Section 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.