77-5004 Commissioner; qualifications; conflict of interests; continuing education; expenses. - Nebraska Statutes

77-5004. Commissioner;qualifications; conflict of interests; continuing education; expenses.(1) Each commissioner shall be a qualified voter and residentof the state and, for each commissioner representing a congressional district,a domiciliary of the district he or she represents.(2) Each commissioner shall devote his or her full time andefforts to the discharge of his or her duties and shall not hold any otheroffice under the laws of this state, any city or county in this state, orthe United States Government while serving on the commission. Each commissionershall possess:(a) Appropriate knowledge of terms commonly used in or relatedto real property appraisal and of the writing of appraisal reports;(b) Adequate knowledge of depreciation theories, cost estimating,methods of capitalization, and real property appraisal mathematics;(c) An understanding of the principles of land economics,appraisal processes, and problems encountered in the gathering, interpreting,and evaluating of data involved in the valuation of real property, includingcomplex industrial properties and mass appraisal techniques;(d) Knowledge of the law relating to taxation, civil andadministrative procedure, due process, and evidence in Nebraska;(e) At least thirty hours of successfully completed classhours in courses of study, approved by the Real Property Appraiser Board,which relate to appraisal and which include the fifteen-hour National UniformStandards of Professional Appraisal Practice Course. If a commissioner hasnot received such training prior to his or her appointment, such trainingshall be completed within one year after appointment; and(f) Such other qualifications and skills as reasonably maybe requisite for the effective and reliable performance of the commission'sduties.(3) One commissioner shall possess any certification or trainingrequired to become a licensed residential realproperty appraiser as set forth in section 76-2230.(4) Prior to January 1, 2002, the chairperson, and on andafter January 1, 2002, at least two commissioners, shall have been engagedin the practice of law in the State of Nebraska for at least five years, whichmay include prior service as a judge, and shall be currently admitted to practicebefore the Nebraska Supreme Court.(5) No commissioner or employee of the commission shall holdany position of profit or engage in any occupation or business interferingwith or inconsistent with his or her duties as a commissioner or employee.A person is not eligible for appointment and may not hold the office of commissioneror be appointed by the commission to or hold any office or position underthe commission if he or she holds any official office or position.(6)(a) Each commissioner who meets the requirements of subsection(4) of this section on or after January 1, 2002, shall annually attend a seminaror class of at least two days' duration that is:(i) Sponsored by a recognized assessment or appraisal organization,in each of these areas: Utility and railroad appraisal; appraisal of complexindustrial properties; appraisal of other hard to assess properties; and massappraisal, residential or agricultural appraisal, or assessment administration;or(ii) Pertaining to management, law, civil or administrativeprocedure, or other knowledge or skill necessary for performing the dutiesof the office.(b) Each commissioner who does not meet the requirementsof subsection (4) of this section on or after January 1, 2002, shall withintwo years after his or her appointment attend at least thirty hours of instructionthat constitutes training for judges or administrative law judges.(7) The commissioners shall be considered employees of thestate for purposes of sections 81-1320 to 81-1328 and 84-1601 to 84-1615.(8) The commissioners shall be reimbursed as prescribed insections 81-1174 to 81-1177 for their actual and necessary expenses in theperformance of their official duties pursuant to the Tax Equalization andReview Commission Act. SourceLaws 1995, LB 490, § 4; Laws 1996, LB 1038, § 2; Laws 1999, LB 32, § 1; Laws 2001, LB 170, § 19; Laws 2001, LB 465, § 4; Laws 2002, LB 994, § 28; Laws 2003, LB 292, § 15; Laws 2004, LB 973, § 47; Laws 2006, LB 778, § 73; Laws 2007, LB186, § 25; Laws 2008, LB965, § 20; Laws 2010, LB931, § 25.Effective Date: April 15, 2010