SUBCHAPTER 57B - REAL ESTATE APPRAISAL EDUCATION

SECTION .0100 - COURSES REQUIRED FOR REGISTRATION, LICENSURE AND CERTIFICATION

21 NCAC 57B .0101 REGISTERED TRAINEE COURSE REQUIREMENTS

(a) Each applicant for registration as a trainee shall meet the Real Property Appraiser Qualification Criteria as implemented by The Appraisal Foundation's Appraiser Qualifications Board.

(b) The Board shall approve all course sponsors, schools, and course content that qualify for credit. These courses shall be completed within the five-year period immediately preceding the date when application for registration is made to the Board by the applicant.

(c) Before the application may be granted by the Board, the applicant shall complete the supervisor-trainee course as set forth in 21 NCAC 57A .0407(d).

History Note: Authority G.S. 93E-1-6(a); 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. January 1, 2015; January 1, 2013; July 1, 2010; September 1, 2008; January 1, 2008; July 1, 2005; July 1, 2003; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. February 1, 2024; July 1, 2022; May 1, 2020.

21 NCAC 57B .0102 LICENSED RESIDENTIAL AND CERTIFIED RESIDENTIAL REAL ESTATE APPRAISER COURSE REQUIREMENTS

21 NCAC 57B .0103 CERTIFIED GENERAL REAL ESTATE APPRAISER COURSE REQUIREMENTS

History Note: Authority G.S. 93E-1-6(a); 93E-1-6(b); 93E-1-6(c); 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. January 1, 2015; July 1, 2014; January 1, 2013; July 1, 2010; September 1, 2008; January 1, 2008; March 1, 2007; July 1, 2005; July 1, 2003; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. March 21, 2019;

Repealed Eff. May 1, 2020.

21 NCAC 57B .0104 COURSE EXEMPTIONS FOR EQUIVALENT EDUCATION

History Note: Authority G.S. 93E-1-6(a); 93E-1-10;

Eff. July 1, 1994;

Repealed Eff. July 1, 2014.

SECTION .0200 – COURSE SPONSOR STANDARDS FOR PRELICENSING AND PRECERTIFICATION EDUCATION

21 NCAC 57B .0201 PURPOSE AND APPLICABILITY

This Section establishes criteria for approval and operational requirements for all real estate appraisal qualifying course sponsors and schools. These standards shall be satisfied in order for course sponsors and schools to obtain and maintain approval of their courses for appraiser qualifying education credit. Schools and course sponsors shall obtain course approval from the Board prior to conducting qualifying courses and prior to advertising or otherwise representing that a course is or may be approved for credit in North Carolina.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; September 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0202 APPLICATION FOR APPROVAL

Schools and other course sponsors seeking approval to conduct real estate appraisal qualifying courses shall make written application to the Board. The application form may be found on the Board's website at www.ncappraisalboard.org.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; September 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0203 CRITERIA FOR APPROVAL

Approval to conduct real estate appraisal qualifying courses shall be granted to a school or course sponsor when it is shown to the satisfaction of the Board that:

(1) the school or course sponsor has submitted a completed application form. The form may be found at the Board's website at www.ncappraisalboard.org;

(2) the school or course sponsor complies with the standards described in this Section; and

(3) the courses to be conducted comply with the standards described in Section .0300 of this Subchapter.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; September 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0204 Facilities and Equipment

(a) Classrooms shall be of sufficient size to accommodate comfortably all students enrolled in a course, shall have adequate light, heat, cooling and ventilation and shall be free of distractions which would disrupt class sessions.

(b) Classrooms shall contain a student desk or worktable space for each student that contains sufficient area for each student.

(c) Sponsors are required to comply with all applicable local, state and federal laws and regulations regarding safety, health and sanitation. Sponsors shall furnish the Board with inspection reports from appropriate local building, health and fire inspectors upon the request of the Board.

(d) Sponsors must supply separate restroom facilities for males and females.

(e) Classes may not be held in a personal residence under any circumstances.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. January 1, 2008; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0205 ENROLLMENT CONTRACTS

Schools and course sponsors shall execute a written contract with each student enrolled and shall provide a copy of such contract to the student. Such contract shall state the amount of tuition and fees paid, the school's policy regarding refund of tuition and fees, and the title and dates of the courses for which the student is enrolled.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 ncac 57b .0206 ADMISSIONS POLICY AND PRACTICE

Schools and course sponsors shall not discriminate in their admissions policy, practice or general operations against any person on the basis of age, sex, race, color, creed, national origin, religious preference or handicap. A statement to this effect shall be included in all bulletins, catalogues or similar official publications.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0207 ADMINISTRATION

One person shall be designated as the Director for each approved school or course sponsor and shall be responsible for administrative matters such as program development, scheduling of classes, advertising, maintenance of facilities and equipment, record keeping, and general supervision of the instruction program. The director shall ensure that the policies and general operations of the school or course sponsor comply with the provisions of Sections .0200 and .0300 of this Subchapter. The Director shall meet the fitness standards for applicants for trainee registration or appraiser licensure or certification. The Director shall:

