North Dakota Administrative Code

Unless otherwise defined, or made inappropriate by context, all terms defined in North Dakota Century Code chapter 43-23.3 have the same meanings in this chapter. History: Effective October 1, 1992. General Authority: NDCC 43-23.3-03 Law Implemented: NDCC 43-23.3-03

To apply for and maintain any appraiser permit an individual must meet all of the following requirements: 1. Be at least eighteen years of age. 2. Have a high school education or its equivalent. 3. Possess good character. 4. All applicants for permits of apprentice appraiser, lic…

1. Permit. An apprentice appraiser permit must be issued to an individual who successfully meets all of the requirements for such a permit. An apprentice is the equivalent to a trainee under the "Real Property Appraiser Qualification Criteria and Interpretation of the Criteria", …

Repealed effective October 1, 1998. 2

1. Permit. A licensed appraiser permit must be issued to an individual who successfully meets all of the requirements for such a permit. Education, experience, and examination requirements for licensure are all set by the appraiser qualifications board. The board adopts these as …

1. Permit. A certified residential appraiser permit must be issued to an individual who successfully meets all of the requirements set by the appraiser qualifications board of the appraisal foundation for such a permit. Education, experience, and examination requirements for cert…

1. Permit. A certified general appraiser permit must be issued to an individual who successfully meets all of the requirements for such a permit. Education, experience, and examination requirements for certified general are all set by the appraiser qualifications board. The board…

1. A licensed or certified appraiser may be assigned to inactive status upon written request. 2. A licensed or certified appraiser on inactive status may not directly or indirectly engage in, advertise, conduct the business of, or act in any capacity as a licensed or certified ap…

1. The board shall issue a permit to an applicant who is licensed or certified in good standing by another state if the other state's current requirements to be licensed or certified are at least substantially equivalent to the current requirements imposed by this state, and if g…

1. A nonresident of this state who has submitted an irrevocable consent to service of process may obtain a temporary permit to perform a contract relating to the appraisal of real estate in this state. 2. To qualify, the applicant must meet all of the following requirements: a. S…

Repealed effective January 1, 2008.

If an application is denied, the board will notify the applicant of the denial and specify the basis for the denial. History: Effective July 1, 2012. General Authority: NDCC 43-23-03 Law Implemented: NDCC 43-23-03 2

1. All permits expire on December thirty-first of each year. 2. A holder of an appraiser permit desiring the renewal of such permit shall, during the month preceding the expiration date of such permit, make application and pay the required fee. 3. Permits may be renewed up to nin…

If an application is denied, the board will notify the applicant of the denial and specify the basis for the denial. History: Effective July 1, 2012. General Authority: NDCC 43-23-03 Law Implemented: NDCC 43-23-03 1

Copies of the uniform standards of professional appraisal practice are available for purchase through the appraisal foundation. History: Effective October 1, 1992; amended effective January 1, 1995; July 1, 2012. General Authority: NDCC 43-23.3-03 Law Implemented: NDCC 43-23.3-18…

The board adopts as its standards of appraisal practice requirements the standards of professional appraisal practice and ethical rules specified by the uniform standards of professional appraisal practice and all other standards and ethical requirements adopted by the appraisal …

All permittees are required to place their permit number and permit type adjacent to the permittees' signature on all appraisal-related activities. History: Effective October 1, 1992. General Authority: NDCC 43-23.3-03 Law Implemented: NDCC 43-23.3-14

Repealed effective January 1, 2008. 1

All apprentice, licensed, and certified permittees shall notify the board in writing of each change of business address, residence address, or trade name within twenty days of said change. The address must be sufficiently descriptive to enable the board to correspond with and loc…

Any of the following acts and omissions constitute a violation of the standards of professional appraisal practice and are grounds for disciplinary action or denial of an application: 1. Violation or attempted violation of North Dakota Century Code chapter 43-23.3 or the rules ad…

1. A permittee having direct knowledge that any permittee has violated any provision of North Dakota Century Code chapter 43-23.3 or the rules adopted by the board shall report such knowledge to the board. 2. Upon being convicted of any act which is or would be punishable as a fe…

Any board member having an immediate personal, private, or financial interest in any matter pending before the board shall disclose the fact to the board and shall not vote upon such matter. History: Effective January 1, 1995. General Authority: NDCC 43-23.3-03 Law Implemented: N…

The requirements of the uniform standards of professional appraisal practices shall not apply to the board, its agents, and employees when reviewing appraisals as part of the application or disciplinary processes. History: Effective July 1, 2012. General Authority: NDCC 43-23-03 …

Disciplinary action by the board may consist of the following: 1. Revocation. Revocation terminates an individual's status as an apprentice, licensed, or certified appraiser. When a permit has been revoked the permittee shall surrender the permit immediately to the board. When a …

Repealed effective January 1, 2008.

