[USPAP Compliant]

Greg!!!!!

How about # 3, 5, 8, 9 & 10 ?????

[CANative]

(3) Accepted an appraisal assignment when the employment is contingent upon the appraiser reporting a predetermined result, analysis, or opinion, or when the fee to be paid for the performance of the appraisal assignment is contingent upon the opinion, conclusion, or valuation reached or upon consequences resulting from the appraisal assignment;

You'd have to have a smoking gun for that one. Most crooked appraisers and their clients are good about hiding the gun.


(5) Failed as a State-licensed or State-certified real estate appraiser to actively and personally supervise any person not licensed or certified under this Chapter who assists the State-licensed or State-certified real estate appraiser in performing real estate appraisals;

That wasn't a part of the discussion but I've seen a number of licenses on the OREA website suspended and revoked for that very reason.


(8) Acted as a real estate appraiser in an unworthy or incompetent manner as to endanger the interest of the public;

Is there a legal definition for "unworthy" in regards to real estate appraisal? Does the public have an interest in non-FRT's?

(9) Violated any of the standards of practice for real estate appraisers or any other rule promulgated by the Board;

That goes without saying but it's also saying "see above."

(10) Performed any other act which constitutes improper, fraudulent, or other dishonest conduct; or

See above.

[CANative]

Bob, I hope you know I'm just yanking your chain and trying to get more feedback. This forum has taught me so much over the years and I appreciate the valuable input of appraisers of your caliber.

[USPAP Compliant]

No sweat man...I have been teaching USPAP all day.....brain is fried.

Licenses can and should be revoked. Some boards simply CHOOSE not too. I don't get it.

[Mr Rex]

Bob, How many voluntary surrenders have there been? Seems like when the offenders get caught in a really sticky situation, they surrender their licenses. Then we don't get all the details and they skate on to a new occupation without the stigma of actually "losing" their license.

[USPAP Compliant]

Looks like 17 to me. You are correct, the NCAB encourages folks to surrender because it saves the costs of a hearing. I understand that....but Like you, I would rather see the details and I think more hearings would help prevent some of the fraud we see out there.

However, less money for hearings means more money for the new building and more money for travel. The NCAB will not meet in April so they can attend the AARO Conference........ and no meeting in October so they can take another trip.

2006 Spring Conference
APRIL 8 – 10, 2006
SAN ANTONIO, TX

Twenty hearings behind (only 15 hearings were held in all of 2005) but theya re closing up shop for some fun in the sun...Texas style.

ASC link for discipline by state is below.

http://www.asc.gov/content/category1...px?queryType=7

[Francois K. Gregoire]

There's no way to be certain what the motivation of another state's regulatory board is for encouraging voluntary surrender of a license or certification, but here is the perspective and process from Florida.

In Florida, the procedure is called "Voluntary Surrender for Revocation". It is part of the disciplinary process. Generally, the Florida Real Estate Appraisal Board (FREAB) will not accept a voluntary surrender unless specific conditions are agreed to by the Respondent. These include the provision the revocation is permanent and that is considered to be a disciplinary proceeding. Within the past two months, an individual attempted a surrender of his certification to avoid further prosecution. The surrender agreement did not include language specifying it was permanent and it was rejected by the FREAB.

Here in Florida, a Voluntary Surrender for Revocation is reported to the ASC as a Revocation. Cost of investigation and prosecution has nothing to do with the decision of the FREAB.

Respondents are encouraged, at times, to use this procedure when the case against them is particularly strong. By agreeing they save on the cost of their defense and avoid the possibility the FREAB may assess a fine in addition to revocation. Fines in Florida are punitive. They do not accrue to the FREAB. Instead, they are paid to the State.

As always, your mileage may vary. Disciplinary procedures differ from state to state. Making assumptions of another state board's procedures and motivation based upon your experience or perception of a particular board, state or individual is fraught with potential for error.