(1) have a baccalaureate or higher degree in the field of education; or

(2) have at least two years full time experience within the past 10 years as an instructor or school administrator; or

(3) meet the minimum appraisal education and experience qualifications listed in 21 NCAC 57B .0306 to teach either the residential or general appraisal precertification courses; or

(4) possess qualifications which are found by the Board to be substantially equivalent to Item (1), (2), or (3) of this Rule.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; September 1, 2008; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0208 ACCOMMODATIONS FOR PERSONS WITH DISABILITIES

The Board may suspend, revoke, or deny renewal of approval of a real estate school or course sponsor to conduct appraiser qualifying courses upon finding that any court of competent jurisdiction has found the school or course sponsor official or instructor in the employ of the school or course sponsor to be in violation of any applicable federal or state law or regulation prohibiting discrimination on the basis of disability, requiring that courses related to certification for professional or trade purposes be offered in a place and manner accessible to persons with disabilities.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; September 1, 2008; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0209 Certification of Course Completion

Approved schools or course sponsors must provide each passing student with a course completion certificate. Certificates of course completion shall be on a document bearing the letterhead or insignia of the school or course sponsor and shall have the signature or signature stamp of the school or course sponsor director. A student who has taken a qualifying course, other than the 15 hour National USPAP course, for continuing education credit and who does not pass the examination shall not be given a course completion certificate, but shall be given a certificate of attendance for the course, provided that the student complies with the provisions of 21 NCAC 57B .0303. Either certificate is valid to obtain continuing education credit, in accordance with 21 NCAC 57B .0604.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; September 1, 2008; January 1, 2008; July 1, 2005; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0210 Course Records

Schools and course sponsors shall:

(1) retain on file for five years copies of all grade and attendance records for each approved course and shall make such records available to the Board upon request;

(2) retain on file for two years a master copy of each final course examination, which shall include the answer key, course title, course dates, and name of instructor. Examination file copies shall be made available to the Board upon request;

(3) within 15 days of course completion, submit to the Board a roster of all students who completed the course; and

(4) provide each student with contact information for the Appraisal Board so that students may contact the Board with questions or concerns regarding the course.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. January 1, 2013; January 1, 2008; March 1, 2007; July 1, 2005; July 1, 2003; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. July 1, 2022.

21 NCAC 57B .0211 Program Changes

Approved schools and course sponsors must notify the Board of any changes to be made with respect to course content, course completion standards, instructors, school director or textbooks as prescribed in Section .0300 of this Subchapter. Requests for approval of such changes must be in writing, and must be sent to the Board at least 15 calendar days before the proposed change would take effect. In the event of an emergency, such as the disability, death or unforeseen departure of the instructor or school director, where it is not possible to request approval of a change at least 15 days in advance, the school must request such change immediately but no later than the end of the next business day via fax, telephone or other electronic means.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. March 1, 2006; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0212 WITHDRAWAL OR DENIAL OF BOARD APPROVAL

The Board may deny or withdraw approval of any school or course sponsor upon finding that:

(1) the school or course sponsor director has refused or failed to comply with any of the provisions of Sections .0200 and .0300 of this Subchapter;

(2) the school or course sponsor has made any false statements or presented any false information in connection with an application for Board approval or renewal of the sponsor or its courses; or

(3) the school or course sponsor director has performed any act which constitutes improper, fraudulent, or dishonest conduct.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

SECTION .0300 – COURSE STANDARDS FOR PRELICENSING AND PRECERTIFICATION EDUCATION

21 NCAC 57B .0301 PURPOSE

This Section establishes minimum standards for real estate appraisal qualifying courses prescribed by G.S. 93E-1-6(a).

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; September 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0302 COURSE CONTENT

(a) All courses shall consist of instruction in the subject areas outlined in the Appraiser Qualification Board's Guide Note 1. Guide Note 1 may be accessed at the Appraisal Foundation website at www.appraisalfoundation.org.

(b) Partial credit shall be awarded when only part of the course covers the subject areas outlined in Appraiser Qualification Board's Guide Note 1.

(c) On or before the first class meeting day of the Basic Appraisal Principles course, the instructor shall give to each student a handout prepared by the Board regarding the trainee registration process and the process to upgrade to a licensed or certified appraiser. The student handout may be accessed on the Board's website at www.ncappraisalboard.org.

History Note: Authority G.S. 93E-1-6; 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; September 1, 2008; January 1, 2008; July 1, 2005; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. May 1, 2020; September 1, 2019.

21 NCAC 57B .0303 COURSE COMPLETION STANDARDS

(a) Academic standards for course completion shall assure that students receiving a passing grade possess knowledge and understanding of the subject areas prescribed for the course. A student's grade shall be based on his or her performance on examinations, graded homework, and class work assignments.

