CHAPTER 11
CONTINUING EDUCATION
[Prior to 2/20/02, see 193F—Chapter 6]
193F—11.1(272C,543D) Definitions. For the purpose of these rules, the following definitions shall apply:
“Approved program” means a continuing education program, course, or activity that satisfies the standards set forth in these rules and has received advance approval of the board pursuant to these rules.
“Approved provider” means a person or an organization that has been approved by the board to conduct continuing education programs pursuant to these rules.
“Board” means the Iowa real estate appraiser examining board.
“Continuing education” means education which is obtained by a person certified to practice real estate appraising in order to maintain, improve, or expand skills and knowledge obtained prior to initial certification or registration, or to develop new and relevant skills and knowledge, all as a condition of renewal.
“Credit hour” means the value assigned by the board, or the AQB, to a continuing or qualifying education program.
“Distance education” means any education process based on the geographical separation of student and instructor. “Distance education” includes computer-generated programs and webinars.
“Guest speaker” means an individual who teaches an appraisal education program on a one-time-only or very limited basis and who possesses a unique depth of knowledge and experience in the subject matter.
“Hour” means 50 minutes of instruction.
“Live instruction” means an educational program delivered in a classroom setting where both the student and the instructor are present in the same room.
“Qualifying education” means education that is obtained by a person seeking certification as a real property appraiser prior to initial certification or registration where the minimum length of the education offering is at least 15 hours and the individual successfully completes a proctored, closed-book final examination pertinent to that educational offering.
[ARC 9865B, IAB 11/30/11, effective 1/4/12; ARC 1732C, IAB 11/12/14, effective 12/17/14; ARC 6170C, IAB 2/9/22, effective 3/16/22]
193F—11.2(272C,543D) Continuing education requirements.
	11.2(1) Certified residential, certified general and associate appraisers must demonstrate compliance with the following continuing education requirements as a condition of biennial renewal:
	a. 	A minimum of 28 credit hours in approved continuing education programs must be acquired during the two-year renewal period. Carryover hours from a previous renewal period are not allowed.
	b. 	The purpose of continuing education is to ensure that the appraiser participates in a program that maintains and increases the appraiser’s skill, knowledge and competency in real estate appraising. Credit may be granted for educational offerings that are consistent with the purpose of continuing education. A minimum of 21 of the required 28 credit hours must involve courses that address one or more of the subject areas listed in subrule 11.4(2).
	c. 	Appraisers must successfully complete the seven-hour National USPAP Update Course, or its equivalent, each two-year renewal cycle. Equivalency shall be determined through the AQB Course Approval Program or by an alternate method established by the AQB. USPAP continuing education credit shall be awarded only when the class is instructed by an AQB-certified instructor(s) and when the class is instructed by at least one state-certified residential or state-certified general appraiser. Individuals who are credentialed in more than one jurisdiction shall not have to take more than one seven-hour National USPAP Update Course within a two-calendar-year period for the purposes of meeting AQB criteria.
	d. 	With the exception of continuing education obtained during the 30-day grace period authorized by and subject to and in accordance with 193F—subrule 9.4(2), all continuing education claimed on a biennial renewal must have been acquired during the renewal period. In addition, all continuing education claimed on a biennial renewal must have been actually taken and completed prior to the renewal application being submitted to the board.
	11.2(2) All continuing education credit hours may be acquired in approved classroom or distance education programs.
	11.2(3) A maximum of 14 of the required 28 credit hours may be claimed by an instructor for teaching one or more approved continuing education programs in an amount equal to the credit hours approved for attendees. Instructors claiming such credit must teach the appraisal course during the renewal cycle in which credit is claimed and may not claim the course more than once in the renewal cycle. The board may request supportive documentation to ascertain course content and to verify the date(s), time, place and hours taught.
