4 Colo. Code Regs. § 725-2, ch. 3

Current through Register Vol. 47, No. 22, November 25, 2024

Chapter 3 - STANDARDS FOR REAL ESTATE APPRAISAL QUALIFYING EDUCATION PROGRAMS

3.1. Repealed.

3.2. Qualifying Education must be taken from providers approved by the Board. In order to be approved, Qualifying Education courses and the providers must meet the following standards at the time it is offered:

A. Course content was developed by Persons qualified in the subject matter and instructional design;

B. Course content is current and corresponds with the common body of knowledge;

C. The instructor is qualified with respect to content and teaching methods, and the body of knowledge;

D. The number of participants and the physical facilities are consistent with the teaching method;

E. An examination is included for measuring the information learned;

F. The educational offering will be developed and communicated in a manner as to promote and maintain a high level of public trust in appraisal practice; and

G. Meet the class hour requirements as set forth in Rule 3.5.

3.3. The following may be approved as providers of Qualifying Education provided that the standards set forth in Rule 3.2. are maintained and the education providers have complied with all other requirements of the state of Colorado:

A. Accredited College or University as defined in Rule 1.35.;

B. Professional appraisal and real estate related organizations;

C. State or federal government agencies;

D. Proprietary schools holding valid certificates of approval from the Colorado Division of Private Occupational Schools, Department of Higher Education;

E. Providers approved by other Jurisdictions, provided the Jurisdiction's appraiser regulation program is in compliance with Title XI, FIRREA, as determined by the ASC as defined in Rule 1.3.;

F. Providers approved under the CAP as defined in Rule 1.38.; and

G. Such other providers as the Board may approve upon petition of the provider or the applicant in a form acceptable to the Board.

3.4. On or after January 1, 1991, in order to be approved by the Board, each education provider must maintain for a period of five (5) years from the last course offering, and provide to the Board upon request, information regarding the Qualifying Education course offerings including, but not limited to the following:

A. Outline or syllabus;

B. All texts, workbooks, handouts or other course materials;

C. Instructors and their qualifications, including selection, training and evaluation criteria;

D. Course examinations;

E. Dates and locations of course offerings; and

F. Student attendance records.

3.5. The number of hours credited must be equivalent to the actual number of instruction and testing contact hours.

A. Synchronous Distance Education courses provide for instruction and interaction substantially the same as on-site classroom courses. Synchronous Distance Education courses meet class hour requirements if they comply with the following:

1. A class hour must be sixty (60) minutes, of which at least fifty (50) minutes are instruction attended by the student. The prescribed number of class hours includes time for examinations.

2. Synchronous Distance Education courses are offered by approved course providers as set forth in Rule 3.3.

B. Asynchronous Distance Education courses meet class hour requirements if they comply with the following:

1. The course must provide active student engagement as set forth in Rule 3.14.

2. Content approval is obtained from the AQB, the Division, other state appraiser regulatory jurisdictions, or an Accredited College or University that offers distance education programs and is approved or accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the US Secretary of Education. Non-academic credit college courses provided by a college must be approved by the AQB or a state appraiser regulatory jurisdiction.

3. Course delivery mechanism approval is obtained from one of the following sources:

a. The AQB;

b. An AQB approved organization providing approval of course design and delivery;

c. An Accredited College or University that qualifies for content approval as set forth in subsection B.2. of this Rule that awards academic credit for the distance education course; or

d. A qualifying Accredited College or University for content approval with a distance education delivery program that approves the course design and delivery that incorporate interactivity.

C. Hybrid Course Education courses meet class hour requirements if they comply with the following:

1. In-person course sessions meet the class hour requirements as set forth in subsection A.1. of this Rule and courses are offered by approved course providers as set forth in Rule 3.3.

2. Synchronous Distance Education course sessions meet the requirements as set forth in subsection A. of this Rule.

3. Asynchronous Distance Education course sessions meet the class hour requirements as set forth in subsection A.1. of this Rule, courses are offered by approved course providers as set forth in Rule 3.3., and meet the requirements as set forth in subsection B. of this Rule.

3.6. Each Qualifying Education course offering must be at least fifteen (15) hours in duration except for the 8-hour course on Valuation Bias and Fair Housing Laws and Regulations, and must include an examination pertinent to the material covered, and be comprised of segments of not less than one (1) classroom hour.

3.7. Qualifying Education courses and corresponding examinations must be successfully completed by the Applicant. Successful completion means the Applicant has attended the offering, participated in course activities, and achieved a passing score on the course examination.

3.8. Repealed.

3.9. It is the Applicant's responsibility to verify that a Qualifying Educational course offering has been approved by the Board, if the Applicant wishes to claim credit for the course.

3.10. Repealed.

3.11. Hours of Qualifying Education accepted in satisfaction of the education requirement of one level of licensure may be applied toward the requirement for another level and need not be repeated. Applicants are responsible for demonstrating coverage of the required topics.

3.12. The following factors must be used to convert Accredited College or University course credits into qualifying education hours:

A. Semester Credits x 15.00 = Hours

B. Quarter Credits x 10.00 = Hours

3.13. Applicants must successfully complete Qualifying Education which builds upon and augments previous courses. Qualifying Education courses which substantially repeat or duplicate other course work in terms of content and level of instruction will not be accepted. The Board will give appropriate consideration to courses where substantive changes in content have occurred.

