Chapter SPS 85

SPS 85.520 History History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1), Register, April, 1994, No. 460, eff. 5-1-94; am. (3) (intro.), Register, June, 1996, No. 486, eff. 7-1-96; am. (1), (2) and (3) (a) to (p), cr. (3) (r), Register, January, 1998, No. 505, eff. 2-1-98; CR 02-067: am. (1), renum. (2) to be (2) (intro.) and am., cr. (2) (a) and (b), Register November 2002 No. 563, eff. 12-1-02; CR 06-033: renum. from s. RL 84.04 and am. Register November 2006 No. 611, eff. 12-1-06; CR 10-135: r. and recr. Register August 2011 No. 668, eff. 9-1-11; CR 14-016: SPS 85.520 renum. from SPS 84.02, cr. (8), (9) Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (title), (intro.), (3), r. (8), (9) Register December 2019 No. 768, eff. 1-1-20.

SPS 85.530 SPS 85.530 Prerequisite for examination.

SPS 85.530(1) (1) An applicant for a licensed appraiser credential shall successfully complete the AQB-approved licensed residential real property appraiser examination. The prerequisite for taking the AQB-approved examination is completion of all of the following:

SPS 85.530(1)(a) (a) The 150 class hours under s. SPS 85.520.

SPS 85.530(1)(c) (c) One thousand hours of qualifying experience in no fewer than 6 months.

SPS 85.530(2) (2) The only alternative to successful completion of the licensed residential examination is the successful completion of the certified residential or certified general examinations.

SPS 85.530 History History: CR 14-016: cr. Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (1) (intro.), (a), r. (1) (b), am. (1) (c) Register December 2019 No. 768, eff. 1-1-20.

subch. VI of ch. SPS 85 Subchapter VI — Examination

SPS 85.600 SPS 85.600 Examination.

SPS 85.600(1) (1) In order to obtain a residential or general appraiser certification or a certificate of licensure as an appraiser, an applicant shall pass the national examination required for certification as a residential appraiser or general appraiser or for licensure, as appropriate, and the examination on statutes and rules of this state governing appraisers.

SPS 85.600 Note Note: The examination on Wisconsin statutes and rules is administered by the department. The national examination is administered by a provider approved by the department.

SPS 85.600(2) (2) The national examination required for appraiser certification or licensure shall be consistent with and equivalent to the uniform state certification examination issued or endorsed by the AQB.

SPS 85.600(3) (3) A score determined by the department to represent minimum competence to practice is required to pass each examination. The department may adopt the passing grade on the national examination recommended by the examination provider. Following consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, the department shall determine the passing grade for the examination on statutes and rules of this state. The department shall set the passing score for the statutes and rules examination to represent minimum acceptable competence in the profession.

SPS 85.600(4) (4) Individuals who apply for licensed and certified appraiser credentials have up to 24 months, after receiving authorization to sit for the examinations from the department, to take and pass the state and national examinations required under sub. (1).

SPS 85.600(5) (5) Successful completion of the state and national examinations required under sub. (1) is valid for a period not to exceed 24 months. An applicant who does not complete all requirements for a credential within 24 months after successful completion of the national examination shall do all of the following:

SPS 85.600(5)(a) (a) Submit a new application for the appropriate credential.

SPS 85.600(5)(b) (b) Pay the fees required under s. SPS 85.210 (1).

SPS 85.600(5)(c) (c) Retake and pass the state and national examinations required under sub. (1).

SPS 85.600(7) (7) A new applicant not currently licensed or certified and in good standing in another jurisdiction, shall have up to 24 months, after receiving authorization to sit for the examination, to take and pass an AQB approved qualifying examination for the credential as required by s. SPS 85.600 (1). Successful scores are valid for a period of 24 months.