	11.2(4) An applicant seeking to renew an initial certificate or registration issued less than 185 days prior to renewal is not required to report any continuing education. An applicant seeking to renew an initial certificate or registration issued for 185 days to 365 days prior to renewal must demonstrate completion of at least 14 credit hours which must include the National USPAP Update course or its AQB equivalent. An applicant seeking to renew an initial certificate or registration issued 365 days prior to renewal or more must demonstrate completion of at least 28 credit hours, including 7 credit hours of the most recent National USPAP Update.
	11.2(5) Prior to reinstatement or reactivation of a certified general registration or a certified residential registration, a certified credential holder in inactive, retired, or lapsed status must complete all required continuing education hours that would have been required if the certified credential holder was in active status. The required hours must also include the most recent edition of a seven-hour National USPAP Update Course. Waivers may not be granted to credential holders who have failed to meet the continuing education requirements.
	11.2(6) During each two-year renewal period, a continuing education program may be taken for credit only once, except USPAP courses as long as it is not the same USPAP course (e.g., an appraiser may take the 2018-2019 USPAP and the 2020-2021 USPAP update course but may not take two 2018-2019 USPAP update courses).
	11.2(7) Successful completion of a continuing education program requires that at least 50 minutes of every class hour be attended by the student. Continuing education credits shall not be granted to attendees who are present for less than 50 minutes of every class hour.
	11.2(8) An applicant may claim continuing education credits that have been approved by another jurisdiction that has a continuing education requirement for renewal of a real estate appraisal certificate if the applicable program was approved by the other jurisdiction’s appraisal regulatory body or the AQB for continuing education purposes at the time the applicant completed the course. The burden of proof is on the applicant to demonstrate that a claimed course was approved by either the other jurisdiction or the AQB for continuing education purposes at the time the applicant completed the course. All other programs must be approved upon application to the board pursuant to rules 193F—11.4(272C,543D), 193F—11.5(272C,543D) and 193F—11.6(272C,543D).
	11.2(9) A person certified or registered to practice real estate appraising in Iowa shall be deemed to have complied with Iowa’s continuing education requirements for periods in which the person is a resident of another state or district having continuing education requirements for real estate appraising and meets all requirements of that state or district. Waivers may not be granted to credential holders who have failed to meet the continuing education requirements. Deferrals may not be granted to credential holders, except in the case of persons returning from active military duty. Credential holders returning from active military duty may be placed in active status for a period of up to 90 days pending completion of all continuing education requirements. To qualify, the credential holder must submit a request in writing and provide a copy of the military orders.
	11.2(10) A person certified or registered to practice real estate appraising in Iowa who completes an education course approved by both the board and another appraiser regulatory body, for which the approved hours vary, will only be allowed to claim the hours approved by the board to meet the requirements of renewal of the person’s associate registration or certified credential in Iowa. A person certified or registered to practice real estate appraising in Iowa who completes an educational course not approved in Iowa, but approved by either the AQB or by another appraiser regulatory body, may claim the hours awarded by either the AQB or the appraiser regulatory body of the other jurisdiction.
[ARC 7774B, IAB 5/20/09, effective 6/24/09; ARC 9865B, IAB 11/30/11, effective 1/4/12; ARC 0412C, IAB 10/31/12, effective 12/5/12; ARC 0635C, IAB 3/6/13, effective 4/10/13; ARC 1732C, IAB 11/12/14, effective 12/17/14; ARC 5237C, IAB 10/21/20, effective 11/25/20; ARC 5785C, IAB 7/28/21, effective 9/1/21; ARC 6170C, IAB 2/9/22, effective 3/16/22]
193F—11.3  Reserved.
193F—11.4(272C,543D) Minimum program qualifications.
	11.4(1) Continuing education programs, as a condition of board approval, must provide a formal program of learning that contributes to the growth in the professional knowledge and professional competence of real estate appraisers.
