Appraiser Certification Program Mission, Purpose and Intent
Appraiser Certification Program Advisory Council
Council Members Honored for Service
Appointment of Banking Industry Liaison Council Member
Senate Bill 60 - Legislation Introduced for the 2013 South Dakota Legislative Session
New Licensees - November/December 2012
Information Regarding Disciplinary Actions
Review of Cases - January 1, 2012 through December 31, 2013
Appraiser Qualifications Board Q&A
2015 Real Property Appraiser Qualification Criteria-related Issues
AMCs Who Have Notified Department They Will No Longer Be Doing Business in SD
Appraiser Certification Program Mission, Purpose and Intent
The Appraiser Certification Program was implemented July 1, 1990, pursuant to enactment of Title XI of the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) by Congress. The mission of the Program is to certify, license and register appraisers to perform real estate appraisals in the state of South Dakota pursuant to Title XI (FIRREA). The purpose of the Program is to examine candidates, issue certificates, investigate and administer disciplinary actions to persons in violation of the rules, statutes and uniform standards, and approve qualifying and continuing education courses. Title XI intends that states supervise all of the activities and practices of persons who are certified or licensed to perform real estate appraisals through effective regulation, supervision and discipline to assure their professional competence.
Effective July 1, 2011, pursuant to the Dodd-Frank Wall Street Reform Act, the Program was granted legislative authority to register and supervise the activities of Appraisal Management Companies doing business in South Dakota.
Appraiser Certification Program Advisory Council
Council members provide recommendations to the Secretary of the Department of Labor and Regulation in the areas of program administration in order to sustain a program that is consistent with Title XI. The Council meets quarterly in public forum. See the website for meeting information.
Council Members Honored for Service
Plaques were presented to Craig Sommers, Jim Dunlap and Boyd Waara honoring their service to the Council. Boyd Waara was also honored for his service on the Council by the banking industry by Deb Gates, Administrative Vice President of the South Dakota Bankers Association.
Appointment of Banking Industry Liaison Council Member
The Appraiser Certification Program Advisory Council welcomed Matt Van Zee of First Dakota National Bank in Sioux Falls, South Dakota as the banking industry liaison serving on behalf of the South Dakota Bankers Association.
Senate Bill 60 - Legislation Introduced for the 2013 South Dakota Legislative Session
The Department of Labor and Regulation, Appraiser Certification Program introduces legislation to revise certain definitions.
Section 1 defines "appraisal practice," which is currently not defined in statute. This will provide the Appraiser Certification Program jurisdiction and authority for effective supervision of appraisers that perform appraisal review and appraisal consulting assignments.
Sections 2 and 3 amend Chapter 36-21B and 36-21D to revise the definition of "appraisal" in statute to conform with the nationally recognized definition in the Uniform Standards of Professional Appraisal Practice and the definition in the administrative rules regarding appraisers (ARSD 20:14:01:01).
The Appraiser Certification Program Advisory Council unanimously recommended this legislation.
See website for the full text of the bill. If you have any questions, please contact Sherry Bren at 605.773.4608 or sherry.bren@state.sd.us.
New Licensees - November/December 2012
Shandi McFarling, State-Registered - Pierre, SD
John M. Kubes, State-Certified General - Minneapolis, MN
George Stavrenos, State-Registered - Sioux Falls, SD
Jeffrey A. Ballard, State-Registered - Sioux Falls, SD
Beth Barthel, State-Registered, Florence, SD
Dustan Waaraniemi, State-Registered - Barnesville, MN
Information Regarding Disciplinary Actions
Public information regarding disciplinary action taken against an appraiser is available upon written request to the Department of Labor and Regulation, Appraiser Certification Program, 445 East Capitol Avenue, Pierre, SD 57501 or email sherry.bren@state.sd.us. Include in the request for information the name of the appraiser and the appraiser's city and state of residence. (Disciplinary action may include denial, suspension, censure, reprimand, or revocation of a certificate by the department (ARSD 20:14:11:03).)
ARSD 20:14:11:01:01. Anonymous complaints. Initiation of an investigation may be commenced upon receipt of an anonymous complaint if it meets the following criteria:
(1) The allegations of violations of any provision of this article are considered
credible and based upon factual information which is independently
verifiable; and
(2) The complaint is accompanied by a copy of the appraisal report or other
documents which contain clearly identifiable errors or violations of the
provisions of this article.
Review of Cases - January 1, 2012 through December 31, 2012
For the period January 1, 2012 through December 31, 2012, the Department has received eleven upgrade applications and initiated fourteen complaint investigations.
Upgrades - Seven upgrades pending, one agreed disposition executed,
and three upgrades issued.