(b) Course completion requirements shall include a comprehensive final examination that accounts for at least 50 percent of a student's grade for the course. Open book final examinations shall be prohibited. Schools and course sponsors may, within 90 days of the course ending date, allow a student one opportunity to make up any missed course examination or to retake any failed course examination without repeating the course; however, any make up examination shall be comparable to the initial examination with regard to the number of questions and overall difficulty, and at least 75 percent of the questions in the make up examination shall be different from those used in the initial examination.

(1) require photographic identification from the applicant, such as a driver's license or a passport;

(2) not allow a student to bring any personal items such as a backpack, purse, briefcase, or device that would enable the student to access the internet during the examination; and

(3) be the school or course sponsor director, an employee of the school or course sponsor, or the instructor for the course. If a director, employee, or instructor is not available to proctor the examination, the school or course sponsor shall employ an official to serve as a proctor. Officials that may serve as proctors include a public librarian, notary public, attorney, police officer, or teacher. A proctor shall not be a family member or friend of a student unless that person is the director, an employee, or an instructor of the school or the course sponsor.

(d) If the final examination is proctored remotely, the proctor shall ensure that it is a closed book exam with no study materials available during the exam, through continuously observing the student remotely from a web camera or through use of software with bio-metric proctoring.

(e) The instructor may offer additional hours of instruction so that students may make up lost hours of instruction.

(f) Students who are taking a qualifying course, other than the 15 hour National USPAP course, for continuing education credit, may sit for the final course examination, but they shall not be required to pass the examination in order to receive continuing education credit. Students who take and pass the examination, and who comply with the provisions of this Rule shall be given a course completion certificate. Students who do not take and pass the examination but who otherwise comply with the provisions of this Rule shall be given a certificate of attendance. The requirements set forth in a conditional dismissal, consent order, or order of the Board after a hearing shall not be modified by the provisions of this Paragraph.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2016; July 1, 2014; July 1, 2010; September 1, 2008; July 1, 2005; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. July 1, 2022.

21 NCAC 57B .0304 Course scheduling

(a) All courses shall have fixed beginning and ending dates. Late enrollment shall be permitted only if the enrolling student satisfies the attendance requirements set forth in Paragraph (e) of Rule .0303 of this Section.

(b) Courses shall be scheduled in a manner that provides for class meetings of up to eight classroom hours in any given day.

(c) A classroom hour consists of 50 minutes of classroom instruction. Classroom breaks at the rate of 10 minutes per classroom hour shall be scheduled; however, instructors shall not use accumulated, unused break time to end the class early.

(d) Instruction shall be given for the minimum hours as set forth in the Real Property Appraiser Qualifications Criteria as implemented by The Appraisal Foundation's Appraiser Qualifications Board.

(e) All courses, except asynchronous distance education courses, shall have a minimum of three students in attendance in order for the course to be held.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2016; July 1, 2010; January 1, 2008; July 1, 2005; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. July 1, 2022; May 1, 2020.

21 NCAC 57B .0305 TEXTBOOKS

Each course must utilize a textbook or course materials which are approved by the Board as well as any additional instructional materials which may be prescribed by the Board for such course.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0306 INSTRUCTOR REQUIREMENTS

(a) Except for guest lecturers as set forth in Paragraph (b) of this Rule, all courses that qualify for credit pursuant to this Section shall be taught by instructors who meet the following minimum qualifications:

(1) for residential appraiser courses, the instructor shall:

(A) have two years' full-time experience, consisting of 1500 hours per year, as a certified residential or general real estate appraiser within the previous five years, with at least one-half of the experience in residential property appraising; and

(B) be a current certified residential or general real estate appraiser.

(2) for general appraiser courses, the instructor shall:

(A) have three years' full-time experience as a general real estate appraiser within the previous five years, with at least one-half of the experience in income property appraising; and

(B) currently be and has been a certified general real estate appraiser for at least five years.

(3) for USPAP courses, the instructor shall:

(A) currently be a certified residential or a certified general appraiser; and

(B) be certified by the Appraiser Qualifications Board of the Appraisal Foundation as an instructor for the National USPAP Course. If a USPAP instructor fails to renew or loses his or her certification by the Appraiser Qualifications Board, the instructor shall stop teaching and notify the Appraisal Board of the loss of certification.

(4) for statistics, modeling and finance courses, the instructor shall:

(A) have previously completed this class; or

(B) have completed 3 semester hours of statistics from a regionally accredited college or university.

(b) Guest lecturers who do not possess the qualifications set forth in Paragraph (a) of this Rule may teach collectively up to one-fourth of any course, if each guest lecturer possesses education and experience in the subject area about which the lecturer is teaching.