	11.4(2) Continuing education programs dealing with the following subject areas that are integrally related to appraisal topics and that will generally be acceptable include, but are not limited to:
	a. 	Ad valorem taxation;
	b. 	Agriculture production and economics;
	c. 	Agronomy/soil;
	d. 	Approaches to value;
	e. 	Arbitrations, dispute resolution;
	f. 	Courses related to the practice of real estate appraisal or consulting;
	g. 	Construction cost or development cost estimating;
	h. 	Ethics and standards of professional practice, USPAP;
	i. 	Land use planning or zoning;
	j. 	Management, leasing, time sharing;
	k. 	Property development, partial interests;
	l. 	Real estate appraisal law and rules;
	m. 	Real estate appraisal (valuations/evaluations);
	n. 	Real estate law, easements, and legal interests;
	o. 	Real estate litigation, damages, condemnation;
	p. 	Real estate financing and investment;
	q. 	Real estate appraisal-related computer applications;
	r. 	Real estate securities and syndication;
	s. 	Developing opinions of real property value in appraisals that also include personal property or business value, or both;
	t. 	Seller concessions and impact on value;
	u. 	Energy efficient items and “green building” appraisals; and
	v. 	Real estate appraisal technology (e.g., drones).
	11.4(3) The following programs will not be acceptable:
	a. 	Sales promotion meetings held in conjunction with the appraiser’s general business;
	b. 	Time devoted to breakfast, lunch or dinner;
	c. 	A program certified by the use of a challenge examination. The required number of hours must be completed to receive credit hours;
	d. 	Programs that do not provide at least two credit hours.
	11.4(4) Continuing education credit will be granted only for whole hours, with a minimum of 50 minutes constituting one hour. For example, 150 minutes of continuous instruction would count as three credit hours; however, more than 100 minutes but less than 150 minutes of continuous instruction would only count as two hours.
	11.4(5) Continuing education credit may be approved for university or college courses, when an official transcript is provided, in qualifying topics according to the following formula: Each semester hour of credit shall equal 15 credit hours and each quarter hour of credit shall equal 10 credit hours.
[ARC 9865B, IAB 11/30/11, effective 1/4/12; ARC 1732C, IAB 11/12/14, effective 12/17/14; ARC 5237C, IAB 10/21/20, effective 11/25/20; ARC 6170C, IAB 2/9/22, effective 3/16/22]
193F—11.5(272C,543D) Standards for provider and program approval. Providers and programs must satisfy the following minimum standards in order to be preapproved in accordance with the procedures established in rule 193F—11.4(272C,543D) and in order to maintain approved status.
	11.5(1) The program must be taught or developed by individuals who have the education, training and experience to be considered experts in the subject matter of the program and competent in the use of teaching methods appropriate to the program.
	11.5(2) Rescinded IAB 2/9/22, effective 3/16/22.
	11.5(3) In determining whether an instructor is qualified to teach a particular program, the board will consider whether the instructor has an ability to teach and an in-depth knowledge of the subject matter.
	11.5(4) An instructor may demonstrate the ability to teach by meeting one or more of the following criteria:
	a. 	Hold a bachelor’s degree or higher in education from an accredited college (attach a copy of transcripts);
	b. 	Hold a current teaching credential or certificate in any real estate or real estate-related fields (attach copy);
	c. 	Hold a certificate of completion in the area of instruction from an instructor institute, workshop or school that is sponsored by a member of the Appraisal Foundation (detail specific teaching experiences);
	d. 	Hold a full-time current appointment to the faculty of an accredited college;
	e. 	Other, as the board may determine.
	11.5(5) An instructor may demonstrate in-depth knowledge of the program’s subject matter by meeting one or more of the following criteria:
	a. 	Hold a bachelor’s degree or higher from an accredited college with a major in a field of study directly related to the subject matter of the course the instructor proposes to teach, such as business, economics, accounting, real estate or finance (attach copy of transcript);
	b. 	Hold a bachelor’s degree or higher from an accredited college and have five years of appraisal experience related to the subject matter of the course the instructor proposes to teach (attach copy of transcript and document how the instructor’s experience is related to the subject matter the instructor proposes to teach);
	c. 	Hold a generally recognized professional real property appraisal designation or be a sponsor member of the Appraisal Foundation;
	d. 	Other, as the board may determine.
