinstating the license or certificate.

5. A licensee or holder of a certificate may receive credit for continuing education only upon certification by the sponsor that the licensee or holder of a certificate has attended and completed at least 90 percent of the course.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004; R158-05, 9-18-2006; R073-15, 4-4-2016)

NAC 645C.350 Allowable hours of credit. (NRS 645C.210, 645C.440) The Commission will allow not more than 8 hours of credit per day of instruction for courses of continuing education.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A by R100-03, 1-30-2004)

NAC 645C.355 Credit for attending meeting of Commission. (NRS 645C.210, 645C.440) The Commission will grant credit for continuing education, not to exceed 6 hours, to a licensee or holder of a certificate once during each period of licensing or certification if the following conditions are met:

1. The licensee or holder of a certificate attends a meeting of the Commission and the licensee or holder was not participating in or otherwise affiliated with a disciplinary hearing conducted by the Commission;

2. The Commission’s meeting lasted at least 2 hours; and

3. The Commission certifies to the attendance of the licensee or holder of a certificate.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004)

APPRAISAL MANAGEMENT COMPANIES

NAC 645C.370 Definitions. (NRS 645C.210) As used in NAC 645C.370 to 645C.391, inclusive, unless the context otherwise requires, the words and terms defined in NAC 645C.371 and 645C.373 have the meanings ascribed to them in those sections.

(Added to NAC by Comm’n of Appraisers of Real Estate by R091-09, eff. 4-20-2010)

NAC 645C.371 “Branch office” defined. (NRS 645C.210) “Branch office” means any office of an appraisal management company, other than a principal office, from which an appraisal of property located in this State is ordered.

(Added to NAC by Comm’n of Appraisers of Real Estate by R091-09, eff. 4-20-2010)

NAC 645C.373 “Principal office” defined. (NRS 645C.210) “Principal office” means the headquarters or main office of an appraisal management company.

(Added to NAC by Comm’n of Appraisers of Real Estate by R091-09, eff. 4-20-2010)

NAC 645C.375 Applicability: Assignment of more than nine appraisals annually to independent contractors in this State. (NRS 645C.210, 645C.600) For the purposes of subsection 2 of NRS 645C.600, an appraisal management company enters into more than nine contracts annually with independent contractors in this State if, pursuant to a contract or contracts, the appraisal management company assigns more than nine appraisals annually to independent contractors in this State.

(Added to NAC by Comm’n of Appraisers of Real Estate by R091-09, eff. 4-20-2010)

NAC 645C.377 Application for initial registration. (NRS 645C.210, 645C.650, 645C.655, 645C.670)

1. An application for the initial registration of an appraisal management company provided by the Division must include the following information:

(a) The name, residence address and business address of the applicant.

(b) The name under which the applicant will conduct business as an appraisal management company.

(d) The address of each branch office of the applicant.

(e) If the applicant is a natural person, the social security number of the applicant.

(f) If the applicant is not a natural person:

(1) The name, residence address, business address and social security number of each person who will have an interest in the applicant as a principal, general partner, director, officer or trustee; and

(2) The name of the qualified employee designated by the applicant.

(g) Such other pertinent information as the Division may require.

2. The application must be accompanied by:

(a) A complete set of the fingerprints of the applicant or, if the applicant is not a natural person, a complete set of the fingerprints of each person who will have an interest in the applicant as a principal, partner, officer, director or trustee, and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; or

(b) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background.

3. In addition to the information required by subsection 2, the application must be accompanied by the following:

(a) A recent photograph of the applicant or, if the applicant is not a natural person, a recent photograph of each person who will have an interest in the applicant as a principal, partner, director, officer or trustee.

(b) The certifications required by NRS 645C.650.

(d) If the applicant uses an appraiser fee schedule, a copy of the appraiser fee schedule.

4. As used in this section, “qualified employee” means a natural person who is a principal, general partner, director, officer, manager or registered agent of an appraisal management company and who is designated by the appraisal management company to act on its behalf.

