Appraiser board

[George Hatch]

If someone's primary defense hinges on a technicality in the composition of the board then the State has an easy fix for their end.

With that said, rules are rules.

 

[James Mic]

I have no idea. That would be a legal question and I am no lawyer. If that were true they might have to go back and throw out some board actions for as long as they ere out of compliance with state law. We have a Governor and Speaker of the house that made those appointments. Both of them will be leaving office this year. I doubt they really care much about ti CU

 

[Bob Ipock]

If someone's primary defense hinges on a technicality in the composition of the board then the State has an easy fix for their end.

With that said, rules are rules.

Rules are rules and laws are laws. The extra MAI was appointed in violation of state law. I am told the NCAB sent notice of the issue to the state legislature and Attorney General's office and basically they found no reason to rescind the appointment. I do not have a clue who the last one appointed but in my opinion they should have done the right thing and resigned.

 

[chad hampton]

My understanding as well. It was challenged and the AG office said they can proceed. If this isn’t a clear violation, I don’t know what is. Not really much to interpret.

 

[George Hatch]

One thing about the state board structure itself is appraisers are already paranoid that board members will engage in unequal conduct for some but not others. Or act in furtherance of their own business interests at the expense of their competition. So problematic board appointments only feed into that mistrust.

 

[Elliott]

The fundamental problem with board decisions is its a 'thumbs up' or 'thumbs down' on administrative sections recommended by the 'investigator.' There is no typical judicial process where there is a presentation of facts, arguments about the facts, and a studied determination of the what is really the truth, as is found in a court decision. Administrative procedure is mostly a method to fine and punish licensees. The investigators can be pulling their opinions out of their butts and no one is the wiser.

 

[George Hatch]

I think the administrative processes can be established and promulgated to protect the legitimate interests of all concerned, including the State and including the licensee. I also think some states have done better with "fair/equal" than others. Due process is a thing.

 

[djd09]

chevron...unconstitutional boards and so called made up rules by unelected politicians

 

[George Hatch]

The state rules/regs for the appraisers occur via legislation. I don't know for sure, but I'm not familiar with any appraisal boards that have the authority to codify any additional rules/regs by their own authority and outside of the legislative process. They're charged with working with what exists, not with writing new requirements on the fly.

 

[Elliott]

As the Army Corp of Engineers told a land owner, "I determine if its a wetland or not."