	11.5(6) Only AQB-certified USPAP instructors, listed on the website of the Appraisal Foundation may teach the national USPAP courses, or its AQB-approved equivalent.
	11.5(7) Course content and materials must be accurate, consistent with currently accepted standards relating to the program’s subject matter and updated no later than 30 days after the effective date of a change in standards, laws or rules.
	11.5(8) Programs must have an appropriate means of written evaluation by participants. Evaluations shall include the relevance of the materials, effectiveness of presentation, content, facilities, and such additional features as are appropriate to the nature of the program.
	11.5(9) No part of any course shall be used to solicit memberships in organizations, recruit appraisers for affiliation with any organization or advertise the merits of any organization or sell any product or service.
	11.5(10) Providers must clearly inform prospective participants of the number of credit hours preapproved by the board for each program and all applicable policies concerning registration, payment, refunds, attendance requirements and examination grading.
	11.5(11) Procedures must be in place to monitor whether the person receiving credit hours is the person who attended or completed the program.
	11.5(12) Providers must be accessible to students during normal business hours to answer questions and provide assistance as necessary.
	11.5(13) Providers must comply with or demonstrate exemption from the provisions of Iowa Code sections 714.14 to 714.25.
	11.5(14) Providers must designate a coordinator in charge of each program who will act as the board’s contact on all compliance issues.
	11.5(15) Programs shall not offer more than eight credit hours in a single day.
	11.5(16) Providers shall not provide any information to the board, the public or prospective students which is misleading in nature. For example, providers may not refer to themselves as a “college” or “university” unless qualified as such under Iowa law.
	11.5(17) Providers must establish and maintain for a period of five years complete and detailed records on the programs successfully attended by each Iowa participant.
	11.5(18) Providers must issue an individual certificate of attendance to each participant upon successful completion of the program. The certificate must be no larger than 8½″ × 11″ and must include the provider name and number, program name and number, name of attendee, date program was completed, number of approved credit hours, and the signature of the coordinator or other person authorized by the board.
	11.5(19) Program providers and instructors are solely responsible for the accuracy of all program materials, instruction and examinations. Board approval of a provider or program is not an assurance or warranty of accuracy and shall not be explicitly or implicitly marketed or advertised as such.
	11.5(20) Providers must apply for approval using forms prescribed by the board.
	11.5(21) Providers must notify the board within 30 days when there is a change in the provider’s primary contact, name, business address, or any other change which may affect the provider’s tax identification number or bond requirements with the Iowa college aid commission.
[ARC 1732C, IAB 11/12/14, effective 12/17/14; ARC 6170C, IAB 2/9/22, effective 3/16/22]
193F—11.6(272C,543D) Acceptable distance education courses. Distance education is an education process based on the geographical separation of student and instructor. A distance education course is acceptable to meet class hour requirements if:
	11.6(1) The course provides interaction. Interaction is a reciprocal environment in which the student has verbal or written communication with the instructor; and
	11.6(2) Content approval is obtained from the AQB, a state licensing jurisdiction, or an accredited college, community college, or university that offers distance education programs and is approved or accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education. Nonacademic credit college courses provided by a college shall be approved by the AQB or the state licensing jurisdiction; and
	11.6(3) Course delivery mechanism approval is obtained from one of the following sources:
	a. 	AQB-approved organizations providing approval of course design and delivery; or
	b. 	A college or university that qualifies for content approval pursuant to subrule 11.6(2) that awards academic credit for the distance education course; or
	c. 	A qualifying college or university for content approval with a distance education delivery program that approves the course design and delivery that incorporate interactivity.
	11.6(4) Distance education courses must include at least one of the following:
	a. 	A written examination proctored by an official approved by the college or university, or by the sponsoring organization. The term “written” in this subrule refers to an examination that may be written on paper or administered electronically on a computer or other device. Oral examinations are not acceptable.
	b. 	Successful completion of prescribed course mechanisms required to demonstrate knowledge of the subject matter.