(Added to NAC by Comm’n of Appraisers of Real Estate by R091-09, eff. 4-20-2010)

NAC 645C.379 Application for renewal of registration. (NRS 645C.210, 645C.655, 645C.665)

1. To renew a registration as an appraisal management company, a registrant must submit to the Division:

(a) An application for renewal furnished by the Division;

(b) The information required by NRS 645C.665;

(d) The renewal fee required by NAC 645C.381.

2. An application for renewal and the renewal fee must be received by the Division on or before the expiration date of the registration. If the application for renewal and renewal fee are not received by the Division on or before the expiration date of the registration, the registration expires and the person who held the registration must comply with the provisions of NAC 645C.377 in order to obtain a registration.

(Added to NAC by Comm’n of Appraisers of Real Estate by R091-09, eff. 4-20-2010)

NAC 645C.381 Application fees. (NRS 645C.210, 645C.680)

1. At the time an applicant submits an application for the issuance or renewal of a registration as an appraisal management company, the Division shall collect:

(a) For the issuance of an initial registration, a fee of $2,500 and an additional fee of $100 for each branch office of the applicant.

(b) For the renewal of a registration, a fee of $500 and an additional fee of $100 for each branch office of the applicant.

2. The registration fees prescribed by this section are nonrefundable.

(Added to NAC by Comm’n of Appraisers of Real Estate by R091-09, eff. 4-20-2010)

NAC 645C.383 Registration of branch office expires on same day as registration of appraisal management company. (NRS 645C.210) The registration of a branch office of an appraisal management company expires on the same day as the registration of the appraisal management company.

(Added to NAC by Comm’n of Appraisers of Real Estate by R091-09, eff. 4-20-2010)

NAC 645C.385 Notification of change of address of principal office or branch office; cancellation of registration for failure to report. (NRS 645C.210)

1. An appraisal management company shall notify the Division in writing of any change in the address of its principal office or any branch office within 10 days after the change.

2. If the Division determines that an appraisal management company has discontinued business at its principal office or any branch office, and the discontinuation has not been reported to the Division by the appraisal management company, the Division may cancel the registration of the appraisal management company.

(Added to NAC by Comm’n of Appraisers of Real Estate by R091-09, eff. 4-20-2010)

NAC 645C.387 Appraisal management company to establish process to review work of independent contractors. (NRS 645C.210, 645C.650)

1. An appraisal management company shall establish and maintain a process to review the work of each independent contractor who provides services to the appraisal management company to ensure that those services are conducted in accordance with the USPAP.

2. The review process required by this section must include the review of the work of each independent contractor who provides services to the appraisal management company by a person who is a licensed appraiser or certified appraiser in good standing in this State.

(Added to NAC by Comm’n of Appraisers of Real Estate by R091-09, eff. 4-20-2010)

NAC 645C.389 Disclosure of money paid to appraiser and retained by appraisal management company. (NRS 645C.210)

1. An appraisal management company shall disclose to an appraiser who has performed an appraisal as an independent contractor for the appraisal management company the total amount of money, expressed as a dollar amount:

(a) Paid to the appraiser; and

(b) Retained by the appraisal management company,

Ê in connection with the appraisal.

2. An appraiser who has performed an appraisal assignment for an appraisal management company shall disclose in the body of the appraisal report prepared by the appraiser the total amount of money, expressed as a dollar amount:

(a) Paid to the appraiser; and

(b) Retained by the appraisal management company,

Ê in connection with the appraisal.

(Added to NAC by Comm’n of Appraisers of Real Estate by R091-09, eff. 4-20-2010)

NAC 645C.391 Notice to Division of location of records; record of requests for appraisal services. (NRS 645C.210, 645C.650)

1. An appraisal management company shall give written notice to the Division of the exact location of the records of the appraisal management company and may not remove the records until the appraisal management company has delivered a notice which informs the Division of the new location of the records.

2. An appraisal management company shall maintain a detailed record of each request for appraisal services it receives and the appraiser who fulfills the request. The record must include the license or certificate number of the appraiser who fulfills the request for appraisal services.

