business and professional code, section 11360 a, elimination of bias, real estate appraiser, real estate appraiser, mary cummins, california, bill, discrimination, law, los angeles, marycummins.com, course, continuing education, basic education, CE
The California Bureau of Real Estate Appraisers (BREA) just released updated guidelines for basic and continuing education educators and course providers so they can update mandatory classes on bias per January 2023 changes. Below is the BREA notice and guidelines.
This bill was approved in 2011 before the recent false narrative of the "racist appraiser." It has already been covered and taught in existing courses. I just took the California Laws class and it covered exactly this. The bold portions are new. This is the 2022 change to the code which takes effect January 1, 2023,
"(a) The director shall adopt regulations governing the process and procedures for renewal of a license or restoration of a license to active status that shall include, but not be limited to, continuing education requirements, which shall be reported on the basis of a four-year continuing education cycle, and, for each licensee renewing on or after January 1, 2023, include at least two hours of elimination of bias training, either individually or as part of a broader course.
(b) An applicant for renewal of a license shall be required to demonstrate the applicant's continuing fitness to hold a license prior to its renewal. Applicants shall also fulfill continuing education requirements established pursuant to this section and shall be required to take a minimum of four hours of federal and California appraisal related statutory and regulatory law every four years.
(c) Beginning January 1, 2023, as part of the continuing education required by this section, a licensee shall complete at least one hour of instruction in cultural competency every four years.
(d) The cost of any educational course required by this section shall not be borne by any client served by a licensee.
(e) For purposes of this section, "cultural competency" means understanding and applying cultural and ethnic data to the process of care that includes, but is not limited to, information on the appropriate treatment of, and provision of care to, the lesbian, gay, bisexual, transgender, and intersex communities, ethnic communities, and religious communities."
This is obviously common sense. Of course you can't legally act in a discriminatory manner against anyone in business and housing. No one should ever do that in any part of their life, business or personal, be it legally mandatory or not.
"California Bureau of Real Estate Appraisers
The Bureau of Real Estate Appraisers (Bureau) has updated its Course Guidelines for Elimination of Bias that the Bureau sent out on Monday. The Bureau has added the description of the Strategies to overcome implicit bias.
The Course Guidelines were developed to maintain a certain level of consistency and uniformity to the course content. The Course and Provider Expectations is to establish a clear guide on course development and delivery.
Again, the Bureau hopes this information helps Course Providers to develop the course content.
Elimination of Bias
The following are guidelines for the use by course providers in preparing the basic education (BE) and continuing education (CE) on Elimination of Bias to meet the requirements of the California Business and Professional Code Section 11360 (a).
The two courses (at least one hour of Cultural Competency and at least two hours of Elimination of
Bias) are completely different courses, and the course content should be developed as two separate
courses. While the two course can be combined into at least 3 hours of training, the subject matter
for each course must be relevant to that course’s subject and its subtopics. The core time should be
spent on the topic subject matter with some time allocated to how the content applies to the
appraisers and/or appraisal industry.
Elimination of Bias Minimum Requirements
Beginning January 1, 2023, the license renewal will require at least two hours of Elimination of Bias
course required for by Section 11360 (a) must include the following:
a) The importance of the course and why it’s necessary for anyone including appraisers.
b) Impact of biases on consumer and on individual’s life.
c) History of Federal Fair Housing Act.
d) Primary definitions of the types of bias with meaningful examples. At a minimum, the following
definitions should be included in the training:
i) Stereotype: A widely held but fixed and oversimplified image or idea of a particular type of
person or thing. Generally, an often unfair and untrue or only part true belief that many
people have about all people or things with a particular characteristic.
ii) Discrimination: The practice of unfairly treating a person or group of people differently from
other people or groups of people. The ability to recognize the difference between things
that are of good quality and those that are not, or a difference that is understood or
iii) Prejudice: An unfair feeling of dislike for a person or group because of race, sex, religion,
etc., or a feeling of like or dislike for someone or something especially when it is not
reasonable or logical, or a pre-judgement towards a person or group.
iv) Racism: poor treatment of or violence against people because of their race; the belief that
some races of people are better than others.
v) Bias: Bias is a human trait resulting from our tendency and need to classify individuals into
categories as we strive to quickly process information and make sense of the world. To a
large extent, these processes occur below the level of consciousness. It is a tendency to
believe that some people, ideas, etc., are better than others that usually results in treating
some people unfairly; a strong interest in something or ability to do something.
vi) Unconscious/implicit bias: Implicit bias involves all of the subconscious feelings,
perceptions, attitudes, and stereotypes that have developed as a result of prior influences
and imprints. It is an automatic positive or negative preference for a group, based on one’s
subconscious thoughts. Implicit bias is unconscious, automatic, and relies on associations
that we form over time. Biases are formed toward groups of people based on what we see
in the media, our background, and experiences. They reflect how we internalize messages
about society rather than our intent.
vii) Conscious/explicit bias: Explicit bias is the traditional conceptualization of bias; individuals
are aware of their prejudices and attitudes toward certain groups. Positive or negative
preferences for a particular group are conscious."
Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.
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