Marcia Hultman

Cabinet Secretary

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Appraiser Certification Program

Work Product Review Procedures

Once the applicant claiming experience completes the application and appraisal experience log, submits the application fee and national registry fee (if required), and provides documentation verifying the education hours required for the classification, the Department of Labor and Regulation reviews the application and supporting documentation.

Once the Department has completed its review of the application including the experience page and appraisal experience log, appraisals are requested from each of the categories (residential, multi-family, commercial/industrial and agricultural) for compliance review. The Department will also choose appraisals at random from the appraisal experience log to verify experience.

The applicant is requested to sign a Submission of Documents form to ensure all the pertinent information (workfile) for each appraisal is submitted for review.

The Department reviews the appraisals when they are received in the office for compliance with general laws, standards and regulations.

The appraisals are copied, blanking out the appraiser's name, address, license number and any other identifying factors, and mailed to an examiner for review. The examiner is requested to review the appraisals for minimum compliance with the uniform standards and the rules. (See the Review Checklist [Adobe PDF format].)

The examiner returns the review report and supporting comments to the Department. If there are violations cited by the examiner but they do not warrant denial of the application by the Department, the license/certificate is granted upon successful completion of the Uniform National Appraiser Examination, if applicable. [Any violations are provided to the applicant for information and corrective purposes.]

If the Department determines the violations warrant a denial of the application, the Department issues an Order to deny the application and mails it to the applicant.* [The violations are cited with the Order.] The applicant is given the opportunity to petition the Department for a hearing in accordance with South Dakota Codified Law (SDCL) Chapter 1-26, which is the standard for administrative procedures with regard to licensing agencies in the state.

The petitioner, in accordance with SDCL Chapter 1-26, has the right to an impartial hearing and to be represented by legal counsel. After the evidence in the matter has been heard, proposed findings of fact and conclusions of law and proposed decision are presented to the Secretary of the Department for a final decision. (The Secretary may hear the proceeding and render his or her decision.)

*An Agreed Disposition with Waiver may be introduced in lieu of the Order.

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