(Added to NAC by Comm’n of Appraisers of Real Estate by R091-09, eff. 4-20-2010)

STANDARDS OF PRACTICE

NAC 645C.400 Adoption of professional standards by reference; review of revisions. (NRS 645C.210)

1. The Commission hereby adopts by reference the Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of The Appraisal Foundation, 2006 edition. The Uniform Standards of Professional Appraisal Practice may be obtained from The Appraisal Foundation, Distribution Center, P.O. Box 381, Annapolis Junction, Maryland 20701-0381, for the price of $30.

2. If the publication adopted by reference pursuant to subsection 1 is revised, the Commission will review the revision to determine its suitability for this State. If the Commission determines that the revision is not suitable for this State, the Commission will hold a public hearing to review its determination and give notice of that hearing within 30 days after the date of the publication of the revision. If, after the hearing, the Commission does not revise its determination, the Commission will give notice that the revision is not suitable for this State within 30 days after the hearing. If the Commission does not give such notice, the revision becomes part of the publication adopted by reference pursuant to subsection 1.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R017-98, 10-23-98; R100-03, 1-30-2004; R158-05, 9-18-2006)

NAC 645C.405 Determination of unprofessional conduct or professional incompetence of licensed or certified appraiser or registered intern. (NRS 645C.210, 645C.460) In determining whether a licensed or certified appraiser or registered intern is guilty of unprofessional conduct or professional incompetence, the Commission will consider, among other things, whether the appraiser or intern:

1. Has failed to prepare an appraisal in compliance with the USPAP;

2. Has done his or her utmost to protect the public against fraud, misrepresentation or unethical practices related to real estate or appraisals;

3. Has ascertained all pertinent facts that may be reasonably ascertained concerning any property for which he or she prepares an appraisal;

4. Has attempted to make an appraisal of any property outside of his or her field of experience or competence without the assistance of a qualified authority, unless the facts of his or her lack of experience or competence are fully disclosed in writing to his or her client;

5. Has adequately documented any required disclosures of his or her interest in any property with which the appraiser or intern is dealing;

6. Has kept informed of current statutes and regulations governing appraisals, real estate, time shares and related fields in which he or she provides appraisal services;

7. Properly applies federal and state laws governing the protection of customers;

8. Has acquired knowledge of all material facts that are reasonably ascertainable and are of customary or express concern and has conveyed that knowledge to his or her client; and

9. Has completed an appraisal assignment for an appraisal management company that is not registered in this State with the knowledge that the appraisal management company is not registered in this State.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R017-98, 10-23-98; R100-03, 1-30-2004; R158-05, 9-18-2006; R091-09, 4-20-2010)

NAC 645C.415 Advertising. (NRS 645C.210)

1. In any advertisement through which a licensee or holder of a certificate offers to perform services for which a license or certificate is required by chapter 645C of NRS, he or she shall disclose:

(a) The name under which he or she is licensed or certified;

(b) The name under which he or she does business; and

2. An intern may not advertise solely under his or her own name when acting in the capacity of an intern. All such advertising must be under the direct supervision of and in the name of the supervisory appraiser with whom the intern is associated.

3. Any form of advertisement used by an appraiser may not contain any misrepresentations or misleading information.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R017-98, 10-23-98; R100-03, 1-30-2004)

NAC 645C.425 Disclosure of status in transactions concerning real property. (NRS 645C.210) A licensed or certified appraiser or registered intern shall not acquire or dispose of any real property or an interest in any real property for himself or herself, any member of his or her immediate family, his or her firm, or any member thereof, or any entity in which he or she has an interest as owner unless he or she first discloses in writing to each party to the transaction that he or she is a licensed or certified appraiser or registered intern. The disclosure must be made even though the appraiser is on inactive status.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91)

NAC 645C.430 Maintenance and inspection of records. (NRS 645C.210, 645C.400)

1. An appraiser shall keep a copy of the appraisal report, work file and any other pertinent information relating to each appraisal the appraiser conducts for at least 5 years after the completion of the appraisal. Only one set of files need be maintained, but the information must be available to all participating appraisers.