[ARC 1732C, IAB 11/12/14, effective 12/17/14]
193F—11.7(272C,543D) Applications for approval of programs. Applications for approval of programs must be submitted on forms prescribed by the board. All non-AQB courses are approved for 24 months, including the month of approval. Programs approved for distance education or by the AQB may be approved by the board. Board approval of a program will only be valid for the shortest period of time such program is approved by either organization.
	11.7(1) Approval must be obtained for each program separately.
	11.7(2) A nonrefundable fee of $50 must be submitted for each program except for programs that are submitted for approval by the primary provider and that have been approved by the Appraiser Qualifications Board through the Course Approval Program (CAP).
	11.7(3) All required forms and attachments must be submitted for approval at least 30 days prior to the first offering of each program or, if renewing, within 30 days of the course expiration date. The board will approve or deny each program, in whole or part, within 15 days of the date the board receives a fully completed application. Upon approval of an application for course offering, the board will specify the number of credit hours allowed. Payments for course program applications must be made within 30 calendar days of the date the application is approved by the board or the application approval may be reversed.
	11.7(4) Application forms for non-AQB CAP courses will request information including, but not limited to, the following:
	a. 	Program description;
	b. 	Program purpose;
	c. 	Learning objectives that specify the level of knowledge or competency the student should demonstrate upon completing the program;
	d. 	Description of the instructional methods utilized to accomplish the learning objective;
	e. 	Identifying information for all guest speakers or instructors and such documentation as is necessary to verify compliance with the instructor qualifications described in subrule 11.5(5);
	f. 	Copies of all instructor and student program materials or, in the case of a one-time course offering, a statement that attests all instructor and student materials will be submitted to the board within ten calendar days of the course offering;
	g. 	Copies of all examinations and a description of all grading procedures;
	h. 	A description of the diagnostic assessment method(s) used when examinations are not given;
	i. 	Such information as needed to verify compliance with board rules;
	j. 	The name, address, telephone number, and email address for the program’s coordinator;
	k. 	Such other information as the board deems reasonably needed for informed decision making.
	11.7(5) Application forms for courses that are AQB CAP-approved shall include information as deemed necessary for accurate documentation but may be more limited than information required in subrule 11.7(4).
	11.7(6) The board shall assign each provider and program a number. This number shall be placed on all correspondence with the board, all subsequent applications by the same provider, and all certificates of attendance issued to participants.
[ARC 1732C, IAB 11/12/14, effective 12/17/14; ARC 5785C, IAB 7/28/21, effective 9/1/21; ARC 6170C, IAB 2/9/22, effective 3/16/22]
193F—11.8(272C,543D) Waiver of application fees. Application fees may be waived for approved programs sponsored by a federal, state, or local governmental agency when the program is offered at no cost or at a nominal cost to participants. A request for waiver of application fees should be made by the provider or certificate holder at the time the application is filed with the board.
193F—11.9(272C,543D) Authority to approve education. The executive officer has the authority to approve or deny education applications subject to the applicant’s right to a hearing as provided for in rule 193F—11.13(272C,543D).
[ARC 1732C, IAB 11/12/14, effective 12/17/14]
193F—11.10(272C,543D) Appraiser request for preapproval of continuing education programs. An appraiser seeking credit for attendance and participation in a program which is to be conducted by a provider not accredited or otherwise approved by the board shall apply for approval to the board at least 15 days in advance of the commencement of the activity. The board shall approve or deny the application in writing. Application for prior approval of a continuing education activity shall include the following fee and information:
	1.	Application fee of $25;
	2.	School, firm, organization or person conducting the program;
	3.	Location of the program;
	4.	Title and hour-by-hour outline of the program, course or activity;
	5.	Credit hours requested for approval;
	6.	Date of program; and
	7.	Principal instructor(s).
193F—11.11(272C,543D) Appraiser request for postapproval of continuing education program. An appraiser seeking credit for attendance and participation in a program that was not conducted by an approved provider or approved by the licensing authority in another state or otherwise approved by the board shall submit to the board a request for credit for the program. Within 15 days after receipt of the request, the board shall advise the requester in writing whether the program is approved and the number of hours allowed. Appraisers not complying with the requirement of this rule may be denied credit for the program. Application for postapproval of a continuing education program shall include the following fee and information:
	1.	Application fee of $25;
	2.	School, firm, organization or person conducting the program;
	3.	Location of the program;
	4.	Title of program and description of program;
	5.	Credit hours requested for approval;
	6.	Date(s) of program;
	7.	Student and instructor materials;
	8.	Principal instructor(s); and
	9.	Verification of attendance.
[ARC 6170C, IAB 2/9/22, effective 3/16/22]
193F—11.12(272C,543D) Review of provider or program. The board on its own motion or upon receipt of a complaint or negative evaluation may monitor or review any approved program or provider and, upon evidence of significant variation in the program presented from the program approved, a violation of board rules, or material misstatement or omission in the application form, may withdraw approval of the provider or program and disallow all or any part of the approved hours granted to the provider. The provider, as a condition of approval, agrees to allow the board or its authorized representatives to monitor ongoing compliance with board rules through means including, but not limited to, unannounced attendance at programs.
193F—11.13(272C,543D) Hearings. In the event of denial, in whole or in part, of any application for approval of a continuing education program or provider, or credit for a continuing education program, or withdrawal of approval of a continuing education program or provider, the provider or appraiser may, within 30 days of the date of mailing of the notice of denial or withdrawal, request a contested case hearing before the board, as provided in rule 193F—20.8(17A).
[ARC 1732C, IAB 11/12/14, effective 12/17/14; ARC 4379C, IAB 3/27/19, effective 5/1/19]
These rules are intended to implement Iowa Code sections 543D.5, 543D.9 and 543D.16 and chapter 272C.
[Filed 8/1/91, Notice 5/29/91—published 8/21/91, effective 9/25/91]
[Filed 12/12/95, Notice 10/25/95—published 1/3/96, effective 2/7/96]
[Filed 12/22/97, Notice 11/5/97—published 1/14/98, effective 2/18/98]
[Filed 2/1/02, Notice 11/28/01—published 2/20/02, effective 3/27/02]
[Filed 5/5/02, Notice 3/20/02—published 5/29/02, effective 7/3/02]
[Filed 4/22/05, Notice 3/16/05—published 5/11/05, effective 6/15/05]
[Filed 2/22/07, Notice 1/17/07—published 3/14/07, effective 4/18/07]
[Filed 6/1/07, Notice 3/28/07—published 6/20/07, effective 7/25/07]
[Filed 12/7/07, Notice 10/24/07—published 1/2/08, effective 2/6/08]
[Filed ARC 7774B (Notice ARC 7595B, IAB 2/25/09), IAB 5/20/09, effective 6/24/09]
[Filed ARC 9865B (Notice ARC 9716B, IAB 9/7/11), IAB 11/30/11, effective 1/4/12]
[Filed ARC 0412C (Notice ARC 0209C, IAB 7/11/12), IAB 10/31/12, effective 12/5/12]
[Filed ARC 0635C (Notice ARC 0534C, IAB 12/26/12), IAB 3/6/13, effective 4/10/13]
[Filed ARC 1732C (Notice ARC 1629C, IAB 9/17/14), IAB 11/12/14, effective 12/17/14]
[Filed ARC 4379C (Notice ARC 4224C, IAB 1/16/19), IAB 3/27/19, effective 5/1/19]
[Filed ARC 5237C (Notice ARC 5126C, IAB 8/12/20), IAB 10/21/20, effective 11/25/20]
[Filed ARC 5785C (Notice ARC 5611C, IAB 5/5/21), IAB 7/28/21, effective 9/1/21]
[Filed ARC 6170C (Notice ARC 6017C, IAB 11/3/21), IAB 2/9/22, effective 3/16/22]