Nebraska Statutes 76-2233. Reciprocity; credential; issuance; when; applicant; duties; fingerprints; national criminal history record check; verification of status
(1) A person currently credentialed to engage in real property appraisal practice concerning real estate and real property under the laws of another jurisdiction may qualify for a credential through reciprocity as a licensed residential real property appraiser, a certified residential real property appraiser, or a certified general real property appraiser by complying with all of the provisions of the Real Property Appraiser Act relating to the appropriate classification of credentialing.
Terms Used In Nebraska Statutes 76-2233
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Appraisal: A determination of property value.
- Appraisal: means (1) as a noun, an opinion of value or the act or process of developing an opinion of value or (2) as an adjective, pertaining to appraising and related functions such as real property appraisal practice. See Nebraska Statutes 76-2204
- Appraisal Foundation: means The Appraisal Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987. See Nebraska Statutes 76-2205
- Appraiser Qualifications Board: means the Appraiser Qualifications Board of the Appraisal Foundation. See Nebraska Statutes 76-2205.03
- Board: means the Real Property Appraiser Board. See Nebraska Statutes 76-2207.18
- Certified general real property appraiser: means a person who holds a valid credential as a certified general real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2207.19
- Certified residential real property appraiser: means a person who holds a valid credential as a certified residential real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2207.21
- Credential: means a registration, license, or certificate. See Nebraska Statutes 76-2207.25
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Jurisdiction: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Nebraska Statutes 76-2207.32
- Jurisdiction of practice: means any jurisdiction in which an appraiser devotes his or her time engaged in real property appraisal practice. See Nebraska Statutes 76-2212.03
- Licensed residential real property appraiser: means a person who holds a valid credential as a licensed residential real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2213
- Person: means an individual or a firm, a partnership, a limited partnership, a limited liability company, an association, a corporation, or any other group engaged in joint business activities, however organized. See Nebraska Statutes 76-2213.02
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
- Real estate: means a parcel or tract of land, including improvements, if any. See Nebraska Statutes 76-2214
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means one or more defined interests, benefits, or rights inherent in the ownership of real estate. See Nebraska Statutes 76-2214.01
- Real property appraiser: means a person who is a credential holder. See Nebraska Statutes 76-2216
- Report: means any communication, written, oral, or by electronic means, of assignment results transmitted to the client or a party authorized by the client upon completion of an assignment. See Nebraska Statutes 76-2216.02
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) An applicant under this section may qualify for a credential if, in the determination of the board:
(a) The requirements for credentialing in the applicant’s jurisdiction of practice specified in an application for credentialing meet or exceed the minimum requirements of the Real Property Appraiser Qualification Criteria as adopted and promulgated by the Appraiser Qualifications Board of The Appraisal Foundation; and
(b) The regulatory program of the applicant’s jurisdiction of practice specified in an application for credentialing is determined to be effective in accordance with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.
(3) The status of an applicant’s jurisdiction of practice specified in an application for credentialing through reciprocity shall be verified through the most recent Compliance Review Report issued by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council. In the case that findings pertaining to the adoption or implementation of the Real Property Appraiser Qualification Criteria indicate that one or more credentialing requirements do not meet or exceed the Real Property Appraiser Qualification Criteria as promulgated by the Appraiser Qualifications Board of The Appraisal Foundation, the board may request evidence from the jurisdiction of practice or the Appraisal Subcommittee of the Federal Financial Institutions Examination Council showing that progress has been made to mitigate the findings in the Compliance Review Report.
(4) To qualify for a credential through reciprocity, the applicant shall:
(a) Submit two copies of legible ink-rolled fingerprint cards or equivalent electronic fingerprint submissions to the board for delivery to the Nebraska State Patrol in a form approved by both the Nebraska State Patrol and the Federal Bureau of Investigation. A fingerprint-based national criminal history record check shall be conducted through the Nebraska State Patrol and the Federal Bureau of Investigation with such record check to be carried out by the board;
(b) Submit an irrevocable consent that service of process upon him or her may be made by delivery of the process to the director of the board if the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant in an action against the applicant in a court of this state arising out of the applicant’s activities as a real property appraiser in this state; and
(c) Comply with such other terms and conditions as may be determined by the board.
(5) The credential status of an applicant under this section, including current standing and any disciplinary action imposed against his or her credentials, shall be verified through the Appraiser Registry of the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.