2. If a citizen’s complaint or a formal complaint is filed, the Division may require an appraiser to maintain all records relating to the complaint until the issue is resolved.

3. All appraisals conducted by an appraiser must be numbered consecutively or indexed to permit an audit by a representative of the Division.

4. The appraisal report, work file and other pertinent information relating to an appraisal must be open to inspection and audit by the Division upon its request during its usual business hours, as well as other hours during which the appraiser regularly conducts his or her business.

5. The appraiser shall give written notice to the Division of the exact location of the appraiser’s records and may not remove them until he or she has delivered a notice which informs the Division of the new location.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90)

NAC 645C.440 Cooperation in inspections and audits. (NRS 645C.210) An appraiser, appraisal management company or intern shall, upon demand, provide the Division with the documents and the permission necessary to complete fully an inspection and audit of the records of the appraiser, appraisal management company or intern.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A by R091-09, 4-20-2010)

NAC 645C.450 Correction of deficiencies: Notice; time; failure to comply. (NRS 645C.210)

1. The Division may grant any appraiser, appraisal management company or intern up to 10 calendar days to correct any deficiency involving advertising, the location of the business of the appraiser, appraisal management company or intern, the office operation of the appraiser, appraisal management company or intern or an appraiser’s sign. A notice of the deficiency and a request to correct a deficiency must be mailed to the licensee, holder of a certificate or holder of a registration as an appraisal management company. Failure to comply with the request may be grounds for the suspension or revocation of a license or certificate or a registration as an appraisal management company. The notice must be sent on a form provided by the Division and state the deficiencies or violations, the recommended action and the date by which the deficiencies must be corrected.

2. The Division may grant an extension for a definite time to correct the deficiency whenever the correction may, practicably, require additional time.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R091-09, 4-20-2010)

PRACTICE BEFORE THE COMMISSION OF APPRAISERS OF REAL ESTATE

NAC 645C.475 Petitions to adopt, file, amend or repeal regulations. (NRS 645C.210)

1. Any person may by petition request the Commission to adopt, file, amend or repeal a regulation. The petition must include:

(a) The name and address of the petitioner;

(b) A clear and concise statement of the proposed language of the regulation to be adopted, filed, amended or repealed, as applicable;

(d) The statutory authority for the adoption, filing, amendment or repeal of the regulation.

2. The Commission may refuse to act upon a petition for the adoption, filing, amendment or repeal of a regulation if the petition does not contain the information required by subsection 1.

3. The Commission will review a petition at the next feasible scheduled meeting following receipt of the petition.

4. The Commission will notify the petitioner in writing of its decision with regard to the petition within 30 days after the petition is considered by the Commission.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A by R158-05, 9-18-2006)

NAC 645C.480 Form for citizens’ complaints; investigations; procedure following investigation. (NRS 645C.210)

1. The Division shall prepare a standard form or affidavit for use in making a citizen’s complaint. This form may require any information the Division considers pertinent.

2. If a citizen’s complaint is made or the Division requests an investigation of an appraiser, the Administrator shall appoint a member of the staff of the Division to investigate any action of an appraiser which appears to violate a provision of chapter 116, 119, 119A, 645, 645C or 645D of NRS or the regulations adopted pursuant thereto. An investigation that is initiated by a complaint need not be limited to the matter in the complaint.

3. The Division may accept written anonymous complaints. If an anonymous complaint includes sufficient information indicating that a violation of any provision of chapter 116, 119, 119A, 645, 645C or 645D of NRS, or of any regulation adopted pursuant thereto, has likely occurred, the Administrator shall appoint a member of the staff of the Division to investigate the complaint. Such an investigation is not limited to the matter in the complaint.

4. An appraiser or intern shall disclose all facts and documents pertinent to an investigation to members of the Division’s staff conducting the investigation.

5. A person appointed to investigate a matter pursuant to this section shall submit a written report to the Administrator which describes the results of the investigation.