Complaints - Eight cases pending, three cases dismissed, and three agreements executed.
Appraiser Qualifications Board Q&A
Vol.4, No. 2 December 2012
The Appraiser Qualifications Board (AQB) of The Appraisal Foundation establishes the minimum education, experience and examination requirements for real property appraisers to obtain a state license or certification. The AQB Q&A is a form of guidance issued by the AQB to respond to questions raised by appraisers, enforcement officials, users of appraisal services and the public to illustrate the applicability of the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria in specific situations and to offer advice from the AQB for the Resolution of appraisal issues and problems. The AQB Q&A may not represent the only possible solution to the issues discussed nor may the advice provided be applied equally to seemingly similar situations. AQB Q&A does not establish new Criteria. AQB Q&A is not part of the Real Property Appraiser Qualification Criteria. AQB Q&A is approved by the AQB without public exposure and comment.
Experience
Question: I am a Supervisory Appraiser and I hold a Certified General credential in two states: State A and State B. One of my Trainees has a Trainee Appraiser's credential in State A only. I have an assignment in State B, and plan to take my Trainee with me to work on the assignment. Will State A grant experience to my Trainee Appraiser for work performed in State B?
Response: The Real Property Appraiser Qualification Criteria specifies experience must be gained under the supervision of the Supervisory Appraiser and the work must comply with USPAP. Thus, the Real Property Appraiser Qualification Criteria would not prohibit State A from granting the Trainee Appraiser credit in this case. However, be sure to check with the state appraiser regulatory agency in State A to confirm the state's requirements, which could be more restrictive.
2015 Real Property Appraiser Qualification Criteria-Related Issues
Supervisory Appraiser/Trainee Appraiser Education
Question 1: I am a state appraiser regulatory official and I have reviewed the AQB course content outline for the required 2015 Supervisory Appraiser/Trainee Appraiser course. Does the AQB require a minimum or maximum length for this course?
Response: AQB has not established a minimum or maximum timeframe for this course offering. The intent of the course is to cover areas of general applicability to all Supervisory Appraiser/Trainee Appraiser relationships, and to allow each state to consider including material specific to the local jurisdiction regarding state law and/or areas of practice eliciting the highest number of disciplinary actions/complaints.
Question 2: I am a state appraiser regulatory official. A course provider submitted a 2015 Supervisory Appraiser/Trainee Appraiser course for Continuing Education (CE) approval. Does the AQB allow this course to be utilized for appraiser CE?
Response: Yes, upon review and approval by the state appraiser regulatory agency, a Supervisory Appraiser/Trainee Appraiser course may be utilized for CE for existing credential holders. However, the 2015 Real Property Appraiser Qualification Criteria prohibit the course from being utilized as counted toward Qualifying Education (QE).
"Supervision" of Licensed Residential and Certified Residential Appraisers
Question: I am currently a Licensed Residential Appraiser pursuing a Certified General appraiser credential. I work for a Certified General appraiser who mentors me, and reviews and signs my commercial and complex residential work. Do we have to attend the 2015 Supervisory Appraiser/Trainee Appraiser course and do I need to keep a Trainee Appraiser log (and does my boss need to keep a Supervisory Appraiser log) for my experience to count toward earning the Certified General Credential?
Response: The 2015 Real Property Appraiser Qualification Criteria only requires a formal Supervisory Appraiser for Trainee Appraisers. Even though you may be "supervised" in the generic sense of the word, because you hold a Licensed Residential credential, the Real Property Appraiser Qualification Criteria would NOT require a Supervisory Appraiser in this case. A state appraiser regulatory agency may require the use of the Trainee Appraiser log and/or a similar log in order to demonstrate experience gained toward the Certified Residential or Certified General Credential. Please check with your state appraiser regulatory agency, since it may adopt more stringent requirements than those outlined in the Criteria.
Supervisory Appraiser Eligibility
Question 1: I have been a Certified Residential appraiser for the past five (5) years. Last month, I was issued a Certified General credential in the same jurisdiction. Am I able to supervise a Trainee Appraiser working on commercial properties?
Response: The Real Property Appraiser Qualification Criteria states Supervisory Appraisers shall be state-certified and in "good standing" in the jurisdiction in which the Trainee Appraiser practices for a period of at least three (3) years. The Criteria do not specify that a Supervisory Appraiser have a specific Certified Residential or Certified General credential, so you may be eligible to supervise a Trainee Appraiser performing commercial appraisals. However, the Supervisory Appraiser must comply with the COMPETENCY RULE of USPAP for the property type and geographic location the Trainee Appraiser is being supervised.