(c) Instructors shall conduct their classes in a manner that demonstrates knowledge of the subject matter being taught and mastery of the following teaching skills:

(1) The ability to utilize illustrative examples, and to respond to questions from students;

(2) The ability to utilize varied instructive techniques other than straight lecture, such as class discussion;

(3) The ability to utilize instructional aids to enhance learning;

(4) The ability to maintain a learning environment and control of a class; and

(6) The ability to interact with students in a professional and non-discriminatory manner.

(d) Upon request of the Board, an instructor or proposed instructor shall submit to the Board a recording that depicts the instructor teaching portions of a qualifying course, in order to ensure that all requirements of this Rule are being met.

(e) The inquiry into determining whether to approve an instructor shall include consideration of whether the instructor has ever had any disciplinary action taken or has a disciplinary action pending against his or her appraisal license or certificate or any other professional license or certificate in North Carolina or any other state. If the instructor has any pending criminal charges in this or any state, they shall be reviewed as set forth in G.S. 93B-8.1 in determining whether to approve the instructor. An instructor shall not have received any disciplinary action against his or her appraisal license or certificate from the State of North Carolina or any other state within the previous two years. For the purposes of this Section, disciplinary action means a reprimand, suspension (whether active or inactive), or a revocation.

(f) Proposed qualifying course instructors who do not meet the minimum appraisal education and experience qualifications listed in Paragraph (a) of this Rule, and who seek to have their qualifications determined by the Board to be equivalent to the qualifications listed in Paragraph (a) of this Rule, shall supply the Board with copies of sample appraisal reports or other evidence of experience.

(g) Persons desiring to become instructors for qualifying courses shall file an instructor application for qualifying education and be approved by the Board. There is no fee for application for instructor approval. Once an instructor has been approved to teach a specific qualifying course, that person may teach the course at any school or for any course sponsor approved by the Appraisal Board to offer qualifying courses. The instructor application form shall include the following information:

(1) the instructor's name, address, phone number, and email address;

(2) a list of course provider(s) the instructor will be teaching for;

(3) the programs the instructor is seeking approval for;

(4) the instructor's licensing/certification history;

(5) whether the instructor has ever been denied a trainee registration, or appraiser license, or certificate in NC or any other state;

(6) whether the instructor has any disciplinary action taken against a trainee registration, appraiser license or certificate in NC or any other state;

(7) whether the instructor has had any disciplinary action within the past three years or pending complaints or charges pending against any professional license in this State;

(8) the instructor's college education, appraisal education, appraisal experience, and description of work experience; and

(9) the signature of applicant.

(h) Current Appraisal Board members shall not be eligible to teach qualifying courses during their term of office on the Board.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; July 1, 2010; September 1, 2008; March 1, 2007; March 1, 2006; July 1, 2005; July 1, 2003; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. June 1, 2020; May 1, 2020; July 1, 2019.

21 NCAC 57B .0307 CRITERIA FOR COURSE RECOGNITION

(a) Schools and course sponsors seeking to offer appraiser qualifying courses shall make written application to the Board and pay applicable fees as required by G.S. 93E-1-8(b). The application may be accessed on the Board's website at www.ncappraisalboard.org. This application shall include:

(1) the name of school, mailing address, and phone number;

(2) the name and email address of the school owner and contact person;

(3) the name of the school's Director pursuant to Rule .0207 of this Subchapter;

(4) whether the school owner(s), Director, or any proposed instructor have had any criminal convictions or had any disciplinary action taken against a professional license;

(5) whether the classroom facilities meet the minimum requirements in Rule .0204 of this Subchapter;

(6) the courses they are seeking approval for;

(7) the proposed instructors for the courses; and

(8) the applicant's signature.

(b) Appraisal subject matter electives offered for credit pursuant to the Real Property Appraiser Qualification Criteria as implemented by The Appraisal Foundation's Appraiser Qualifications Board shall meet all other requirements of this Chapter. The content of these electives shall be related to the appraisal of real property to be approved for credit. Appraisal subject matter elective courses shall contain a minimum of 15 hours.

(d) The application shall state the name of the instructor for each course. All instructors shall be approved by the Board pursuant to Rule .0306 of this Section. After the course is approved, if a school or course sponsor seeks to change instructors, the school shall notify the Board of the name of the new instructor at least seven calendar days before the proposed change would take effect. If the proposed instructor is not currently approved in accordance with Rule .0306 of this Section, the instructor shall be approved by the Board before the school or course sponsor may allow the instructor to start instructing.

(e) Course sponsors may offer all qualifying classes via distance education, as set forth in the Real Property Appraiser Qualification Criteria as implemented by The Appraisal Foundation's Appraiser Qualifications Board. The Board shall be provided access to the course online and shall not be charged any fee for such access. To be approved for credit, an online qualifying education course shall meet all of the conditions imposed by the Rules in this Subchapter. A course completion certificate shall be forwarded to the student as stated in Rule .0607 of this Subchapter.