6. The Administrator shall review a report submitted pursuant to subsection 5 and based upon the review shall:

(a) Create an advisory committee to review the matter that is the subject of the investigation pursuant to NAC 645C.600, if the appraiser who is the subject of the investigation agrees to participate in an informal conference with an advisory committee;

(b) Schedule a hearing that must be conducted pursuant to NAC 645C.500; or

(c) Negotiate a resolution of the matter with the appraiser who is the subject of the investigation, which may include, without limitation, the disciplinary actions described in subsection 2 of NRS 645C.460 and an agreement for the voluntary surrender of a license or certificate in lieu of disciplinary action. A resolution negotiated pursuant to this paragraph is subject to the approval of the Commission.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A by R036-00, 5-4-2000; R119-00, 9-25-2000; R100-03, 1-30-2004) — (Substituted in revision for NAC 645C.445)

NAC 645C.485 Amendment and withdrawal of complaints. (NRS 645C.210)

1. A complaint may be amended at any time.

2. The Commission will grant a continuance if the amendment materially alters the complaint or a respondent demonstrates an inability to prepare for the case in a timely manner.

3. A complaint may be withdrawn at any time before the hearing begins.

(Added to NAC by Comm’n of Appraisers of Real Estate by R100-03, eff. 1-30-2004)

NAC 645C.490 Motions. (NRS 645C.210)

1. All motions, unless made during a hearing, must be in writing.

2. A written motion must be served on the opposing party and the Commission at least 10 working days before the time set for the hearing on the motion.

3. An opposing party may file a written response to a motion within 7 working days after the receipt of the motion by serving the written response on all parties and the Commission, except that a written response may be filed less than 3 working days before the time set for the hearing on the motion only with the permission of the Commission upon good cause shown.

4. The Commission may require oral argument or the submission of additional information or evidence to decide the motion.

5. The President of the Commission may decide a motion submitted to the Commission before the hearing begins.

(Added to NAC by Comm’n of Appraisers of Real Estate by R100-03, eff. 1-30-2004)

NAC 645C.493 Submission or exclusion of documentary evidence of respondent. (NRS 645C.210)

1. Not less than 5 working days before a hearing before the Commission, the respondent must provide to the Division a copy of all documents that are reasonably available to the respondent which the respondent reasonably anticipates will be used in support of his or her position. The respondent shall promptly supplement and update any such documents.

2. The respondent shall provide, at the time of the hearing, 10 copies of each document he or she wishes to have admitted into evidence at the hearing.

3. If the respondent fails to provide any document required to be provided by the provisions of this section, the Commission may exclude the document.

(Added to NAC by Comm’n of Appraisers of Real Estate by R100-03, eff. 1-30-2004)

NAC 645C.497 Rules of evidence. (NRS 645C.210)

1. In conducting any investigation, inquiry or hearing, the Commission is not bound by the technical rules of evidence, and any informality in any proceeding or in the manner of taking testimony will not invalidate any order or decision of the Commission. The rules of evidence of courts of this State will be followed generally but may be relaxed at the discretion of the presiding officer or Commission if deviation from the technical rules of evidence will aid in determining the facts.

2. Any evidence offered at the hearing must be material and relevant to the issues of the hearing.

3. The Commission may exclude inadmissible, incompetent, repetitious or irrelevant evidence or order that the presentation of that evidence be discontinued.

4. A party who objects to the introduction of evidence shall briefly state the grounds of the objection at the time the evidence is offered. The party who offers the evidence may present rebuttal evidence.

5. If an objection is made to the admissibility of evidence, the Commission may:

(a) Note the objection and admit the evidence;

(b) Sustain the objection and refuse to admit the evidence; or

(Added to NAC by Comm’n of Appraisers of Real Estate by R100-03, eff. 1-30-2004)

NAC 645C.500 Hearings: Procedure; date of decision; default. (NRS 645C.210)

1. The presiding officer of a hearing shall:

(a) Ascertain whether all persons ordered to appear under subpoena are present, and whether all documents, books, records and other evidence under subpoena are present in the hearing room.