The board, on its own motion or upon application, at any time after the imposition of any discipline may reconsider its prior action and reinstate or restore such permit or reduce the severity of its prior disciplinary action. The taking of any such further action or the holding …

The board shall notify the disciplinary enforcement agency of other jurisdictions in which the permittee is admitted about any disciplinary action. The board may cause a notice of disciplinary action to be published in the board's newsletter. The notice may clearly identify the p…

Within ten days after the date of the order by which a permittee's license or certificate is revoked or suspended, the permittee may be required to cause notice to be given by registered or certified mail, return receipt requested, to all current clients. The board may direct the…

Any person may file an allegation with the board seeking disciplinary action against the holder of a permit issued by the board. The complainant shall submit a written statement describing the nature of the allegation and the facts supporting the allegation. The allegation must b…

At any time prior to or after formal disciplinary proceedings have been instituted against an apprentice, licensed, or certified appraiser, the appraiser may submit to the board an offer of settlement whereby the appraiser agrees to accept sanctions in lieu of formal disciplinary…

1. Requirements. Continuing education shall be established by the "Real Property Appraiser Qualification Criteria and Interpretation of the Criteria, Effective May 1, 2018", appraiser qualifications board, appraisal foundation, with the exception that the board has set the minimu…

Unless otherwise defined, or made inappropriate by context, all terms are defined in North Dakota Century Code chapters 43-23.3 and 43-23.5. History: Effective January 1, 2018. General Authority: NDCC 43-23.5-02 Law Implemented: NDCC 43-23.5-02

1. An applicant for registration as an appraisal management company and an entity that is exempt from the state registration requirements, but is subject to the federal registry if the federal government requires, must submit a written application on the prescribed form. The appl…

The board shall issue a certificate of registration to an applicant who qualifies in accordance with this article. Any registration issued under this article expires on September thirtieth of each year, unless otherwise revoked or suspended during said term. History: Effective Ja…

The applicant shall provide evidence of a surety bond with one or more corporate sureties authorized to do business in this state or an irrevocable letter of credit issued by an insured institution in the amount of twenty-five thousand dollars at the time of application. 1. The s…

The board shall maintain a roster of appraisal management companies registered under the provisions of this article. The board shall transmit the roster to the appraisal subcommittee. The roster shall include investigations initiated and disciplinary actions taken. History: Effec…

Each appraisal management company registered under the provisions of this article shall, within thirty calendar days, give written notice of any change of physical and mailing address, change of company name, telephone number, website, facsimile, or email address to the board off…

Each appraisal management company registered under the provisions of this article shall, within fifteen days, give written notice of change of designated officer of the appraisal management company, as required under subsection 6 of section 101-05-01-15, to the board office. Hist…

Each appraisal management company registered under the provisions of this article shall, within thirty calendar days, give written notice of change of controlling person of the appraisal management company to the board office. History: Effective January 1, 2018. General Authority…

1. An appraisal management company denied registration shall be notified in writing by the board of such denial and the reasons therefore. 2. Such applicant may request an informal meeting with the board to reconsider such denial at its next scheduled meeting. Such request must b…

1. To obtain renewal of a registration, the holder of a current, valid registration must make application on the prescribed form no later than sixty calendar days prior to the expiration of the registration. 2. An application for renewal must be accompanied by the registration re…

Registrants who are qualified for enrollment in the federal roster or registry of appraisal management companies must apply for enrollment or reinstatement of such enrollment in same upon a 4 form approved by the board accompanied by the fee established for that purpose by the ap…

Fees will not be prorated. 1. The following application fees, and the national registry fee if the federal government requires, will be charged for an appraisal management company that is subject to registration under North Dakota Century Code chapter 43-23.5: a. Initial registra…

Each fee is nonrefundable. History: Effective January 1, 2018. General Authority: NDCC 43-23.5-02 Law Implemented: NDCC 43-23.5-04, 43-23.5-19

Checks given to the board in payment of fees which are returned unpaid may be considered cause for denial, suspension, or revocation. History: Effective January 1, 2018. General Authority: NDCC 43-23.5-02 Law Implemented: NDCC 43-23.5-04, 43-23.5-19, 43-23.5-22 5…

An appraisal management company registered under the provisions of this article shall: 1. Have a system in place to verify that utilized appraisers are licensed or certified and in good standing by this state. 2. Require each utilized appraiser who performs appraisals in this sta…

An appraisal management company registered under the provisions of this article shall retain the following records: 1. A detailed record of each service request that it receives for appraisals of real property located in North Dakota, which shall include, the following: a. Letter…

An appraisal management company registered under the provisions of this article shall make all records required to be maintained or records deemed to be pertinent to an investigation of a complaint under this article available for inspection and copying upon request of the board.…

The board shall, upon written and signed complaint or referral, or may, upon the board's own motion, initiate an investigation of any registration holder or applicant for registration. History: Effective January 1, 2018. General Authority: NDCC 43-23.5-02 Law Implemented: NDCC 43…

1. Organization and administration. a. History. The state investment board was created by the 1963 legislative assembly. A five-member board managed the investment of five state trust funds. Chapter 667 of the 1989 Session Laws, chapter 628 of the 1991 Session Laws, and chapter 2…