History Note: Authority G.S. 93E-1-8(a); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; July 1, 2010; September 1, 2008; January 1, 2008; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. July 1, 2022; May 1, 2020.

section .0400 – course sponsor fees for prelicensing and precertification education

21 NCAC 57B .0401 APPLICABILITY

This Section applies to private real estate appraisal schools offering qualifying courses, appraisal trade organizations and to all other course sponsors other than North Carolina colleges, universities, community, or technical colleges accredited by the Southern Association of Colleges and Schools, and agencies of the federal, State or local government.

History Note: Authority G.S. 93E-1-8(a),(b); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; September 1, 2008; January 1, 2008; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0402 Original Course Approval Fee

The original prelicensing and precertification approval fee shall be that specified in G.S. 93E-1-8(b). The fee shall be paid to the North Carolina Appraisal Board and is non-refundable. Schools and course sponsors may offer approved courses as frequently as is desired during the period for which approval is granted without paying additional course fees.

History Note: Authority G.S. 93E-1-8(b); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. January 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. July 1, 2022.

21 NCAC 57B .0403 Fee for Renewal of Course Approval

(a) Board approval of courses expires on the next December 31 following the date of issuance. In order to assure continuous approval of courses, applications for renewal of Board approval, accompanied by the renewal fee specified in G.S. 93E-1-8(b), must be filed with the Board annually on or before December 1. Applications which are incomplete, as well as all applications for renewal of course approval submitted after December 1, shall be treated as original course approval applications.

(b) The fee is non-refundable.

History Note: Authority G.S. 93E-1-8(a),(b); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. January 1, 2008; March 1, 2006; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

SECTION .0500 - PRIVATE REAL ESTATE APPRAISAL SCHOOL FEES FORPRELICENSING AND PRECERTIFICATION EDUCATION

21 NCAC 57B .0501 APPLICABILITY

21 NCAC 57B .0502 Original Course Approval Fee

21 NCAC 57B .0503 Fee For Renewal of Course Approval

History Note: Authority G.S. 93E-1-8(a),(b); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. March 1, 2006; August 1, 2002;

Repealed Eff. January 1, 2008.

SECTION .0600 - CONTINUING EDUCATION COURSES

21 ncac 57b .0601 PURPOSE AND APPLICABILITY

This Section establishes minimum standards for appraisal continuing education courses authorized by G.S. 93E-1-8 (c) and required by Rule .0204 of Subchapter 57A. These standards must be satisfied in order for course sponsors to obtain and maintain approval of their courses for appraiser continuing education credit. Except as provided in Rule .0602(a) of this Section, any school, organization, agency, individual, or other entity is eligible to become a continuing education course sponsor. Course sponsors must obtain course approval from the Board prior to conducting the course for continuing education credit and prior to advertising or otherwise representing that a course is or may be approved for continuing education credit in North Carolina. To request credit for a continuing education course which has not been approved by the Board, a trainee, licensee or certificate holder must follow the procedure set forth in 21 NCAC 57A .0204(g).

History Note: Authority G.S. 93E-1-8(c); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. September 1, 2019.

21 NCAC 57B .0602 Application And Fee

(a) Course sponsors seeking approval of appraisal continuing education courses shall make written application to the Board. A course sponsor shall be the owner of the proprietary rights to the course for which approval is sought or shall have the permission of the course owner to seek course approval. After receipt of a completed application, the Board shall review the application pursuant to the criteria set forth in 21 NCAC 57B .0603 and shall notify the sponsor of its decision.

(b) The original application fee shall be that specified in G.S. 93E-1-8(d) for each course for which approval is sought. A fee is not required if the course sponsor is an accredited North Carolina college, university, junior college, or community or technical college, or if the course sponsor is an agency of the federal, state, or local government. A course sponsor may offer approved courses as frequently as is desired during the period for which approval is granted without paying additional fees.

(c) Each application shall be accompanied by copies of all course materials, including handbooks, slides, overheads, and other non-published materials. The application shall also include the title, author, publisher and edition for each published textbook. Each application shall also have a timed outline for the course.

(d) The application shall state the name of the instructor for the course.

History Note: Authority G.S. 93E-1-8(c),(d);

Eff. July 1, 1994;

Amended Eff. January 1, 2008; March 1, 2006; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. July 1, 2022.

21 NCAC 57B .0603 CRITERIA FOR COURSE APPROVAL

The following requirements shall be satisfied in order for course sponsors to obtain approval of a course for appraiser continuing education credit:

(1) The subject matter of the course shall comply with the requirements of Rule .0204 of Subchapter 57A and the information to be provided in the course shall be both accurate and current.

(2) The course shall involve a minimum of two hours of instruction on acceptable subject matter as outlined in 21 NCAC 57A .0204(c). A classroom hour consists of 50 minutes of classroom instruction and 10 minutes of break time. Instruction shall be given for the full number of hours for which credit is given. Instructors shall not accumulate unused break time to end the class early.