(b) Administer the oath to the reporter as follows:

Do you solemnly swear or affirm that you will report this hearing to the best of your stenographic ability?

Do you and each of you solemnly swear or affirm to tell the truth and nothing but the truth in these proceedings?

(d) Ascertain whether either party desires to have a witness excluded from the hearing room until he or she is called. A witness may be excluded upon the motion of the Commission or upon the motion of either party.

(e) Ascertain whether a copy of the formal complaint or decision to deny has been filed and whether an answer has been filed as part of the record in the proceedings.

(f) Request the Division to proceed with the presentation of its case.

2. The Division may not submit any evidence to the Commission before the hearing except for the formal complaint and answer.

3. The respondent may cross-examine witnesses in the order that the Division presents them.

4. Witnesses or counsel may be questioned by the members of the Commission at any time during the proceeding.

5. Evidence which will be introduced must first be marked for identification.

6. When the Division has completed its presentation, the presiding officer shall request the respondent to proceed with the introduction of evidence and calling of witnesses on his or her behalf.

7. The Division may cross-examine witnesses in the order that the respondent presents them.

8. When the respondent has completed his or her presentation, the Division may call any rebuttal witnesses.

9. When all testimony for the Division and respondent has been given and all evidence submitted, the presiding officer may request the Division and the respondent to summarize their presentations.

10. The presiding officer shall indicate for the record that the hearing is terminated, and that the Commission will issue a decision after considering all the evidence. After presentation of the case by the Division and the respondent and closing arguments by either party, if any, a recess may be ordered.

11. The date of decision is the date the written decision is signed by a Commissioner or filed with the Commission, whichever occurs later in time.

12. In the absence of the President of the Commission, any matter which must be acted upon may be submitted to the Vice President or to the Secretary.

13. Upon the presentation of evidence that the respondent received notice of the hearing and has not filed an answer within the time prescribed pursuant to NRS 645C.510, his or her default may be entered and a decision may be issued based upon the allegations of the complaint.

14. The formal complaint, a certified copy of the appraisal and the notice of hearing will be placed in evidence.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A by R100-03, 1-30-2004)

NAC 645C.502 Hearings: Failure of party to appear. (NRS 645C.210) If a party fails to appear at a hearing scheduled by the Commission and a continuance has not been requested or granted, upon an offer of proof by the Division that the absent party was given proper notice and upon a determination by the Commission that proper notice was given, the Commission may proceed to consider the case without the participation of the absent party and may dispose of the matter on the basis of the evidence before it. If the respondent fails to appear at the hearing or fails to reply to the notice, the charges specified in the complaint may be considered as true.

(Added to NAC by Comm’n of Appraisers of Real Estate by R100-03, eff. 1-30-2004)

NAC 645C.505 Hearings: Procedures for rehearings. (NRS 645C.210) The following procedures will be used for a rehearing in a case where a ruling or decision of the Commission is against a licensee or holder of a certificate:

1. The licensee or holder of a certificate may, within 15 calendar days after receipt of the decision, petition the Commission for a rehearing.

2. The petition does not stay any decision of the Commission unless the Commission so orders.

3. The petition must state with particularity the point of law or fact which, in the opinion of the licensee or holder of a certificate, the Commission has overlooked or misconstrued and must contain every argument in support of the application that the licensee or holder of a certificate desires to present.

4. Oral argument in support of the petition is not permitted.

5. The Division may file and serve an answer to a petition for a rehearing within 10 calendar days after it has received service of the petition.

6. If a petition for rehearing is filed and the Commission is not scheduled to meet before the effective date of the penalty, the Division may stay enforcement of the decision being appealed. When determining whether a stay is to be granted, the Division shall determine whether the petition was filed in a timely manner and whether it alleges a cause or ground which may entitle the licensee or holder of a certificate to a rehearing.

7. A rehearing may be granted by the Commission for any of the following causes or grounds:

(a) Irregularity in the proceedings in the original hearing.

(b) Accident or surprise which ordinary prudence could not have guarded against.

(c) Newly discovered evidence of a material nature which the applicant could not with reasonable diligence have discovered and produced at the original hearing.

