Hoffmann (HB 1018) Act No. 213
Existing law provides definitions for the Louisiana Real Estate Appraisers Law.
New law adds that "in good standing" shall be defined as "the status of a licensee who has
complied with all explicit license obligations thereby having unabated authority to conduct
license activities" for purposes of the Louisiana Real Estate Appraisers Law.
Prior law provided that appraiser licenses shall be granted only to persons who had attained
the age of 18 years, who held a high school diploma or its equivalent, and who had a good
reputation for honesty, trustworthiness, integrity, and competence to perform real estate
appraisals and only after satisfactory proof of such qualifications had been presented to the
board.
New law removes provisions of prior law and provides that appraiser licenses shall be
granted to persons who satisfied the minimum education, examination, and experience
requirements mandated by the Appraiser Qualifications Board (AQB) of the Appraisal
Foundation and published in the most current version of the Real Property Appraiser
Qualification Criteria, including any subsequent amendments and regulations issued pursuant
thereto.
New law provides that all applicants for a real estate appraiser license shall undergo a
background screening as mandated by the AQB of the Appraisal Foundation and prescribed
by the board.
Prior law provided that a licensee whose license, or its equivalent, had been revoked was to
meet all requirements of an initial applicant and present evidence of completion of 15 hours
of continuing education for each renewal period, or portion thereof, following the date on
which the license, or its equivalent, was revoked.
New law provides an applicant whose license has been revoked shall meet all requirements
of an initial applicant and shall present evidence of completion of continuing education for
each renewal period, or portion thereof, following the date on which the license was revoked.
Prior law provided that applicants for a real estate appraiser trainee license, a certified
residential real estate appraiser license, and a general real estate appraiser license shall be
subject to certain standards, training, completion of qualifying education hours, and must
undertake certain duties.
New law requires that applicants for a real estate appraiser trainee license shall be subject to
training and direct supervision by a certified appraiser who has been licensed as a certified
real estate appraiser for at least three years prior to becoming a supervising appraiser and is
in good standing as a certified residential or certified general real estate appraiser.
New law requires both the trainee applicant and the supervising appraiser shall complete a
course that complies, at minimum, with the specifications for course content established by
the AQB. The course shall be oriented toward the requirements and responsibilities of
supervising appraisers and expectations for trainee appraisers. The course shall be completed
by the trainee appraiser prior to obtaining a trainee appraiser license and by the supervising
appraiser prior to supervising a trainee appraiser. The supervising appraiser shall not have
been subject to any disciplinary action within the last three years that affects the supervisor's
legal eligibility to engage in appraiser practice.
Prior law permitted the trainee to have more than one supervising appraiser. The scope of
work for the real estate appraiser trainee was limited to the appraisal of those properties that
the supervising real estate appraiser was licensed to appraise.
New law permits the appraiser trainee to have more than one supervising appraiser. The
scope of work for the appraiser trainee is limited to the appraisal of those properties that the
supervising appraiser is licensed to appraise.
Prior law provided that applicants for a real estate appraiser trainee license shall have
completed 75 classroom hours of qualifying education, or its equivalent, in core education
subjects that include 30 hours of basic appraisal principles, 30 hours of basic appraisal procedures, and the 15 hour National Uniform Standards of Professional Appraisal Practice
course, or its equivalent, and passage of a final examination in each course. These hours
could be credited toward the educational requirement for all appraiser license classifications.
New law removes prior law.
Prior law required the real estate appraiser trainee to maintain a separate appraisal log for
each supervising licensed appraiser that included the information below (and information
contained in existing law) for each appraisal:
(1)Description of work performed.
(2) Number of work hours.
(3) Name, signature, and state license number of the supervising licensed appraiser.
New law requires the appraiser trainee to maintain a separate appraisal log for each
supervising licensed appraiser that includes the information below for each appraisal:
(1)Description of work performed by the appraiser trainee and supervising appraiser.
(2)Number of actual work hours.
(3)Name, signature, and state license number of the supervising appraiser.
Prior law required all trainees who have been licensed in excess of two years to obtain
continuing education that is equivalent to 15 classroom hours of instruction for each year.
New law requires that, as a prerequisite to license renewal, all appraiser trainees shall obtain
the equivalent of 14 hours of continuing education per calendar year.
Prior law entitled the real estate appraiser trainee to obtain copies of appraisal reports
prepared by the trainee. The supervising appraiser was to keep copies of the trainee appraisal
reports for a period of at least five years or at least two years after final disposition of any
judicial proceeding in which testimony was given, whichever period expired last.
New law requires that the appraiser trainee shall be entitled to obtain copies of appraisal
reports prepared by the trainee. The supervising appraiser shall keep copies of the trainee
appraisal reports for a period of at least five years or at least two years after final disposition
of any judicial proceeding in which testimony is given, whichever period expires last.
Prior law provided that the minimum education, examination, and experience requirements
for a real estate appraiser trainer license were those mandated by the federal AQB and
published in the 2006 Real Property Appraiser Qualification Criteria or any of its subsequent
amendments and regulations.
New law repeals prior law.
New law requires as a prerequisite to license renewal, all certified residential and certified
general appraisers shall complete the equivalent of 14 hours of continuing education
instruction per calendar year.