(3) The course instructor(s) shall:

(a) possess the fitness for licensure required of applicants for trainee registration, real estate appraiser licensure, or certification; and

(b) either:

(i) two years' full-time experience that is related to the subject matter to be taught;

(ii) a baccalaureate or higher degree in a field that is related to the subject matter to be taught;

(iii) two years' full-time experience teaching the subject matter to be taught; or

(iv) an equivalent combination of such education and experience.

(4) The course shall be one involving a qualified instructor who, except as noted in Item (5) of this Rule, shall be physically present in the classroom at all times, and shall personally provide the instruction for the course. The course instructor may utilize video instruction, or similar types of instruction by other persons to enhance or supplement his or her personal instruction; however, such other persons shall not be considered to be the course instructor and the course instructor shall be physically present when such indirect instruction by other persons is being utilized. No portion of the course shall consist of correspondence instruction. The instructor shall comply with Rule .0306(c) of this Subchapter. Instructors for the National USPAP courses shall be certified by the Appraiser Qualifications Board of the Appraisal Foundation. Current Appraisal Board members shall not teach continuing education courses during their term of office on the Board.

(5) Course sponsors may offer all continuing education classes via distance education as set forth in the Real Property Appraiser Qualification Criteria as implemented by The Appraisal Foundation's Appraiser Qualifications Board. A sponsor seeking approval of a computer-based education course shall provide the Board access to the course via the internet at a date and time satisfactory to the Board and the Board shall not be charged any fee for such access. A course completion certificate shall be forwarded to the student as stated in Rule .0607 of this Section, and a course roster shall be sent to the Appraisal Board in accordance with Rule .0608 of this Section.

(6) The course shall be an educational program intended to improve the knowledge, skill and competence of trainees, and licensed and certified real estate appraisers.

(7) The course sponsor shall certify that the course shall be conducted in accordance with the operational requirements stated in Rule .0606 of this Section and that the course sponsor will comply with all other applicable rules contained in this Section.

(8) The course title shall not include the words "Uniform Standards of Professional Appraisal Practice" or "USPAP" unless the course is either the 15 hour National USPAP course or the 7 hour National USPAP Continuing Education course. If the course is the 7 hour National USPAP Continuing Education course, the course title shall state which edition of USPAP will be taught in that specific course.

(9) Each course shall utilize a textbook or course materials that have been approved by the Board.

(10) If the course content is related to technology, such as software, hardware, electronic devices, manuals, or databases, the course shall be developed specifically for utilization in the real estate appraisal business in order to be approved for continuing education credit. Such courses shall not require the student to purchase specific products, and the course shall not be used to sell or advertise particular products or software.

History Note: Authority G.S. 93E-1-8(c); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. January 1, 2015; July 1, 2010; January 1, 2008; March 1, 2007; March 1, 2006; July 1, 2005; July 1, 2003; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. February 1, 2024; July 1, 2022; September 1, 2019.

21 NCAc 57B .0604 QUALIFYING COURSES

(a) Appraisal qualifying courses conducted by North Carolina approved schools or by appraisal trade organizations which are approved as equivalent to the North Carolina qualifying courses may be separately approved as appraisal continuing education courses. Trainees, licensed, and certified appraisers may obtain continuing education credit for these courses only to the extent permitted by Rule .0204 of Subchapter 57A. Appraisal trade organizations shall at all times assure compliance with Rules .0606, .0607, and .0608 of this Section in order to retain such approval for these courses.

(b) It is presumed that any person taking any of the qualifying courses is doing so for registration, licensure, or certification purposes. If the person wishes to obtain continuing education credit for the course, he or she shall request such credit in writing and shall send the original course completion certificate or course attendance certificate with the request.

History Note: Authority G.S. 93E-1-8(c); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; September 1, 2008; March 1, 2007; July 1, 2005; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0605 CONTINUING EDUCATION CREDIT HOURS

The course approval issued to a course sponsor shall include the number of hours of continuing education credit that will be awarded for the course. The minimum number of continuing education credit hours awarded for a course shall be two hours, and the maximum number of continuing education credit hours awarded for a course, regardless of its length, shall be thirty hours. Continuing education credit hours shall not be carried forward into subsequent licensing periods. No continuing education credit shall be awarded for courses taken before the student was registered as a trainee or licensed or certified as an appraiser in this state or any other state.

History Note: Authority G.S. 93E-1-8(c); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. July 1, 2014; January 1, 2013; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. July 1, 2022.

21 NCAC 57B .0606 COURSE OPERATIONAL REQUIREMENTS

Course sponsors shall maintain compliance with Rule .0603 of this Section and shall also comply with the following requirements:

(1) Courses shall last a maximum of eight classroom hours in any day. A classroom hour shall consist of 50 minutes of classroom instruction and ten minutes of break time.

