Administrative Rule Review Report  #AR09-070

Legislative Service Office

17-Nov-09

 

AGENCY:                                         Wyoming Certified Real Estate Appraiser Board.

 

DATE SUBMITTED:                         November 12, 2009.

 

SUBJECT:                                         Chapter 1, Certified Real Estate Appraiser Board; and Chapter 2, Certified Real Estate Appraiser Board Application Review, Complaints and Hearing Procedures.

 

NATURE OF RULES:                        Legislative, procedural

 

STATUTORY AUTHORITY:            W.S. 33-39-105

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:                  Apparently complete to date.

 

SUMMARY OF RULES:           The rules amended relate to the licensure of real estate appraisers.  The rules in chapter 1 are amended to establish a permit process for applicants that hold a permit from another state.  The rules are also amended to provide for an application review committee to review applications for certification and to clarify the application process.  The rules are amended to require supervisors and trainees to attend an approved course together.  Chapter 1 is also amended with technical corrections throughout.

 

In section 15 of Chapter 1, the rules are amended to reference a statute, however the statutory citation appears to be incorrect.

 

Chapter 2 is a new chapter of the rules.  Chapter 2 establishes the application review process.  Chapter 2 also provides a process for complaints and establishes a formal hearing process.

 

FINDINGS:      The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION: That the Council recommend that the Governor direct the Agency to amend the rules in the future to address the statutory reference concern as raised in the rule review report, and that the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

                                                                        _______________________

                                                                        Joshua Anderson

                                                                        Staff Attorney

 

                                                                        _______________________

                                                                        Lynda G. Cook

                                                                        Staff Attorney

JDA/