IC Chapter Assessor-Appraiser Examination and Certification

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Transcription:

IC 6-1.1-35.5 Chapter 35.5. Assessor-Appraiser Examination and Certification IC 6-1.1-35.5-1 Conduct and administration of programs Sec. 1. The department of local government finance shall: (1) conduct an assessor-appraiser examination and certification program for level one and level two certifications; and (2) administer a level three assessor-appraiser certification program. The department shall design and implement the programs in a manner that maximizes the number of certified assessor-appraisers involved in the assessment process. As added by Acts 1980, P.L.8, SEC.56. Amended by P.L.90-2002, SEC.253; P.L.1-2004, SEC.43 and P.L.23-2004, SEC.46; P.L.219-2007, SEC.75. IC 6-1.1-35.5-2 ( by P.L.6-1997, SEC.239.) IC 6-1.1-35.5-3 Design of level one and level two examinations; eligibility to take examination; subject matter of examination Sec. 3. The department of local government finance shall design two (2) assessor-appraiser examinations, to be called "level one" and "level two". All citizens of Indiana are eligible to apply for and to be examined under "level one" and "level two" examinations, subject only to the resources and limitations of the department of local government finance in conducting the examinations. Both examinations should cover the subjects of real estate appraising, accounting, and property tax law. Successful performance on the level one examination requires the minimum knowledge needed for effective performance as a county or township assessor under this article. Success on the level two examination requires substantial knowledge of the subjects covered in the examination. As added by Acts 1980, P.L.8, SEC.56. Amended by P.L.6-1997, SEC.119; P.L.90-2002, SEC.254. IC 6-1.1-35.5-4 Time and location of examinations; open book format Sec. 4. (a) The level one examination shall be given in July, and the level two examination shall be given in August. Both level examinations also shall be offered annually immediately following the conference of the department of local government finance and at any other times that coordinate with training sessions conducted under IC 6-1.1-35.2-2. The department of local government finance may also give either or both examinations at other times throughout

the year. (b) Examinations shall be held each year, at the times prescribed in subsection (a), in Indianapolis and at not less than four (4) other convenient locations chosen by the department of local government finance. (c) The department of local government finance may not limit the number of individuals who take the examination and shall provide an opportunity for all enrollees at each session to take the examination at that session. (d) The department of local government finance shall: (1) give both the level one examination and the level two examination in an open book format; and (2) design both examinations to approximate the work an assessing official is required to perform, including the use of appropriate computer applications. As added by Acts 1980, P.L.8, SEC.56. Amended by P.L.198-2001, SEC.86; P.L.1-2002, SEC.29 and P.L.90-2002, SEC.255; P.L.1-2004, SEC.44 and P.L.23-2004, SEC.47. IC 6-1.1-35.5-4.5 Level three program; rules; course sponsor regulation Sec. 4.5. (a) The department shall: (1) administer a program for level three assessor-appraiser certifications; (2) design a curriculum for level three assessor-appraiser certification candidates that: (A) specifies educational criteria for acceptable tested courses offered by: (i) nationally recognized assessing organizations; (ii) postsecondary educational institutions; or (iii) other education delivery organizations; in each subject matter area of the curriculum; and (B) requires superior knowledge of assessment administration and property valuation concepts; and (3) carry out a program to approve courses that meet the requirements of the curriculum described in subdivision (2) and approve course sponsors that provide these courses. Only an approved sponsor may offer a course that meets the curriculum requirements for level three assessor-appraiser certification candidates. The department shall establish procedures and requirements for courses and course sponsors that permit the department to verify that sponsors and courses meet the standards established by the department and that candidates comply with these standards. The department shall maintain a list of approved sponsors and approved courses that meet the criteria for the level three assessor-appraiser certification curriculum designed under subsection (a)(2). (b) The department may adopt rules under IC 4-22-2 to implement this section. The department may adopt temporary rules in the

