N.Y. Executive Law § 160-t: Continuing education

§ 160-t. Continuing education. 1. As a prerequisite to recertification

or renewal of license, a certified or licensed real estate appraiser

shall present evidence satisfactory to the department of having met the

continuing education requirements, if any, pursuant to this article.

2. The basic continuing education requirement for recertification or

renewal of license shall be the completion by the applicant, during the

immediately preceding term of certification or license, of not less than

twenty-eight classroom hours of instruction in courses or seminars which

have received the approval of the department. Computer based and

distance learning courses may be approved by the department so long as

providers demonstrate the ability to monitor and verify participation by

the real estate appraiser for the specified time periods.

3. In lieu of meeting the requirements of subdivision two of this

section an applicant for recertification or renewal of license may

satisfy all or part of the requirements by presenting evidence of the

following:

a. Completion of an educational program of study determined by the

department to be equivalent, for continuing education purposes, to

courses approved by the department pursuant to subdivision two of this

section; or

b. Participation other than as a student in educational processes and

programs approved by the department which relate to real property

appraisal theory, practices or techniques, including, but not

necessarily limited to, teaching, program development and preparation of

textbooks, monographs, articles and other instructional materials.

4. The secretary of state or her duly appointed designee shall adopt

regulations upon recommendation by the board for implementations of the

provisions of this article to assure that persons renewing their

certifications as state certified real estate appraisers or licenses as

state licensed real estate appraisers have current knowledge of real

property appraisal theories, practices and techniques which will provide

a high degree of service and protection to those members of the public

with whom they deal in a professional relationship under authority of

the certification or license. The regulations shall prescribe the

following:

a. Policies and procedures for obtaining departmental approval of

courses of instruction pursuant to subdivision two of this section;

b. Standards, policies and procedures to be applied by the department

in evaluating applicant's claims of equivalency in accordance with

subdivision three of this section;

c. Standards, monitoring methods and systems for recording attendance

to be employed by course sponsors as a prerequisite to department

approval of courses for credit.

5. In adopting regulations pursuant to paragraph a of subdivision four

of this section, the board shall give favorable consideration to courses

of instruction, seminars and other real property appraisal educational

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 or indicating compliance with

the continuing education requirements of such organizations.

6. No amendment or repeal of a regulation adopted by the secretary of

state or her duly appointed designee pursuant to this section shall

operate to deprive a state certified real estate appraiser of credit

toward recertification, or a state licensed real estate appraiser of

credit toward renewal of license, for any course of instruction

completed by the applicant prior to the amendment or repeal of the

regulation which would have qualified for continuing education credit

under the regulation as it existed prior to the repeal or amendment.

7. A certification as a state certified real estate appraiser, or a

license as a state licensed real estate appraiser, that has been revoked

as a result of disciplinary action by the department shall not be

reinstated unless the applicant presents evidence of completion of the

continuing education required by this article. This requirement of

evidence of continuing education shall not be imposed upon any applicant

for reinstatement who has been required to successfully complete the

examination for state certified or licensed real estate appraiser as a

condition to reinstatement of certification or license.

8. The board shall prescribe the continuing education requirements for

licensed real estate appraiser assistants; provided, however, that in no

event shall such requirements be less than the minimum criteria

established by the Appraisal Subcommittee of the Federal Financial

Institutions Examination Council or by the Appraiser Qualification Board

of the Appraisal Foundation as referred to in title XI of the Financial

Institutions Reform, Recovery and Enforcement Act of 1989.