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Solution To The Board Of Appraisal

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xmmcsmielr

Thread Starter
Junior Member
Joined
Feb 4, 2002
Since Arizona's Governor proposed to merge the Arizona Board of Appraisal with the Arizona Real Estate Dept, and discussion developed on this Forum and directly among appraisers, I've thought a great deal about what a good solution to the Board of Appraisal's failure would be.

The lack of effective USPAP enforcement is due to the structure of the Board and due to its lack of just procedure in handling complaints about violations, as well as poor selections of Board members.

The Board is an administrative branch of state gov't and hearings about complatins are all within the administrative branch of gov't, unless an appraiser hires a lawyer and moves the procedure into the judicial branch of gov't. The defense is either the appraiser or his/her legal representative.

When a complaint arrives at the Board's office there is no prosecution independent of the decision making body, i.e. the "judge" is the Board, which is part of the executive branch, and the "prosecution" has been either a Board member or the assistant A.G. assigned to the Board, also part of the executive branch of gov't.

The processing of complaints by a single branch of gov't is NOT conducive to justice, because many cases that simply do not deseve anything but dismissal, due to non existent or minor violations, are escalated into full blown prosecutions, while other complaints involving egregious violations including fraud and forgery are dismissed.

So, maybe the solution, IF the Board is retained as a surprising number of appraisers apparently are supporting, is to modify the complaint handling procedures to include the judicial branch of gov't right from the start: an appraisal court, kind of like traffic court.

I'm not sure of the specifics as to how the complaint handling procedure would be legally modified, only that some change to assure justice is essential, if the Board is to be retained.

Anyone have any ideas?

If the Board is to be retained with its present procedures intact, then I strongly urge the Governor to abolish the Board and replace it with one assistant appraisal commissioner under the Real Estate Dept. A continuation of the S.O.S. is completely unacceptable, because it has been an utter waste of time and money.
 

Karl

Elite Member
Joined
Jan 15, 2002
Professional Status
Licensed Appraiser
State
Arizona
A Jury of a minimum of 5 Appraisers with at least 5 years of experience in Appraising in AZ. Preferablly from different Counties. Paid similar to what board members get IE Travel, Food, lodging, ETC ETC. NO~! I do not care IF they are Licensed or CERTIFIED, I just care that they know what they are doing & a couple of Law Seminars would NOT hurt the qualifications.
 

Billie Hiser

Sophomore Member
Joined
Dec 20, 2004
Professional Status
Licensed Appraiser
State
Arizona
my .02

I would agree that the Board needs to be re-structured to handle things differently.

I don’t think the board members should be chosen by the Governor. Since we’ve had several corrupt governors in real estate I don’t think our board should be chosen by that one person.

There should be no public positions on the board since they have no clue what appraisers go through each day and certainly have no clue about USPAP. It should be made up of appraisers, licensed or certified, with all areas/counties represented. Board members should have to go through board training/classes and have to take additional continuing education to make sure they are competent enough to hold the position and not just someone’s buddy to fill the position or to help with someone's personal agenda/business plan.

They need to have specific criteria for discipline so that the little things that should be dismissed are dismissed instead of wasting time and money that should be spent on taking the license of someone with multiple complaints who admittedly commits fraud.

Those who admit to committing fraud should automatically be prosecuted. If you rob the convenience store on the corner you will automatically be prosecuted, committing fraud in real estate should be no different.

That discipline should include fines to cover the costs of additional board members (to make sure each area is represented) and competent investigators. Additionally, the investigators should be anonymous to the board members so that the witch hunts end and independent unbiased results can occur.
 

Tudor

Member
Joined
Aug 15, 2006
Professional Status
Certified Residential Appraiser
State
Arizona
I think fraud should be dealt with much harsher penalties (revocation seems appropriate) too many are having the trainees do all of the work. Seriously, how can owners of some of these larger appraisal firms with offices in numerous states be training 3 appraisers at a time.

Fines should be imposed for other violations, one as a deterrant and two to help fund the investigations.

I feel like a clean baseball player having to compete against the steroid users.
 
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