Does your State Appraiser Board accept anonymous complaints?

[Terrel L. Shields]

I am torn by the subject. No one wants accused of petty professional backstabbing, but truth is appraisers can understand defects in reports far better than the public. It surely does mean that a frivolous complaint can be submitted however. Rice mentioned Arkansas. Please also note that they have a 3 year period from the date of the report to file a complaint. I wouldn't be opposed to a two year one. If you cannot find something to complain about before 2 or 3 years, then it ought be dismissed without consideration. Frequently, imho, these reports are held as threats against appraisers.

What I would not oppose would be a system where the complaintant had to disclose their name before any sanction be meted out but that name be withheld by the board. And if the complaintant is a Mortgage broker or banker, then they must disclose that to the person having the grievence files.
There is something wrong about not being able to confront your accusers. Secondly, I have never failed to have the concern about when such complaints are put forward that the reports are nitpicked in the same fashion some self-important reviewers nitpick them anyway. There are clear cases of severe errors of fact. There are deliberate attempts to inflate reports. But too many complaints even by appraisers seem to fall back upon judgment calls. What is an appropriate adjustment? What is "condition", what is "quality", what is "effective age". How 'similar' is 'similar'? Those kinds of judgments should always get great latitude among appraisers. It's like complaining about an engineer using steel to build a bridge because another engineer would have used concrete.

 

[Thomas Fiehler]

I am licensed in 2 states: Ohio & Kentucky. Ohio does not accept anonymous complaints but Kentucky does.

 

[Charles Witt]

Delaware does not accept anonymous complaints unfortunately.
As a six year board member I have found a reluctance for many appraisers to even be involved with a complaint. Our state division of licensing has a separate investigative division that first receives the complaint(I have a problem with this but the AG's office does not want to do any more work than they have too, especially for some case that will make newspaper headlines). If they believe it merits then it is forwarded to council to assign a contact person (council member) to be liason to the investigative unit for expertise in appraising. The respondent is contacted by the investigator for their side of the story. Then the contact perwson recommends whether it goes forward or not. However in some cases this is overriden by the assigned Deputy AG. If possible they try to negotiate a consent agreement as to penalty. If not negotiated, then a hearing gets set before the appraisal council. However the appraiser contact person may not serve on the hearing. The person who knows the most about the case can not partricipate. The entire council body sits as a hearing panel. A vote of 5 members must agree to a decision. Our council has nine members and we are short a member currently, so onoy seven can participate if they are in attendance.
Sort of a different approach HUH!

 

[PL1957]

IMO, if someone feels strongly enough to file a complaint that can result in an appraiser losing their ability to make a living, they should be willing to sign their name to the complaint.

 

[Scott Kibler]

IMO, if someone feels strongly enough to file a complaint that can result in an appraiser losing their ability to make a living, they should be willing to sign their name to the complaint.

My opinion too.

 

[Bob Ipock]

If a citizen or appraiser does not include what is required for a complaint....to bad for them. Easch state should list what is REQUIRED on their wedbsite.

NC used to list requirements (for an anonymous complaint) prior to the change in law. Primarily an appraisal or some other document to start the paper trail that is needed.

"He is a fat, rotten and crooked appraiser" ain't gonna get it.

Give the investigators something to work with and hope that they actually get the complaint.

 

[Bob Ipock]

My opinion too.

If you guys suspect a child is being mistreated, public funds are being stolen, drugs are being sold near your house or unlicened daycare is operating......do you sign your name?

The ACCUSER is the STATE and each defendent will get to face them in court or in a public hearing. No one has a right to break the law and then complain if they were caught due to an anonymous tip.

I don't want or need to file an anonymous complaint....but please don't take that right away from me or others.



NCAB rules on complaints:


http://ncappraisalboard.org/disciplinary/complaints.htm

 

[Lawrence R.]

I like the idea of submitting your info to the board, but keeping that information private unless testimony is needed.

I have never filled out a complaint on anyone(this year that should change), but I think that along with the complainant's info, a disclosure of HOW the person came to have the report in the first place should be required.

If somebody broke the law to get a hold of an appraisal, there should be civil recourse if indeed, a board sees fit to sanction that appraiser.

Sort of the fruit of the poisonous tree thing....

I go back and forth on this issue, but here is why I am so conflicted.

I would like to say--hey, if you aren't doing anything wrong, you have nothing to fear.

But I don't feel like that is true. I don't have that kind of faith in my Board sometimes. They have certainly let me down in the past. And they have also exceeded my expectations.

I am hesitant though to put much faith in thier getting it right a large enough percentage of the time.

That may just be cynicism on my part, but they have done nothing to help foster goodwill with the appriasal community, and I think they are rather proud of that.

To be a regulatory department does not mandate that the system be adversarial.

They could try a little harder to earn some goodwill.

 

[Scott Kibler]

If you guys suspect a child is being mistreated, public funds are being stolen, drugs are being sold near your house or unlicened daycare is operating......do you sign your name?

What does that have to do with a professional complaint about a peer to a state licensing board?

 

[Kevin A. Spellman]

Massachusetts accepts anonymous complaints, but must submit the appraisal report with the compliant.