NY DOS Audit

[Greg Graybadger]

Hi Brian,
I am not an attorney and my comments here must not be construed as legal advice. I suggest you respond along these lines: "I would like to cooperate and conclude this matter, but I cannot sign the Consent Order as written because it contains factual errors. For the period of 03/11/2022 - 3/10/2024, I provided you with certificates documenting the required 28 hours of approved continuing education. All requirements for that period were met." You should never attest to false information. There is high potential for confusion in this matter, so be careful to state everything in clear, direct, short statements.

 

[George Hatch]

This one might be a wash. It's a simple explanation - you allowed your license to lapse because you were doing other things and then later ended up renewing late. You didn't do anything wrong. Wrong would have been appraising without an active license or the like.

 

[Brian Hannan]

Hi Brian,
I am not an attorney and my comments here must not be construed as legal advice. I suggest you respond along these lines: "I would like to cooperate and conclude this matter, but I cannot sign the Consent Order as written because it contains factual errors. For the period of 03/11/2022 - 3/10/2024, I provided you with certificates documenting the required 28 hours of approved continuing education. All requirements for that period were met." You should never attest to false information. There is high potential for confusion in this matter, so be careful to state everything in clear, direct, short statements.

Thank you very much Greg. I really appreciate the input.

 

[Sadie]

I am a non-practicing, Certified Residential Appraiser. On 03/10/2024 my license expired. This year I took, what I thought, was all the necessary CE courses (28 + 14) and renewed my license. I received a Notice of Audit from DOS and emailed the course certificates. It appears I was misinformed about the requirements. Per DOS, I need an additional 14 hours. I received different answers when calling Division of Licensing and the online course provider provided me with this information: Since your license expired on 03/10/2024 and today is 11/19/2025, that’s about 1 year and 8 months past expiration. You do not need another 14 hours for the second year because you haven’t reached a full two-year lapse yet. Note: It turned out to be later than 11/19/2025 however still under 2 years.
Copied from: dos.ny.gov/license-renewal
Please note that you must complete an additional 14 hours of approved continuing education for each year that has lapsed if you renew 185 days after the expiration date of your license.

I received a Consent Order from DOS that I am concerned about signing. The opening paragraph states, in short, that I hereby enter a plea of no contest that I failed to complete the required CE courses prior to filing my renewal for the period of 03/11/2022 - 03/10/2024. This is not true. I did complete these courses and emailed the certificates. I questioned this discrepancy and was told that this is the term before my license lapsed.

Key points in the Consent Order: I waive my rights. I complete 14 hours. Pay $250. Should I sign this?

Any feedback is greatly appreciated.

In Oregon if you allow your license to expire instead of going inactive, you have to start all over again with education and mentor hours.

 

[Brian Hannan]

In Oregon if you allow your license to expire instead of going inactive, you have to start all over again with education and mentor hours.

Thank you for replying. I guess it went inactive. I was able to renew under the 2-year time frame. I immediately took the additional 14 hours of CE needed.