(d) Error in law occurring at the hearing and objected to by the applicant during the earlier hearing.

8. A petition for a rehearing may not exceed 10 pages of standard printing.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004)

NAC 645C.510 Hearings: Continuances. (NRS 645C.210)

1. The time of a hearing before the Commission may be continued by the Commission upon the written petition of the licensee or holder of a certificate or upon the written petition of the Division, for good cause shown, or by stipulation of the parties to the hearing.

2. A continuance will not be granted on the grounds that the attorney for the licensee or holder of a certificate has not had an opportunity to review the case unless the attorney was given the case by the licensee or holder of a certificate less than 15 calendar days before the hearing.

3. A continuance will not be granted unless it is made in good faith and not merely for delay.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91)

ADVISORY COMMITTEE

NAC 645C.600 Establishment; appointment, rights and duties of members. (NRS 645C.210)

1. The Commission may establish an advisory committee to assist the Commission with any matter that the Commission determines to be appropriate for submission to an advisory committee.

2. The Administrator may establish an advisory committee to assist the Administrator in the review of a matter that is the subject of an investigation conducted pursuant to NAC 645C.480 if the appraiser who is the subject of the investigation agrees to participate in an informal review of the matter with the advisory committee.

3. The Commission will create and maintain a list of persons who are approved by the Commission to serve on an advisory committee. A person approved to serve on an advisory committee must meet the qualifications for appointment to the Commission set forth in subsection 1 of NRS 645C.190.

4. If the Administrator or the Commission determines that an advisory committee should be formed, the Administrator shall appoint three persons to serve on the advisory committee from the list of persons approved by the Commission to serve on the advisory committee. At least one of the persons appointed must be a current or former member of the Commission. The Administrator shall appoint one member of the advisory committee who is a current or former member of the Commission to serve as chair of the advisory committee.

5. A member of an advisory committee:

(a) Serves at the pleasure of the Commission and without compensation;

(b) Shall abstain from participating in any proceeding in which the member of the advisory committee would be prohibited from participating if he or she were a member of the Commission; and

(c) Shall not testify before the Commission on any substantive matter relating to an informal conference in which the member of the advisory committee has participated.

6. Each member of an advisory committee is entitled to receive a per diem allowance and travel expenses as provided for state officers and employees generally for the period during which the member was engaged in the discharge of his or her official duties.

(Added to NAC by Comm’n of Appraisers of Real Estate by R119-00, eff. 9-25-2000)

NAC 645C.610 Duties of committee; action by Administrator. (NRS 645C.210)

1. An advisory committee which is established to assist the Administrator with the review of a matter that is the subject of an investigation conducted pursuant to NAC 645C.480 shall:

(a) Review the written report submitted by an investigator pursuant to NAC 645C.480, if available, and any other information that is relevant to the matter to determine whether there is probable cause to show that the appraiser who is the subject of the investigation has violated a provision of chapter 645C of NRS or the regulations adopted pursuant thereto;

(b) Hold an informal conference in accordance with NAC 645C.620;

(c) Work with the appraiser who is the subject of the investigation to attempt to arrive at a recommendation for resolution of the matter which is the subject of the investigation; and

(d) Submit a recommendation for resolution of the matter to the Administrator or recommend that the matter be submitted to the Commission.

2. If the Administrator and the appraiser who is the subject of the investigation accept the advisory committee’s recommendation for resolution of the matter, the Administrator shall enter into a written agreement with the appraiser who is the subject of the investigation which must contain the terms of the resolution recommended by the advisory committee. If the agreement provides for disciplinary action that is authorized pursuant to NRS 645C.460, the Administrator may impose the discipline on behalf of the Commission.

3. If disciplinary action is taken pursuant to this section against an appraiser who is the subject of an investigation, the Administrator shall file with the Commission a written summary of the facts and disciplinary actions taken against the appraiser.