SPS 85.600 History History: Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (1) and (2), eff. 10-1-91; am. (1) and (2), Register, May, 1992, No. 437, eff. 6-1-92; am. Register, June, 1996, No. 486, eff. 7-1-96; CR 04-007: am. (1), cr. (4), (5) and (6) Register August 2004 No. 584, eff. 9-1-04; CR 06-033: am. (6) Register November 2006 No. 611, eff. 12-1-06; CR 10-135: am. (1), (6) Register August 2011 No. 668, eff. 9-1-11; correction in (5) (b), (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-016: SPS 85.600 renum. from SPS 82.01, am. (5) (b), r. (6), cr. (7) Register September 2014 No. 705, eff. 1-1-15; SPS 85.600 (title) renum. from 82.01 (title) under s. 13.92 (4) (b) 1. Register September 2014 No. 705; CR 18-104: am. (1) to (3) Register December 2019 No. 768, eff. 1-1-20.

SPS 85.610 SPS 85.610 Examination procedures.

SPS 85.610(1) (1) An applicant may not practice any deception or fraud with respect to the applicant’s identity in connection with taking an examination.

SPS 85.610(2) (2) An applicant may not cheat or attempt to cheat on an examination, including any of the following:

SPS 85.610(2)(a) (a) Giving or attempting to give examination questions or answers to examination questions to another person.

SPS 85.610(2)(b) (b) Receiving or attempting to receive examination questions or answers to examination questions from another person.

SPS 85.610(2)(c) (c) Using unauthorized materials during any portion of the examination.

SPS 85.610(2)(d) (d) Failing to comply with additional written instructions provided at the time of examination relating to cheating other than those specified in pars. (a) to (c).

SPS 85.610(4) (4) Silent cordless calculators may be used by the applicant when taking the examination.

SPS 85.610 History History: Cr. Register, September, 1991, No. 429, eff. 10-1-91; r. (1), renum. (2) and (3) to be (1) and (2) and r. and recr. (2) (d), Register, June, 1996, No. 486, eff. 7-1-96; am. (2) (intro.), (a), (b) and (c), Register, January, 1998, No. 505, eff. 2-1-98; CR 01-100: am. (1), Register February 2002 No. 554, eff. 3-1-02; CR 14-016: SPS 85.610 renum. from SPS 82.02 Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (1), (2) (intro.), (a), (b) Register December 2019 No. 768, eff. 1-1-20.

SPS 85.620 SPS 85.620 Reexamination. Upon payment of the required fee, an applicant may retake an examination.

SPS 85.620 History History: Cr. Register, September, 1991, No. 429, eff. 10-1-91; CR 01-100: r. (2), renum. (1) to be RL 82.03, Register February 2002 No. 554, eff. 3-1-02; CR 14-016: renum. from SPS 82.03 Register September 2014 No. 705, eff. 1-1-15.

SPS 85.630 SPS 85.630 Claim of examination error.

SPS 85.630(1) (1) To claim an error on the Wisconsin statutes and rules examination, an applicant shall file a written request with the department within 30 days of the date the applicant reviews the examination. The request shall include all of the following:

SPS 85.630(1)(a) (a) The applicant’s name and address.

SPS 85.630(1)(b) (b) The type of certificate for which the applicant applied.

SPS 85.630(1)(c) (c) A description of the mistakes the applicant believes were made in the examination content, procedures, or scoring, including the specific questions or procedures claimed to be in error.

SPS 85.630(1)(d) (d) The facts the applicant intends to prove, including citations to references or other supporting evidence for the applicant’s claim.

SPS 85.630(2) (2) The department shall make a determination as to the validity of the claim and notify the applicant in writing of the decision and any resulting score changes.

SPS 85.630(3) (3) If the decision does not result in a passing grade, the applicant may retake the examination.