Prior law provided that a license as a real estate appraiser shall not be issued in any class
other than real estate appraiser trainee unless the applicant demonstrated through a written
examination process that he or she possessed the following:
(1)Knowledge of technical terms commonly used in or related to real estate appraising,
appraisal report writing, and economic concepts applicable to real estate appropriate
to the type of license sought.
(2)Basic understanding of real estate law.
(3)Adequate knowledge of theories of depreciation, cost estimating, methods of
capitalization, and the mathematics of real estate appraisal. (4)Understanding of the principles of land economics, real estate appraisal processes,
and of problems likely to be encountered in the gathering, interpreting, and
processing of data in carrying out appraisal disciplines.
(5)Understanding of the standards for the development and communication of real estate
appraisals as provided in this Chapter.
(6)Understanding of the types of misconduct for which disciplinary proceedings may be
initiated against a state licensed real estate appraiser, as set forth in this Chapter.
New law removes prior law and provides that a license as a real estate appraiser shall not be
issued in any class other than real estate appraiser trainee unless the applicant has passed a
qualifying examination approved by the AQB of the Appraisal Foundation for such license.
Prior law required all licensure applicants to successfully complete all educational
requirements as provided in existing law, earn a high school diploma, or its equivalent, and
complete an examination given pursuant to existing law prior to submitting evidence to the
board of having completed the number of hours of experience required for licensure.
New law repeals prior law.
Prior law provided that a nonresident applicant who had complied with the provisions of
existing law (R.S. 37:3401(A)) could have applied for a license as a real estate appraiser in
this state by conforming to all of the provisions of existing law relating to real estate
appraisers.
New law provides that an applicant who has complied with the provisions of existing law
(R.S. 37:3401(A)) may apply for a license as a real estate appraiser in this state in accordance
with Subsection (b) of Section 1122 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
Prior law provided that a nonresident real estate appraiser certified or licensed in another
jurisdiction was allowed to make appraisals on a temporary basis only if the nonresident
appraiser has registered with the board and had provided the board with a license or
certification history from the jurisdiction in which he was currently certified or licensed
verifying that his certification or license was valid and in good standing, payment of the
temporary registration fee specified in R.S. 37:3407(A)(7), and written recognition of the fact
that this registration was of a temporary nature, as well as meeting others conditions
contained in existing law.
New law provides that a nonresident real estate appraiser certified or licensed in another
jurisdiction may make appraisals on a temporary basis only if the nonresident appraiser has
registered with the board on the prescribed form and has provided the board with payment
of the temporary registration fee specified in R.S. 37:3407(A)(7), as well as meeting others
conditions contained in existing law.
Prior law provided that if the board determined that another jurisdiction has substantially
equivalent certification or license requirements to those of this state, the board may allow any
resident applicant who was certified under the laws of that jurisdiction to obtain a reciprocal
license as a real estate appraiser in this state.
New law repeals prior law.
Prior law provided basic continuing education requirements for renewal of a real estate
appraiser license, including the completion of not less than 30 classroom hours, or its
equivalent, in courses that have received the approval of the board.
New law provides the basic continuing education requirements for renewal of a real estate
appraiser license shall be the completion of not less than 28 hours, or its equivalent, in
courses that have received the approval of the board.
Existing law requires that in lieu of meeting the continuing education requirements, an
applicant for renewal may present evidence participating, other than as a student, in
educational processes and programs in real property appraisal theory, practices, or techniques, including but not limited to teaching, program development, and preparation of
textbooks, monographs, articles, and other instructional materials, all to be approved by the
board.
New law retains existing law and provides that no more than half of the continuing education
credit shall be granted for participation pursuant to retained existing law.
Prior law provided that in making recommendations pursuant to existing law (R.S.
37:3408(D)(1)), the board shall give favorable consideration to courses of instruction,
seminars, and other real property appraisal education courses or programs previously or
hereafter developed by or under the auspices of professional appraisal organizations and
utilized by those associations for purposes of designation, certification, or recertification of
the members of the association.
New law changes prior law by no longer requiring consideration of instruction courses to be
favorable.
New law provides that it is the duty of each licensed real estate appraiser to notify the board
within 10 days by registered or certified mail or by hand delivery of any sanction imposed
on the appraiser by another jurisdiction.
Prior law provided that a licensed real estate appraiser was to comply with generally
accepted standards of professional practice in the development and communication of
appraisals of real estate located in this state and with generally accepted ethical rules of
conduct as contained in the "Uniform Standards of Professional Appraisal Practice", or its
successor, as approved by the Appraisal Subcommittee of the Federal Financial Institutions
Examination Council, or its successor.
New law provides that a licensed real estate appraiser shall comply with generally accepted
standards of professional practice in the development and communication of appraisals of
real estate located in this state and with generally accepted ethical rules of conduct as
contained in the "Uniform Standards of Professional Appraisal Practice", or its successor,
as approved by the Appraisal Standards Board of the Appraisal Foundation or its successor.
Effective Aug. 1, 2014.
(Amends R.S. 37:3396(B), (D), and (F)(2), 3397(B)(1), (3)(intro. para.), and (d)-(f), (4), and
(5), 3398(A), 3401(B), (C)(intro. para.) and (3), 3408(B), (C)(2), (E), and 3410(A); Adds
R.S. 37:3392(13), 3397.1, and 3409(E)(4); Repeals R.S. 37:3397(B)(6), (C), and (D),
3398(D), and 3401(D))