BEFORE THE BOARD OF REAL ESTATE APPRAISERS

 DEPARTMENT OF LABOR AND INDUSTRY

                                                                         STATE OF MONTANA

 

In the matter of the amendment of ARM 24.207.401 fees and 24.207.402 USPAP

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On August 20, 2009, at 9:00 a.m., a public hearing will be held in room 439, 301 South Park Avenue, Helena, Montana to consider the proposed amendment of the above-stated rules.

 

            2.  The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice.  If you require an accommodation, contact the Board of Real Estate Appraisers (board) no later than 5:00 p.m., on August 14, 2009, to advise us of the nature of the accommodation that you need.  Please contact Barb McAlmond, Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2325; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2323; e-mail dlibsdrea@mt.gov.

 

            3.  The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

 

            24.207.401  FEES  (1) remains the same.

            (a)  original license application                                                           $400 $475

            (b)  address change or change of business                                             15 $45

            (c) remains the same.

            (d)  course approval per course payable by course provider            200 $300

            (e)  course renewal approval per course                                             100 $300

            (f)  upgrade or downgrade fee                                                              175 $300

            (g) remains the same.

            (h)  inactive license fee                                                                          100 $225

            (i) remains the same.

            (j)  license or certification renewal fee                                                  375 $475

            (k)  original trainee license                                                                    300 $400

            (l)  trainee renewal fee                                                                            300 $400

            (m) remains the same.

 

AUTH:  37-1-131, 37-1-134, 37-54-105, MCA

            IMP:     37-1-131, 37-1-134, 37-1-141, 37-54-105, 37-54-112, 37-54-202, 37-54-212, 37-54-302, 37-54-310, MCA

 

REASON:  The board determined it is reasonably necessary to amend the fees as proposed to comply with the provisions of 37-1-134, MCA, and to keep the board's fees commensurate with program costs.  The department, in providing administrative services to the board, has determined that the fees must be increased as proposed to cover appropriated expenditures.  The board estimates that approximately 593 persons will be affected by the proposed fee changes and will result in additional annual revenue of $60,625.  The board is amending the implementation cites to accurately reflect all statutes implemented through this rule.

 

            24.207.402  ADOPTION OF USPAP BY REFERENCE  (1)  Upon review of the publication known as Uniform Standards of Professional Appraisal Practice (USPAP), published by The Appraisal Foundation, the board adopts and incorporates by reference the 2008 2010 edition of USPAP.  The board adopts and incorporates by reference the advisory opinions listed as an addendum to the USPAP publication, for the purpose of explaining and interpreting professional appraisal practice standards as required by 37-54-105, MCA.

            (2)  Upon review of the publication known as USPAP Frequently Asked Questions (USPAP FAQ), published by The Appraisal Foundation, the board adopts and incorporates by reference the 2008 2010 edition of USPAP FAQ, for the purpose of explaining and interpreting the standards as provided by 37-54-105, MCA.

            (3) remains the same.

 

AUTH:  37-54-105, MCA

            IMP:     37-54-105, 37-54-403, MCA

 

REASON:  The board is amending this rule to update references to the most current versions of the professional standards and the frequently asked questions publication of the Appraisal Standards Board of The Appraisal Foundation, as required by 37-54-403, MCA.

 

            4.  Concerned persons may present their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to the Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2323, or by e-mail to dlibsdrea@mt.gov, and must be received no later than 5:00 p.m., August 28, 2009.

 

            5.  An electronic copy of this Notice of Public Hearing is available through the department and board's site on the World Wide Web at www.realestateappraiser.mt.gov.  The department strives to make the electronic copy of this Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered.  In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing or posting to the e-mail address do not excuse late submission of comments.

 

            6.  The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings.  The request must indicate whether e-mail or standard mail is preferred.  Such written request may be sent or delivered to the Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, faxed to the office at (406) 841-2323, e-mailed to dlibsdrea@mt.gov, or made by completing a request form at any rules hearing held by the agency.

 

            7.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            8.  Barb McAlmond, program manager, has been designated to preside over and conduct this hearing.

 

                                                                     BOARD OF REAL ESTATE APPRAISERS

                                                                     KRAIG KOSENA, CHAIRPERSON

 

/s/ DARCEE L. MOE                                 /s/ KEITH KELLY

Darcee L. Moe                                           Keith Kelly, Commissioner

Alternate Rule Reviewer                            DEPARTMENT OF LABOR AND INDUSTRY

 

 

 

            Certified to the Secretary of State July 20, 2009