3.14. To be acceptable for Qualifying Education, Asynchronous Distance Education offerings must incorporate methods and activities that promote active student engagement and participation in the learning process. Among those methods and activities acceptable are written exercises which are graded and returned to the student, required responses to computer based presentations, provision for students to submit questions during teleconferences, and examinations proctored by an independent third party, who is an official approved by the college or university, or by the sponsoring organization. Bio-Metric Proctoring is acceptable. Simple reading, viewing or listening to materials without active student engagement and participation in the learning process is not sufficient to satisfy the requirements of this Rule 3.14.

3.15. As to Qualifying Education courses completed in other Jurisdictions with appraiser regulatory programs that are in compliance with Title XI, FIRREA, as determined by the ASC as defined in Rule 1.3., the Board will accept the number of hours of education accepted by that Jurisdiction.

3.16. To be acceptable for Qualifying Education, Synchronous Distance Education and Asynchronous Distance Education courses must meet the other requirements of Chapter 3 of these Rules, and must include a written, closed book final examination proctored by an independent third party, or other final examination testing procedure acceptable to the Board. Bio-Metric Proctoring is acceptable. Examples of acceptable examination proctors include public officials who do not supervise the student, secondary and higher education school officials, and public librarians. Failure to observe this requirement may result in rejection of the course and/or course provider by the Board for that Applicant, and may result in the Board refusing or withdrawing approval of any courses offered by the provider.

3.17. All Qualifying Education courses in the USPAP begun on and after January 1, 2003, and offered through Asynchronous Distance Education modalities must meet the requirements as set forth in Rule 3.5.B. or be approved through the CAP as defined in Rule 1.38., and taught by an instructor certified by the AQB who is also a state certified appraiser.

3.18. Course providers must provide a course completion certificate to each student who successfully completes a Qualifying Education course in the manner set forth in Rule 3.7. The Board does not mandate the exact form of course completion certificates; however, the following information must be included:

A. Name of course provider;

B. Course title, which must describe topical content, or the Criteria Core Curriculum module title;

C. Course number, if any;

D. Course dates;

E. Number of approved education hours;

F. Statement that the required examination was successfully completed;

G. Method of course delivery: in-person, Synchronous Distance Education, or Asynchronous Distance Education;

H. Name of student; and

I. For all USPAP courses begun on and after January 1, 2003, the name(s) and AQB USPAP instructor certification number(s) of the instructor(s).

3.19. The provisions of Rule 3.3. notwithstanding, Qualifying Education courses begun on and after January 1, 2004 and offered through Asynchronous Distance Education modalities must meet the requirements as set forth in Rule 3.5.B. or be approved through the CAP as defined in Rule 1.38. The Board will not accept Asynchronous Distance Education courses begun on and after January 1, 2004 that have not met the requirements of Rule 3.5.B. or have not been approved through the CAP.

3.20. All Qualifying Education courses in the USPAP must be presented using the most recent edition and the most recent version of the National USPAP Course (real property) or equivalent as approved by the AQB, with the exception that courses begun in the three (3) months preceding the effective date of a new edition may be presented using the next succeeding USPAP edition and course version, if available from TAF.

3.21. All Qualifying Education courses begun on or after January 1, 2008, must meet the requirements as set forth in Rule 3.5. or be approved through the CAP. On a limited case by case basis, the Director may approve in advance of the course offering if the Director determines, in writing, that the public is not served by requiring that the specific course meet the requirements 3.5.B. or be approved through CAP. Course providers seeking such an exemption must provide the Director with all requested information the Director deems necessary.

3.22. By offering Qualifying Education approved by the Board, each provider agrees to comply with the relevant statutes, and Rules and to permit the Board to audit said courses at any time and at no cost.

3.23. Introduction to Ad Valorem Mass Appraisal courses that have been approved by the Board as Qualifying Education can be used for credit as appraisal subject matter electives for Applicants seeking licensure as a Certified Residential Appraiser or Certified General Appraiser.

3.24. Applicants are required to provide copies of course completion certificates to the Board as set forth in Rule 6.1.

4 CCR 725-2, ch. 3

37 CR 15, August 10, 2014, effective 8/30/2014

37 CR 23, December 10, 2014, effective 1/1/2015

38 CR 19, October 10, 2015, effective 10/30/2015

39 CR 11, June 10, 2016, effective 6/30/2016

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 15, August 10, 2017, effective 8/30/2017

40 CR 23, December 10, 2017, effective 1/1/2018

41 CR 07, April 10, 2018, effective 4/30/2018

41 CR 15, August 10, 2018, effective 8/30/2018

41 CR 23, December 10, 2018, effective 12/31/2018

42 CR 11, June 10, 2019, effective 6/30/2019

42 CR 23, December 10, 2019, effective 1/1/2020

43 CR 23, December 10, 2020, effective 1/1/2021

44 CR 07, April 10, 2021, effective 4/30/2021

44 CR 23, December 10, 2021, effective 1/1/2022

45 CR 07, April 10, 2022, effective 4/30/2022

45 CR 19, October 10, 2022, effective 10/30/2022

45 CR 23, December 10, 2022, effective 12/30/2022

46 CR 23, December 10, 2023, effective 1/1/2024