SPS 85.630 History History: Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (3), eff. 10-1-91; am. (3), Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (intro.), (3), Register, June, 1996, No. 486, eff. 7-1-96; am. (1) (intro.), (a), (b) and (c), Register, January, 1998, No. 505, eff. 2-1-98; CR 14-016: SPS 85.630 renum. from SPS 82.04 Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (1) (d), (2) Register December 2019 No. 768, eff. 1-1-20.

subch. VII of ch. SPS 85 Subchapter VII — Experience

SPS 85.700 SPS 85.700 Proof of Experience.

SPS 85.700(1) (1) The work claimed under ss. SPS 85.310, 85.410, and 85.510 for appraisal experience credit shall be approved by the department and meet all of the following requirements:

SPS 85.700(1)(a) (a) Be in compliance with the Uniform Standards of Professional Appraisal Practice in effect at the time the appraisals were prepared.

SPS 85.700(1)(b) (b) Include one or more of the following types of appraisal experience:

SPS 85.700(1)(b)1. 1. Appraisal.

SPS 85.700(1)(b)2. 2. Appraisal review.

SPS 85.700(1)(b)3. 3. Appraisal consulting.

SPS 85.700(1)(b)4. 4. Mass appraisal.

SPS 85.700(1)(c) (c) For experience claimed under s. SPS 85.310, include no more than 50 percent residential appraisal experience.

SPS 85.700(1)(d) (d) For experience claimed under s. SPS 85.410 or 85.510, include no more than 25 percent commercial appraisal experience.

SPS 85.700(1)(e) (e) Include no more than 50 percent of appraisal experience gained for appraisal work performed without a client. Case studies or practicum courses that are approved by the AQB may be claimed to satisfy non-client experience. All non-client appraisal experience may be reviewed by the department for compliance with the USPAP.

SPS 85.700(1)(f) (f) Demonstrate the same level of proficiency in appraisal principles, techniques, and skills as that demonstrated by appraisers practicing under Standard 1 of the USPAP.

SPS 85.700(2) (2) All experience required under ss. SPS 85.310, 85.410, and 85.510 shall be acquired after January 30, 1989.

SPS 85.700(3) (3) An applicant applying for certification or licensure under s. SPS 85.310, 85.410, or 85.510 shall submit on forms provided by the department a roster of appraisal experience that contains all of the following:

SPS 85.700(3)(a) (a) Type of property.

SPS 85.700(3)(b) (b) The date of the report.

SPS 85.700(3)(c) (c) The address of the appraised property.

SPS 85.700(3)(d) (d) A description of work performed by the applicant and scope of review and supervision of the supervising appraiser.

SPS 85.700(3)(e) (e) The number of actual work hours by the applicant on the assignment.

SPS 85.700(3)(f) (f) The signature and state certification number of the supervising appraiser, if applicable. Separate rosters shall be maintained for each supervising appraiser.

SPS 85.700 Note Note: Application forms may be obtained from the department’s website at http://dsps.wi.gov.

SPS 85.700 History History: CR 14-016: (1), (2), (3) renum. from SPS 83.01 (3), (3m), (4); as renumbered, am. (1) (intro.), r. (1) (e), am. (2), consol. (3) (intro.), (b) into (3) (intro.) and am., r. (3) (c), cr. (title), (3) (a) to (f) Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (1) (intro.), (a), renum. (1) (b) to (1) (b) (intro.) and am., cr. (1) (b) 1. to 4., am. (1) (c) to (f), (2), (3) (intro.) Register December 2019 No. 768, eff. 1-1-20.

SPS 85.710 SPS 85.710 Verification of appraisal experience. For purposes of verifying appraisal experience claimed under this chapter, the department may require an applicant to submit any of the following:

SPS 85.710(1) (1) Business records, including tax records, which clearly demonstrate the practice of residential or commercial appraising claimed by the applicant.

SPS 85.710(2) (2) Employment records provided by an employer which verify the applicant’s experience as an appraiser or assessor. Employment records shall verify the number of hours employed, the type of experience, and a description of the applicant’s duties.