(2) Course sponsors shall not utilize advertising of any type that is false or misleading about the course content, number of hours of credit that have been awarded by the Board, or credentials of instructor. Sponsors shall specify the number of continuing education credit hours awarded by the Board for the course.

(3) Course sponsors shall, upon request, provide any prospective student a description of the course content regarding the instruction to be provided in the course.

(4) Courses conducted in a facility shall meet the following requirements:

(a) contains a student chair, desk or worktable space for each student;

(b) is free of noise or visual distractions that disrupt class sessions; and

(d) Classes shall not be held in a personal residence

(5) Attendance shall be monitored during all class sessions to ensure compliance with the attendance requirement. Instruction shall be given for the number of hours for which credit is given. Instructors shall not accumulate unused break time to end the class early.

(6) Instructors shall require student attentiveness during class sessions. Students shall not be permitted to engage in activities that are not related to the instruction being provided.

(7) Course sponsors for which an application fee is required by Rules .0602(b) and .0611(b) of this Section shall have course cancellation and fee refund policies. In the event a scheduled course is canceled, efforts shall be made to notify preregistered students of the cancellation and all prepaid fees received from such preregistered students shall be refunded within 30 days of the date of cancellation or, with the student's permission, applied toward the fees for another course.

(8) Upon request of the Board, in order to ensure compliance with the requirements of this Rule, the course sponsor shall submit to the Board a recording that depicts the instructor teaching portions of any continuing education course.

(9) Course sponsors shall provide the Board in writing or via an electronic link to the sponsors' website with the dates and locations of all classes the sponsor is offering in North Carolina at least 10 calendar days before the class is offered, unless circumstances beyond the control of the course sponsor require that the course be rescheduled, such as a weather emergency. If the dates or location of the classes change after such information is provided to the Board, the course sponsor shall notify the Board of such changes within five days of the rescheduled date in writing or via an electronic link.

(10) Course sponsors shall provide each student with contact information for the Appraisal Board.

(11) If an instructor has any disciplinary action taken against his or her appraisal license or any other professional license in North Carolina or any other state, or if the instructor has been convicted of or pled guilty to any misdemeanor or felony, the school or course sponsor shall report that fact to the Board within 15 business days.

(12) All courses, except asynchronous distance education courses, shall have a minimum number of three students enrolled in the course in order for the course to take place.

History Note: Authority G.S. 93E-1-8(c); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. January 1, 2013; July 1, 2010; January 1, 2008; March 1, 2007; July 1, 2005; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. July 1, 2022; May 1, 2020; July 1, 2019.

21 NCAC 57B .0607 Certification of Course Completion

Course sponsors must issue a certificate of course completion within 15 days of completion of the course to all students who satisfactorily complete an approved course. If the course sponsor is located in North Carolina, the certificate, which the student must retain for a period of two years, must bear the signature or signature stamp of a person designated by the course sponsor to sign such certificate. North Carolina-based course sponsors must notify the Board in advance of the person(s) designated to sign certificates of course completion for courses conducted in North Carolina. If the course sponsor is not located in North Carolina, the certificate of course completion must show the name of the course sponsor, the name of the course, the number of classroom hours, the course dates, the state or city where the course was conducted, and the full name of the student.

History Note: Authority G.S. 93E-1-8(c); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. January 1, 2013; January 1, 2008; July 1, 2003; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0608 Sponsor reporting of continuing EDUCATION credit

Course sponsors shall, within 15 days of course completion, submit to the Board a roster of all North Carolina registered trainees, licensed and certified appraisers, who completed the course.

History Note: Authority G.S. 93E-1-8(c); 93E-1-1;

Eff. July 1, 1994;

Amended Eff. July 1, 2010; January 1, 2008; July 1, 2005; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. July 1, 2022.

21 NCAC 57B .0609 changes during the approval period

(a) Course sponsors shall obtain advance approval from the Board for any changes to be made in approved courses with regard to the number of hours, course content, or instructors. Requests for approval of such changes shall be in writing, and shall be sent to the Board at least 15 calendar days before the proposed change would take effect.

(b) In the event of an emergency, such as the disability, death, or unforeseen departure of the instructor or school director, where it is not possible to request approval of a change at least 15 days in advance, the school shall request such change immediately but no later than the end of the next business day to the Board office via email to: ncab@ncab.org.

History Note: Authority G.S. 93E-1-8(c); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. March 1, 2006;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. July 1, 2022.

21 NCAC 57B .0610 COURSE RECORDS

Course sponsors must retain on file for three years records of student registration and attendance for each approved course that is conducted and must make such records available to the Board upon request.

History Note: Authority G.S. 93E-1-8(c); 93E-1-10;

Eff. July 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 57B .0611 Renewal of Approval and Fees

(a) Board approval of appraisal continuing education courses (except the seven hour National USPAP Continuing Education course) expires on the next December 31 following the date of issuance. In order to assure continuous approval, applications for renewal of Board approval, accompanied by the prescribed renewal fee, must be filed with the Board annually on or before December 1. All applications for renewal of course approval received on or before December 1, which are incomplete as of that date, as well as all applications for renewal of course approval submitted after December 1, shall be treated as original applications for approval of continuing education courses. Schools and course sponsors must send a copy of all course materials every third renewal of a continuing education course.

