339.517. Examination required, when--rules authorized, invalid, when.
Examination required, when--rules authorized, invalid, when.
339.517. 1. Any person who files with the commission an applicationfor state licensure or certification as a real estate appraiser shall berequired to pass an examination to demonstrate his or her competence. Thecommission shall, also, make such investigation as is required to verifysuch qualifications. If the results of the investigation are satisfactoryto the commission and the applicant is otherwise qualified, then thecommission shall issue to the applicant a license or certificateauthorizing the applicant to act as a state-licensed real estate appraiseror a state-certified real estate appraiser in Missouri. If the results ofthe investigation are unsatisfactory, action on the application may bedeferred pending a hearing before the real estate appraisal commission.
2. The commission shall promulgate and adopt regulations whichprescribe and define the subjects related to real estate appraisal and theexperience in real estate appraisal that will satisfy the qualificationrequirements for licensure or certification. The commission may approvecourses of instruction in an accredited college or university relating tothe appraisal of real estate and related disciplines including, but notlimited to, economics, finance, statistics, principles of capitalization,real estate and such other areas deemed relevant by the commission. Thecommission may also approve similar courses of instruction offered byrecognized professional appraisal organizations and real estateorganizations and agencies of the state and federal government, and otherqualified providers which may be approved by the commission. Thecommission may require by rule that some or all of an applicant'squalifying experience in real estate appraising be obtained on appraisalsof real estate located in this state.
3. Each applicant for certification or licensure shall furnish underoath a detailed statement of the real estate appraisal assignments or filememoranda for each year in which real estate appraisal experience isclaimed by the applicant. Upon request, the applicant shall furnish to thecommission a sample of appraisal reports or file memoranda which theapplicant has prepared in the course of his or her appraisal practice.
4. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2003, shall beinvalid and void.
(L. 1990 H.B. 1456 § 10, A.L. 1990 H.B. 1788 § 10, A.L. 1993 S.B. 18, A.L. 1998 H.B. 1601, et al., A.L. 2003 S.B. 327)