SPS 85.710(3) (3) Employment records provided by an official of a lending institution, insurance company, or similarly regulated agency, which verifies the applicant’s experience as a review appraiser.

SPS 85.710(4) (4) Copies of any appraisal listed in the documentation of experience required under s. SPS 85.700 (3). The department may contact any person listed on the application to obtain additional information about the experience of the applicant.

SPS 85.710(5) (5) Records of the department of revenue or a local governmental body that document the applicant’s experience as an assessor, including all of the following:

SPS 85.710(5)(a) (a) A job description which identifies the job components relevant to practice as an assessor and the number of hours spent performing each component.

SPS 85.710(5)(b) (b) Documents that demonstrate the applicant’s performance of the following components of the mass appraisal process in accordance with Standards 5 and 6 of the Uniform Standards of Professional Appraisal Practice:

SPS 85.710(5)(b)1. 1. Highest and best use study.

SPS 85.710(5)(b)2. 2. Model specification.

SPS 85.710(5)(b)3. 3. Model calibration.

SPS 85.710(6) (6) Any additional information the department deems necessary to evaluate the applicant’s experience.

SPS 85.710 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (2), (3), renum. (6) to be (7), cr. (6), Register, June, 1996, No. 486, eff. 7-1-96; CR 01-100: r. (2), renum. (3) to (7) to be (2) to (6) and am. (2) and (5) (b) (intro.), Register February 2002 No. 554, eff. 3-1-02; CR 06-033: am. (2) Register November 2006 No. 611, eff. 12-1-06; CR 10-135: cr. (7) Register August 2011 No. 668, eff. 9-1-11; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-016: SPS 85.710 renum. from SPS 83.02, am. (4), r. (7) Register September 2014 No. 705, eff. 1-1-15; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705; CR 18-104: am. (5) (intro.), (b) (intro.) Register December 2019 No. 768, eff. 1-1-20.

subch. VIII of ch. SPS 85 Subchapter VIII — Education

SPS 85.800 SPS 85.800 Course approval.

SPS 85.800(1) (1) Except as provided in sub. (9), all educational courses designed to meet the requirements in s. 458.06 (2) (d), (3) (b) or (4) (b), Stats., s. 458.08 (3) (c), Stats., and this chapter, shall be submitted to the department for approval.

SPS 85.800 Note Note: Information relating to course approval is available from the department’s website at http://dsps.wi.gov.

SPS 85.800(2) (2) Credit toward the course requirement may be granted only if the length of the educational course is at least 15 hours of instruction and the individual successfully completes an examination pertinent to that course.

SPS 85.800(3) (3) Credit may be granted for a distance education course that satisfies all requirements for a continuing education course established by the AQB that are in effect at the time the course is completed.

SPS 85.800 Note Note: The AQB may be contacted at [e-mail], [phone], or www.appraisalfoundation.org.

SPS 85.800(4) (4) Course instructors shall be approved by the department. An instructor whose appraiser certificate has been limited, suspended, or revoked may not instruct in approved courses while the disciplinary action is in effect. An approved instructor shall possess at least one of the following qualifications:

SPS 85.800(4)(a) (a) Be an instructor of appraisal courses who teaches or has taught appraisal courses at an accredited college or university.

SPS 85.800(4)(b) (b) Be a licensed or certified appraiser who has engaged in appraisal practice relevant to the subject matter being taught for at least 5 years.

SPS 85.800(4)(c) (c) Be an instructor of assessor education courses who is approved by the department of revenue to teach assessor education programs that are relevant to appraisal practice.

SPS 85.800(4)(d) (d) Be an instructor who teaches appraisal courses approved by the AQB.

SPS 85.800(4)(e) (e) If applying to teach the 15-Hour National USPAP Course, or its equivalent, be a certified residential or general appraiser, and be certified by the AQB as an instructor to teach that course. Course equivalency shall be determined through the AQB course approval program or by an alternate method established by the AQB.