(b) The annual fee for renewal of Board approval shall be that specified in G.S. 93E-1-8(d) for each course for which renewal of approval is requested, provided that no fee is required for course sponsors that are exempted from original application fees by Rule .0602(b) of this Section. The fee is non-refundable.

(c) Application for approval of the even-numbered year edition of the seven hour National USPAP Continuing Education course shall be made when the instructor for the course has been certified by the Appraiser Qualifications Board of the Appraisal Foundation to teach that edition of USPAP. Such approval shall expire on December 31 of the following even numbered year. This course approval may be renewed in the fall of the even-numbered year, and shall expire on September 30 of the following odd-numbered year.

History Note: Authority G.S. 93E-1-8(c),(d); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. January 1, 2013; July 1, 2010; January 1, 2008; March 1, 2007; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. February 1, 2024.

21 NCAC 57B .0612 Withdrawal Or Denial Of Approval

The Board may deny or withdraw approval of any course upon finding that:

(1) the course sponsor has made any false statements or presented any false information in connection with an application for course approval or renewal of course approval;

(2) the course sponsor has refused or failed to comply with any of the provisions of this Section;

(3) the course sponsor has engaged in a pattern of consistently canceling scheduled courses;

(4) the school or course sponsor has offered or held a continuing education course stating that the students will receive continuing education credit from the North Carolina Appraisal Board when it is not approved to do so;

(5) the instruction provided in a course is of unsatisfactory quality; or

(6) the instructor failed to demonstrate effective teaching skills.

(7) the instructor has had disciplinary action taken on his or her appraisal license or any other professional license in North Carolina or any other state, or has been convicted of or pleaded guilty to any criminal act.

History Note: Authority G.S. 93E-1-8(c); 93E-1-10;

Eff. July 1, 1994;

Amended Eff. January 1, 2008; March 1, 2006; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 Ncac 57B .0613 payment of fee required by g.s. 93E-1-7(b1)

Schools and course sponsors who are required by G.S. 93E-1-7(b1) to pay a fee to the Board for each licensee completing an approved continuing education course conducted by the school or course sponsor shall remit the fee to the Board upon uploading the course roster online.

History Note: Authority G.S. 93E-1-7; 93E-1-10;

Eff. September 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. May 1, 2020; July 1, 2018.

21 NCAC 57B .0614 INSTRUCTORS FOR THE TRAINEE/SUPERVISOR COURSE REQUIRED BY G.S. 93E‑1‑6.1

(a) Instructors for the trainee supervision course set forth in G.S. 93E-1-6.1 shall be real estate appraisers who have been certified residential or certified general appraisers for at least three years.

(b) Instructors shall not have received any disciplinary action regarding their appraisal certificate from the State of North Carolina or any other state within the previous three years.

(c) Persons who wish to teach the trainee supervision course shall be approved by the Board before they may teach this course. Approval of a trainee supervision course instructor authorizes the instructor to teach the course for any approved course sponsor.

(d) Applicants who wish to become instructors for the trainee supervision course shall attend an educational workshop sponsored by the Board or complete the trainee supervision course with another approved sponsor, before they may be approved. Applicants may check the Board's website for information regarding the date and location of the workshop. The website may be accessed at www.ncappraisalboard.org.

(e) Approval of trainee supervision course instructors expires on the next December 31 following the date of approval. Applications for renewal of Board approval, shall be filed with the Board annually on or before December 1.

History Note: Authority G.S. 93E-1-6.1; 93E-1-8(c); 93E-1-10;

Eff. July 1, 2014;

Amended Eff. July 1, 2016;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended Eff. July 1, 2022; May 1, 2020.

21 NCAC 57B .0615 Emergency Provisions for EXTENSION for remote learning for Qualifying Education, Continuing Education and taking of licensing examination

History Note: Authority; G.S. 93E-1-6; 93E-1-7; 93E-1-8; 93E-2-6; S.L. 2020-97, s. 3.20; S.L. 2021-3, s. 2.11;

Emergency Adoption Eff. April 1, 2020;

Emergency Adoption Eff. May 21, 2020 to expire pursuant to S.L. 2020-3, s. 4.38 (e);

Emergency Adoption Expired Eff. August 1, 2020 pursuant to S.L. 2020-3, s. 4.38 (e);

Emergency Adoption Eff. October 19, 2020 to expire pursuant to S.L. 2020-97, s. 3.20(e);

Emergency Adoption Eff. March 26, 2021 to expire pursuant to S.L. 2021-3, s. 2.11(a);

Emergency Adoption Expired Eff. December 31, 2021.