Question 2: I am a state-certified real property appraiser and I am supervising a Trainee Appraiser. I notice the Real Property Appraiser Qualification Criteria specifies Supervisory Appraisers shall not have been subject to any disciplinary action within any jurisdiction within the last three (3) years that affects the Supervisory Appraiser's legal eligibility to engage in appraisal practice. Can you provide examples of disciplinary actions that would affect my legal eligibility to engage in appraisal practice?
Response: The AQB has interpreted a disciplinary action to mean any adverse, final, and nonappealable decision by a state regulatory, administrative, or judicial authority of competent jurisdiction, which affects an individual's ability to practice. Sanctions imposed may vary between jurisdictions and may consist of those that do and do not affect an appraiser's legal eligibility to practice.
Sanctions that would affect an appraiser's legal eligibility to engage in appraisal practice may include, but are not limited to:
However, be sure to check with your state appraiser regulatory agency to confirm the state's requirements, which could be more restrictive.
Question 3: Can you provide examples of disciplinary actions that would not affect my legal eligibility to engage in appraisal practice?
Response: Sanctions that would not affect an appraiser's legal eligibility to engage in appraisal practice may include, but are not limited to:
However, be sure to check with your state appraiser regulatory agency to confirm the state's requirements, which could be more restrictive.
Question 4: I am a state-certified real property appraiser and I am supervising a Trainee Appraiser. I was recently investigated by my state board for an alleged violation of USPAP. The case was subsequently dismissed without merit and no violations were substantiated. Does an investigation by a state board or other duly authorized entity prelude my continued supervision of the Trainee Appraiser?
Response: No, the Real Property Appraiser Qualification Criteria specifies Supervisory Appraisers shall not have been subject to any disciplinary action within any jurisdiction within the last three (3) years that affects the Supervisory Appraiser's legal eligibility to engage in appraisal practice. Although an investigation has occurred in your case, there has been no disciplinary action taken that would preclude your continued supervision of your Trainee Appraiser. However, be sure to check with your state appraiser regulatory agency to confirm the state's requirements, which could be more restrictive.
Question 5. I am a state-certified real property appraiser and I am supervising a Trainee Appraiser. I also carry a designation issued by a professional appraiser organization. I was recently investigated by my organization for an alleged violation of the organization's professional ethics requirements, and subsequently, my professional designation was revoked. Does a revocation of my designation by the professional organization preclude my continued supervision of the Trainee Appraiser?
Response: No, the Real Property Appraiser Qualification Criteria specifies Supervisory Appraisers shall not have been subject to any disciplinary action within any jurisdiction within the last three (3) years that affects the Supervisory Appraiser's legal eligibility to engage in appraisal practice. Although your appraiser organization has imposed a disciplinary sanction by revoking your designation, this action does not, in and of itself, affect your legal eligibility to engage in appraisal practice in your credentialing jurisdiction. However, be sure to check with your state appraiser regulatory agency to confirm the state's requirements, which could be more restrictive.
Question 6: I am a state-certified real property appraiser in States A and B. I am also supervising a Trainee Appraiser in State A. I was recently investigated by the state board in State B for an alleged violation of USPAP and it was determined a violation was found to exist. Subsequently, State B suspended my appraiser certification for a period of one (1) year. Does this action preclude my continued supervision of the Trainee Appraiser in State A?
Response: Yes, the Real Property Appraiser Qualification Criteria specifies Supervisory Appraisers shall not have been subject to any disciplinary action within any jurisdiction within the last three (3) years that affects the Supervisory Appraiser's legal eligibility to engage in appraisal practice. Although you may currently be in "good standing" in State A, your legal eligibility to engage in appraisal practice in State B has been suspended and you are no longer able to act as a Supervisory Appraiser in any jurisdiction until a minimum of three (3) years after the successful completion/termination of the sanction imposed against you. However, be sure to check with your state appraiser regulatory agency to confirm state's requirements, which could be more restrictive.
Question 7: I am a Trainee Appraiser seeking a Supervisory Appraiser. I live in a state where appraisers are not required to be state-licensed or certified for appraisal assignments that do not involve federally related transactions. I have found an appraiser that is willing to supervise my work and sign my appraisal experience log, but he does not possess a state license or certification. Would this individual qualify as my Supervisory Appraiser?
Response: No, the Real Property Appraiser Qualification Criteria specifies Supervisory Appraisers shall be state-certified and in "good standing" in the jurisdiction in which the Trainee Appraiser practices for a period of at least three (3) years. The fact this individual is not a state certified appraiser precludes this appraiser from acting as your Supervisory Appraiser and signing your appraisal experience log. However, be sure to check with your state appraiser regulatory agency to confirm the state's requirements, which could be more restrictive.
