North Carolina Administrative Code

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…

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 appr…

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 websi…

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…

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…

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 specifi…

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 sati…

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…

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 .020…

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 educ…

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 sh…

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 …

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 ce…

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: Author…

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 …

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); …

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, a…

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 …

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 …

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 lea…

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 Ado…

SUBCHAPTER 57C – ADMINISTRATIVE LAW PROCEDURES SECTION .0100 – APPRAISAL BOARD HEARINGS 21 NCAC 57C .0101 FORM OF COMPLAINTS AND OTHER PLEADINGS (a) Complaints shall be in writing and contain the following information: (1) name of the trainee, appraiser, or appraisal management c…

21 NCAC 57C .0102 PRESIDING OFFICER (a) The Appraisal Board may designate any of its members to preside over the hearing in a contested case. When no designation is made, the Chairman of the Board shall preside, or, in his absence, the Vice Chairman shall preside. The presiding o…

21 NCAC 57C .0103 SUBPOENAS (a) The Executive Director of the Appraisal Board and the Board's Legal Counsel shall have the authority to issue subpoenas in the name of the Board. (b) The presiding officer in a contested case shall also have the authority to issue subpoenas relatin…

21 NCAC 57C .0104 PETITION TO REOPEN PROCEEDING (a) After a final decision has been reached by the Board in a contested case, a party may petition the Board to reconsider a case. Petitions will not be granted except when the petitioner can show that the reasons for reconsidering …

SECTION .0200 - PETITIONS FOR RULES 21 NCAC 57C .0201 PETITION FOR RULEMAKING HEARINGS (a) Any person wishing to file a petition requesting the adoption, amendment or repeal of a rule by the Board shall file a written petition with the Executive Director. (b) The petition shall i…

SECTION .0300 - RULE-MAKING 21 NCAC 57C .0301 WRITTEN SUBMISSIONS Any person may file a written submission containing data, comments or arguments after publication of a rule-making notice and prior to the decision of the Board to adopt, amend or repeal the rule or rules in questi…

21 ncac 57c .0302 PRESIDING OFFICER The presiding officer at any rule-making hearing shall have control of the proceedings, including: recognition of speakers, time allotments for presentations, the right to question speakers, direction of the discussion, and management of the he…

21 NCAC 57C .0303 RECORD OF PROCEEDINGS A record of rule-making proceedings will be available for public inspection during regular office hours at the Board's office. This record will contain the original petition, if any, the notice, all written memoranda and information submitt…

SECTION .0400 - DECLARATORY RULINGS 21 NCAC 57C .0401 REQUESTS FOR RULINGS: DISPOSITION OF REQUESTS (a) All requests for declaratory rulings shall be written and filed with the Board. The request must contain the following information: (1) the name, address and signature of petit…

SUBCHAPTER 57D – APPRAISAL MANAGEMENT COMPANIES SECTION .0100 – APPLICATION FOR APPRAISAL MANAGEMENT REGISTRATION 21 NCAC 57D .0101 FORM An appraisal management company that wishes to file an application for an appraisal management company certificate of registration may obtain t…

21 NCAC 57D .0102 Filing and Fees (a) Each application for registration shall be accompanied by the required application fee. The Board shall reject and return to the applicant any application which is incomplete or not accompanied by the required fee or fees. Application fees ac…

section .0200 – appraisal management company registration 21 NCAC 57D .0201 FITNESS FOR REGISTRATION (a) The Appraisal Board shall consider the fitness for registration of each applicant. When the fitness of an applicant is in question, action by the Board shall be deferred until…

21 NCAC 57D .0202 REGISTRATION RENEWAL (a) All registrations shall expire on June 30 of each year, unless renewed during the renewal period. The renewal period shall be from May 1 through June 30 of each year. (b) A holder of an appraisal management company registration applying …

21 NCAC 57D .0203 EXPIRED REGISTRATION (a) Expired registrations may be reinstated within six months after expiration upon proper application and payment to the Board of the renewal fee of two thousand dollars ($2,000) and the late filing fee of twenty dollars ($20.00) for each m…

21 NCAC 57D .0204 PAYMENT OF FEES TO THE BOARD Checks given the Board in payment of fees that are returned unpaid are cause for registration denial, suspension or revocation. History Note: Authority G.S. 93E-2-3; 93E-2-8(a)(7); Eff. January 1, 2011; Pursuant to G.S. 150B-21.3A, r…

section .0300 – appraisal management company procedures 21 NCAC 57D .0301 USE OF REGISTRATION NUMBER A real estate appraisal management company shall state its North Carolina registration number on any appraisal order for a property located in North Carolina. History Note: Author…

21 NCAC 57D .0302 CHANGE IN registration & REPORTING REQUIREMENTS (a) Appraisal management companies shall notify the Board in writing of each change of name, trade name, federal identification number, organizational status, ownership structure, compliance manager, surety bond, r…

21 NCAC 57D .0303 COMPLIANCE MANAGER (a) A compliance manager shall be designated with the Board for each appraisal management company. The compliance manager shall be a certified real estate appraiser certified under G.S. 93E, Article I or in another state. (b) An appraisal mana…

21 NCAC 57D .0304 APPRAISER QUALIFICATIONS An appraisal management company shall assure that any appraiser being added to its appraiser panel to appraise properties in North Carolina holds a license in good standing in this State pursuant to the North Carolina Appraisers Act. The…

21 NCAC 57D .0305 APPRAISER COMPETENCY Before an appraiser is added to a panel, an appraisal management company shall require the appraiser to declare in writing the appraiser's areas of geographic competency, the types of properties the appraiser is competent to appraise, and th…

21 NCAC 57D .0306 APPRAISAL REVIEW An appraisal management company shall review the work of all independent appraisers that are performing real estate appraisal services for the appraisal management company to validate that the real estate appraisal services are being conducted i…

21 NCAC 57D .0307 RECORDS (a) An appraisal management company shall maintain a record of each request it receives for its services in North Carolina. If an appraisal is ordered, the record shall include the name of the appraiser who performs the appraisal, the physical address or…

21 NCAC 57D .0308 PRODUCTION OF RECORDS If an appraisal management company is requested to produce books and records to the Appraisal Board pursuant to G.S. 93E-2-8(g) or 93E-2-8(i), the appraisal management company shall produce those records so that they may be viewed in the Ap…

21 NCAC 57D .0309 COMPLAINTS AGAINST APPRAISERS (a) If an appraisal management company believes that a real estate appraiser licensed in this State has violated applicable law or the Uniform Standards of Professional Appraisal Practice or has engaged in unethical conduct, it shal…

21 NCAC 57D .0310 PAYMENT OF FEES TO APPRAISERS (a) Appraisal management companies shall pay fees to an appraiser within 30 days of the date the appraisal is first transmitted by the real estate appraiser to the company as follows: (1) If payment is made by electronic means, the …

21 NCAC 57D .0311 Removal of an Appraiser from an Appraisal Panel (a) If an appraisal management company decides to remove an independent appraiser from its list of qualified appraisers, the appraisal management company shall notify the appraiser in writing of the reason for remo…

21 NCAC 57D .0312 Requesting Additional Information from an Appraiser An appraisal management company may request that a real estate appraiser who performs an appraisal for the appraisal management company provide additional information as follows: (1) An appraisal management com…

section .0400 – appraisal management company general practices 21 NCAC 57D .0401 BUSINESS PRACTICES An appraisal management company may not: (1) prohibit an appraiser from stating on an appraisal the fee the appraiser was paid by the company for the appraisal; (2) prohibit an app…

21 ncac 57D .0402 reserved for future codification