4. If the Administrator or the appraiser who is the subject of the investigation does not accept the advisory committee’s recommendation for resolution of the matter, the Administrator shall:

(a) Schedule a hearing which must be conducted pursuant to NAC 645C.500; or

(b) Negotiate a resolution of the matter with the appraiser who is the subject of the investigation, which may include, without limitation, the disciplinary actions described in subsection 2 of NRS 645C.460. A resolution negotiated pursuant to this paragraph is subject to the approval of the Commission.

(Added to NAC by Comm’n of Appraisers of Real Estate by R119-00, eff. 9-25-2000)

NAC 645C.620 Informal conference: Notification; procedure; report to Administrator. (NRS 645C.210)

1. If an advisory committee is established to assist the Administrator with the review of an investigation conducted pursuant to NAC 645C.480, the Administrator shall schedule an informal conference between the advisory committee and the appraiser who is the subject of the investigation. The Administrator shall provide written notice of the time and place of the conference to:

(a) Each member of the advisory committee;

(b) The appraiser who is the subject of the investigation; and

2. The advisory committee may request the attendance at an informal conference of any person whom the advisory committee believes to have information that is relevant to the matter.

3. When conducting an informal conference, an advisory committee:

(a) May consider all evidence that it deems relevant to the investigation;

(b) Shall rule on the admissibility of evidence;

(d) Need not follow the rules of admissibility of evidence that a court must follow.

4. The chair of an advisory committee shall file a written report with the Administrator that explains the results of the informal conference within 30 days after the conclusion of the informal conference.

5. Except as otherwise provided in NRS 645C.220 and 645C.225, a report filed pursuant to subsection 4 and all proceedings before an advisory committee are and must remain confidential.

(Added to NAC by Comm’n of Appraisers of Real Estate by R119-00, eff. 9-25-2000; A by R064-07, 1-30-2008)

DISCIPLINARY ACTION

NAC 645C.700 Grounds for denial of application; appeal of denial. (NRS 645C.210, 645C.320, 645C.370)

1. The Division may deny any application for a license or certificate or an application for registration as an appraisal management company when one or more of the following conditions exist:

(a) The application is not in the proper form.

(b) The proper fees are not enclosed.

(d) The application contains a false statement.

(e) Any other deficiencies appear in the application.

(f) An investigation fails to show affirmatively that the applicant possesses the necessary qualifications.

(g) The applicant has willfully acted or attempted to act in violation of any provision of chapter 116, 119, 119A, 645, 645A, 645C or 645D of NRS or the regulations adopted pursuant thereto, or has willfully aided and abetted another person to act or attempt to act in violation of any provision of those chapters or regulations.

(h) The applicant has had a license or certificate or a registration as an appraisal management company suspended or revoked in another state.

(i) The check or other negotiable instrument used in paying a fee for an examination, license or certificate is not honored by the financial institution upon which it was drawn.

2. An applicant whose application is denied by the Division may appeal the denial to the Commission as provided in NRS 645C.370. If the Commission reverses the original decision and determines that the petitioner qualifies for a license or certificate, the application may be accepted as of the date of its original submission and no additional fee will be charged.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004; R091-09, 4-20-2010) — (Substituted in revision for NAC 645C.070)

NAC 645C.705 Loss of license or certificate or registration as appraisal management company. (NRS 645C.210) If a license or certificate or a registration as an appraisal management company must be surrendered and it is not, the licensee or holder of the certificate or registration shall file an affidavit with the Division showing that the license, certificate or registration has been lost, destroyed or stolen. The affidavit must contain the licensee’s or holder’s promise to return the license, certificate or registration if it is recovered.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R091-09, 4-20-2010) — (Substituted in revision for NAC 645C.140)

NAC 645C.710 Disciplinary action for dishonor of instrument. (NRS 645C.210, 645C.463) A license, certificate, registration as an appraisal management company or registration card may be cancelled, revoked or suspended, or the licensee, holder of the certificate, holder of the registration as an appraisal management company or intern fined, if any instrument given to the Division is not honored by the financial institution upon which it is drawn.

(Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004; R091-09, 4-20-2010) — (Substituted in revision for NAC 645C.150)