(1) All applications for licensure for any real property appraiser classification shall be made on a printed form provided by the Board and no applications made otherwise will be accepted. Where space does not permit an applicant to present his record of experience, education or practice on the application form provided by the Board, the applicant may request additional forms or duplicate the experience and education record part of the application form. All forms must be signed and dated. Applications must be clearly typewritten in black suitable for photostatic copy and all questions must be answered. An application not properly completed, or not containing all of the information required, or not accompanied by the required fee will be returned with a statement of the reasons for return. The application shall be accompanied by an unmounted recognizable, recent photograph (one not more than six months old) of the applicant, with the date taken.

(2) Applications for licensure for any real property appraiser classification shall be subscribed and sworn to, on a form provided by the Board, before a notary public or other person qualified to administer oaths.

(3) The conditions set out in the application form and the Uniform Standards of Professional Practice shall be construed to be a part of the Rules and Regulations, Administrative Code of the Board.

(4) To allow time for processing, all applications for any real property appraiser classification shall be filed with the Board at least forty-five (45) days prior to the next scheduled meeting of the Board.

(5) Withholding information, misrepresentation, or untrue statements will be cause for denial of application.

(6) The Board requires an official transcript, or other evidence satisfactory to the Board of successful completion from each school where the applicant received credit.

Author: Alabama Real Estate Appraisers Board

Statutory Authority: Code of Ala. 1975, § 34-27A-5.

History: Emergency adoption filed February 15, 1991; effective February 18, 1991. Permanent adoption filed April 8, 1991; effective May 15, 1991. Amended: Filed June 18, 1992; effective July 23, 1992. Amended: Filed April 21, 1994. Emergency adoption: Filed May 5, 1994; effective June 1, 1994. Amended: Filed June 22, 1994; effective July 27, 1994.

780-X-3-.02 Applications From Non-Residents. Non-Alabama residents may apply for licensure for any real property appraiser classification provided:

(a) the applicant is a citizen of the United States or is an alien with permanent resident status;

(b) the applicant submits with the application an irrevocable consent appointing the executive director of the Board as agent for service of process as provided in Code of_Ala. 1975, § 34-27A-7(d)(3), if, in an action against the applicant in a court of this state arising out of the applicant's activities as a licensed or certified real estate appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant;

(c) the applicant agrees to be bound by all the provisions of the State of Alabama Real Estate Appraisers Act, and submits to the jurisdiction of the Board, and agrees to be subject to the investigations and disciplinary actions by the Board the same as Alabama resident real estate appraisers; and

(d) the applicant otherwise complies with the provisions of Alabama Real Estate Appraisers Act and the rules pertaining to the application and certification of resident real estate appraisers.

(e) Non-resident applicants who meet all the above requirements are not required to take the Alabama examination, provided Alabama has entered into a reciprocity agreement with the state in which the applicant is licensed. The non-resident applicant shall complete an Alabama application and provide the necessary information required by the Board. Necessary information includes, at a minimum, a certification from the resident state that the applicant holds a valid appraiser license or certification in good standing issued by the appraiser regulatory agency in the state as attested to by a statement under seal from the agency setting forth:

1. the type license or certification held by the applicant and the license or certification number;

2. the date of licensure or certification and the expiration date of the applicant's current license or certification;

3. a complete record of any disciplinary actions taken or pending against the applicant; and

4. payment of all fees.

Author: Alabama Real Estate Appraisers Board

Statutory Authority: Code of Ala. 1975, § § 34-27A-7(d)(3), 34-27A-14.

History: Emergency adoption filed February 15, 1991; effective February 18, 1991. Permanent adoption filed April 8, 1991; effective May 15, 1991. Amended: Filed June 18, 1992; effective July 23, 1992. Amended: Filed April 21, 1994. Emergency adoption: Filed May 5, 1994; effective June 1, 1994. Amended: Filed June 22, 1994; effective July 27, 1994.

History: Emergency adoption filed February 15, 1991; effective February 18, 1991. Permanent adoption filed April 8, 1991; effective May 15, 1991. Emergency repeal: Filed June 24, 1991; effective June 24, 1991. Permanent repeal: Filed September 26, 1991; effective October 31, 1991.

(1) Approved Applications - When the Board, after due consideration of an application and of information pertaining thereto, is satisfied that the applicant is eligible for licensure for any real property appraiser classification the applicant will be granted licensure or certification, and the applicant will be notified by the executive director.

(2) Deferred Applications - If an applicant's education or experience is considered inadequate upon Board review, but the Board believes he/she may meet the minimum legal requirements within one year, such application may be held by the Board for up to one year without approval or denial. Such applicant will be advised of the basis for holding his/her application, of additional information to be submitted, and of the approximate date on which his application will be formally considered again. If more than one additional year of experience or additional education is considered necessary, the application will be denied, and for further consideration, the applicant will be required to submit a new application after he has accrued the necessary qualifications.

(3) Denied Applications - When the Board, after due consideration of an application and of information pertaining thereto finds that the applicant is not eligible for licensure or certification under any section of the law, the applicant will be given notice of the denial, and shall be advised of the appellate procedures set forth in Rule 780-X-3-.05.

Author: Alabama Real Estate Appraisers Board

Statutory Authority: Code of Ala. 1975, § § 34-27A-5, 34-27A-7.

History: Emergency adoption filed February 15, 1991; effective February 18, 1991. Permanent adoption filed April 8, 1991; effective May 15, 1991. Emergency amendment: Filed June 24, 1991; effective June 24, 1991. Permanent amendment: Filed September 26, 1991; effective October 31, 1991. Amended: Filed April 21, 1994. Emergency adoption: Filed May 5, 1994; effective June 1, 1994. Amended: Filed June 22, 1994; effective July 27, 1994.

(1) A denied application may be reconsidered by the full Board, if notice of appeal is filed with the executive director within thirty (30) days after the applicant has been notified of the ruling of the Board.

(2) A hearing shall be held as soon as practicable after filing of the notice of appeal, or at such time agreed upon by stipulation between the applicant and the executive director.

(3) The hearing shall be held by at least a quorum of the Board, as defined in Code of Ala. 1975, § 34-27A-4.

(4) Evidence, including oral testimony, shall be freely admitted. The applicant shall be allowed to have counsel present if desired.

(5) The Board shall issue a final decision within thirty (30) days of the date of the hearing, which shall include findings of fact and official notice taken. The applicant shall be delivered a copy of the decision by first class mail.

(6) The decision of the Board may be appealed to the circuit court for Montgomery County, as provided in Code of Ala. 1975, § 34-27A-5, within thirty (30) days of the decision of the Board.

(7) The record on appeal shall be certified by the executive director of the Board, and shall include the entire record and transcript of the hearing.

Author: Alabama Real Estate Appraisers Board

Statutory Authority: Code of Ala. 1975, § 34-27A-5.

History: Emergency adoption: Filed June 24, 1991; effective June 24, 1991. Permanent adoption: Filed September 26, 1991; effective October 31, 1991. Amended: Filed April 21, 1994. Emergency adoption: Filed May 5, 1994; effective June 1, 1994. Amended: Filed June 22, 1994; effective July 27, 1994.