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Section 205 of the Occupational Code (Code), MCL 339.205, states that the Department shall
promulgate rules which are necessary and appropriate to enable the Department to fulfill its role
under the Code. Section 308 of the Code, MCL 339.308, states that the Board of Real Estate
Appraisers (Board) shall promulgate rules as required in the Article in which it is created as are
necessary and appropriate to fulfill its role. Section 2605 of the Code, MCL 339.2605, requires a
licensee who performs an appraisal to utilize the Uniform Standards of Professional Appraisal
Practice (USPAP) in effect at the time of the appraisal, and requires the Department to utilize the
AQB criteria regarding education, examination, and experience for licensure. Both the USPAP and
AQB criteria are subject to amendments adopted by the Department. Although there is no federal
mandate requiring rules, federal law requires that certain appraisals be handled by a state certified
appraiser, and appraisals for federally related transactions not requiring the services of a state
certified appraiser be prepared by either a state certified appraiser or a state licensed appraiser.
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
MCL 339.202, MCL 339.205, MCL 339.210, MCL 339.308, MCL 339.2601, MCL 339.2605,
MCL 330.3101, MCL 445.2001, MCL 445.2011, MCL 445.2025, and MCL 445.2030.
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
Yes. Section 205 of the Code, MCL 339.205, states that the Department shall promulgate rules
which are necessary and appropriate to enable the Department to fulfill its role under the Code.
Section 308 of the Code, MCL 339.308, states that the Board shall promulgate rules as required in
the Article in which it is created as are necessary and appropriate to fulfill its role. Section 2605 of
the Code, MCL 339.2605, requires a licensee who performs an appraisal to utilize the USPAP in
effect at the time of the appraisal, and requires the Department to utilize the AQB criteria
regarding education, examination, and experience for licensure. Both the USPAP and AQB criteria
are subject to amendments adopted by the Department. Although there is no federal mandate
requiring rules, federal law requires that certain appraisals be handled by a state certified
appraiser, and appraisals for federally related transactions not requiring the services of a state
certified appraiser be prepared by either a state certified appraiser or a state licensed appraiser.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The proposed rules are consistent with the Code; the Appraisal Foundation’s Appraisal Standards
Board (ASB) USPAP, authorized by the United States Congress; the Appraisal Subcommittee’s
(ASC) review results; and the AQB criteria. The Department is not aware of any laws, rules, or
legal requirements that duplicate, overlap, or conflict with the proposed rules.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
Yes, the supervisory requirements, experience requirements, program to allow a supervisory
appraiser to supervise more than 3 trainee appraisers, and requirements for prelicensure education
and continuing education courses are all contained in the following publication that is published
by the Appraiser Qualifications Board of the Appraisal Foundation, The Real Property Appraiser
Qualification Criteria and Interpretations of the Criteria, effective January 1, 2021.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
Yes.
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
Full Process
MCL 24.239