General Requirements
Question: I am a state appraiser regulatory official. The 2015 Real Property Appraiser Qualification Criteria required applicants for new credentials to undergo a background check. Does this apply to credential holders from other states seeking reciprocal licensure and/or temporary practice permits in my state?
Response: The Real Property Appraiser Qualification Criteria encourage states to grant reciprocity and/or allow temporary practice to those who hold valid credentials in other states. As such, the Criteria do not require a state to examine the specifics of the original application in the credential holder's existing jurisdiction; i.e., what and/or how much education they completed and when, when the examination was completed, whether the applicant holds a college degree, what level of experience the applicant was required to complete, and/or whether the credential was issued with or without a background check.
However, as with all AQB Criteria, a state may adopt a more stringent rule with regard to background checks.
The AQB Q&A is posted on The Appraisal Foundation website.
AAA Appraisal Advantage, Inc.
Accurate Title Group, LLC
Act Appraisal, Inc.
Allstate Appraisal LP
AMC Links, LLC
AMC Settlement Services, LLC
Appraisal Management Services, LLC
Asset Management Outsourcing Services, Inc.
Axis Appraisal Management Solutions
Broad Street Valuations, Inc.
C&S Appraisal Services, LLC, dba CoreLogic Appraisal Services
C2C Appraisal Services, LLC
Class Appraisal, Inc.
ClearCapital.com, Inc.
Coester Group, Inc.
CoreLogic Collateral Solutions, LLC
DartAppraisal.com, Inc.
DataQuick Lending Solutions, Inc.
Dwellworks Residential Services, LLC
Electronic Appraisal Solutions, Inc.
Elliott & Company Appraisers, Inc.
Epic Real Estate Solutions, Inc.
Equifax Settlement Services, LLC
Equity National Title & Closing Services, Inc.
ES Appraisal Services, LLC
FA Business Services, LLC
Financial Asset Services, Inc.
Finiti, LLC
Frisco Lender Services, LLC
Goodman Dean, Inc.
Guideline Real Estate Services, LLC
Home Value Real Estate, LLC
iMortgage Services, LLC
InHouse, Inc.
International Valuation Group, LLC
IRR-Residential, LLC
ISGN Solutions, Inc.
Kirchmeyer & Associates, Inc.
LandSafe Appraisal Services, Inc.
LenderVend, LLC
Lincoln Appraisal & Settlement Services, LLC
LPS Valuation Solutions, LLC
LRES Corporation
LSI Appraisal, LLC
Mortgage Information Services, Inc.
Murcor, Inc.
National Real Estate Information Services
NationalLink Valuations, LLC
Nations Valuation Services, Inc.
Nationwide Appraisal Network, LLC
Nationwide Property & Appraisal Services, LLC
Novo Appraisal Management Corporation
Old Republic Diversified Services, Inc.
Order ProUSA, LLC
Pendo Management, LLC
PowerLink Valuations, LLC
Prime Valuation Services, LLC
Pro-Teck Services Ltd
Quality Valuation Services, LLC
Real Estate Valuation Partners, LLC
Real Shield, LLC
Real Valuation Services, LLC
Residential RealEstate Review, Inc.
Rush My Appraisal, Inc.
ServiceLInk Valuation Solutions, LLC
SettlementOne Valuation Corporation
Solidifi US, Inc.
Southwest Financial Services, LLC
Speedy Title & Appraisal Review Services, LLC (STARS)
Springhouse, LLC
StreetLinks, LLC
The Property Sciences Group, Inc.
Timios Appraisal Management, Inc.
Title Source, Inc.
Trident Services, LLC
Trimavin, LLC
U.S. Real Estate Services, Inc.
United Lender Services Corp.
United States Appraisals, LLC
Urban Lending Solutions Appraisals, LLC
Valocity, LLC
ValuAmerica, Inc.
Valuation Information Technology, LLC, dba Rels Valuation
Valued Veterans, LLC
Valutrust Solutions, LLC
WHR Group, Inc.
Corelogic Valuation Services, LLC
Data Verify National Property & Valuation Services, Inc.
Digital Risk Valuation Services, LLC
JVI - Appraisal Division, LLC
Land Gorilla, LLC
Power Valuation Services, Inc.
Secured Lending Services, GP
Vesta Valuation, LLC
AMCs Who Have Notified Department They Will No Longer Be Doing Business in SD
C & S Appraisal Services, LLC, dba CoreLogic Appraisal Services
Secured Lending Services, GP
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