The states are struggling to keep up with TAF's constantly changing word salad.
in the end the independent appraiser is required by the govt to take the class even if there are no changes..
I think it is pretty clear that without the approval of the legislature for each change, technically it violates the original FOIA that allowed this 'regulation by reference' loophole to exist. The reality is that the ledge needs to approve each change in USPAP to comply with federal law. However, this has proven to be like the Chevron rule - it's not constitutional but wink wink, we pretend that we can simply ignore it.No fixed revision cycle is a pretty simple concept to understand.
So it's apparently on the states to spend the additional time/effort and money it will take to comply with their state law as per the complaint. Either that or rewrite the state law itself. Because not complying with federal law isn't one of the states options unless they intend to put almost all every "independent appraiser" out of business .I think it is pretty clear that without the approval of the legislature for each change, technically it violates the original FOIA that allowed this 'regulation by reference' loophole to exist. The reality is that the ledge needs to approve each change in USPAP to comply with federal law. However, this has proven to be like the Chevron rule - it's not constitutional but wink wink, we pretend that we can simply ignore it.
And I understand that this was brought up in trial but the judge ruled against it but the defendant - like all too often - was too poor to appeal.
It's the federal law that requires the state to approve each time the standard changes.Either that or rewrite the state law itself