manner provided for the adoption of emergency rules in IC 4-22-2-37.1 to carry out a program to approve courses that meet the requirements of the curriculum described in subdivision (2) and approve course sponsors that provide these courses. A temporary rule adopted under this subsection expires on the earliest of the following: (1) The date specified in the temporary rule. (2) The date that another temporary rule or rule adopted under IC 4-22-2 supersedes or repeals the temporary rule. (3) January 1, 2014. As added by P.L.219-2007, SEC.76. Amended by P.L.146-2012, SEC.6; P.L.13-2013, SEC.17. IC 6-1.1-35.5-5 Eligibility for programs Sec. 5. A county or township assessor, a member or hearing officer of the county property tax assessment board of appeals, or a member of the public may apply for and take the level one examination. A person who is successful on the level one examination may apply for and take the level two examination. A person who is successful on the level two examination may apply for level three certification. As added by Acts 1980, P.L.8, SEC.56. Amended by P.L.6-1997, SEC.120; P.L.219-2007, SEC.77. IC 6-1.1-35.5-6 Certification of successful examinees; revocation Sec. 6. (a) The department of local government finance shall certify all persons who successfully complete a certification under this chapter and shall furnish each successful certification applicant with a certificate that prominently displays the person's name and the fact that the person is a level one, level two, or level three certified Indiana assessor-appraiser. (b) The department of local government finance shall revoke the certification of an individual if the department reasonably determines that the individual committed fraud or misrepresentation with respect to: (1) the preparation, administration, or taking of the examination for level one or level two certification; or (2) completion of the curriculum for level three certification. The department of local government finance shall give notice and hold a hearing to consider all of the evidence about the fraud or misrepresentation before deciding whether to revoke the individual's certification. As added by Acts 1980, P.L.8, SEC.56. Amended by P.L.198-2001, SEC.87; P.L.219-2007, SEC.78. IC 6-1.1-35.5-7 Fees for level one and level two certifications; assessing official training account

Sec. 7. (a) With respect to level one and level two certifications, the department of local government finance shall establish a fair and reasonable fee for examination and certification under this chapter. However, the fee does not apply to an assessing official, a hearing officer for a county property tax assessment board of appeals, or an employee of an assessing official or county property tax assessment board of appeals who is taking the level one examination or the level two examination for the first time. (b) The assessing official training account is established as an account within the state general fund. All fees collected by the department of local government finance shall be deposited in the account. The account shall be administered by the department of local government finance and does not revert to the state general fund at the end of a fiscal year. The department of local government finance may use money in the account for: (1) testing and training of assessing officials, county assessors, members of a county property tax assessment board of appeals, and employees of assessing officials, county assessors, or the county property tax assessment board of appeals; and (2) administration of the level three certification program under section 4.5 of this chapter. As added by Acts 1980, P.L.8, SEC.56. Amended by P.L.41-1993, SEC.28; P.L.6-1997, SEC.121; P.L.90-2002, SEC.256; P.L.219-2007, SEC.79; P.L.146-2008, SEC.284. IC 6-1.1-35.5-8 (As added by Acts 1980, P.L.8, SEC.56. Amended by P.L.6-1997, SEC.122; P.L.198-2001, SEC.88; P.L.90-2002, SEC.257. by P.L.219-2007, SEC.149.) IC 6-1.1-35.5-8.5 Rules for level one and level two programs Sec. 8.5. (a) This section applies only to level one and level two assessor-appraiser certifications. (b) The department of local government finance may adopt rules under IC 4-22-2 to implement this chapter. The department of local government finance shall adopt rules to set: (1) minimum requirements for initial certification after December 31, 2001, under this chapter; (2) continuing education requirements for the renewal of a certification after December 31, 2001, under this chapter; and (3) procedures for renewing a certification issued under this chapter, including a certification issued before January 1, 1999, for a person who meets the certification requirements set under subdivision (2). The rules must also establish procedures for disciplinary action against a certificate holder that fails to comply with the statutes or rules applicable to the certificate holder. The rules adopted under

subdivisions (2) and (3) may not require testing to renew or maintain a certification under this chapter. As added by P.L.198-2001, SEC.89. Amended by P.L.219-2007, SEC.80. IC 6-1.1-35.5-9 (As added by P.L.62-1983, SEC.5. Amended by P.L.6-1997, SEC.123; P.L.90-2002, SEC.258. by P.L.146-2008, SEC.802.)