| (J) The level of experience Respondent had in the appraisal
profession at the time of the violations, including:
(i) The level of appraisal credential Respondent held;
(ii) The length of time Respondent had been an appraiser;
(iii) The nature and extent of any education Respondent
had received related to the areas in which violations were found;
and
(iv) Any other real estate or appraisal related background
or experience Respondent had;
(K) Whether Respondent can improve appraisal skills
and reports through the use of remedial measures.
(3) The sanctions guidelines contained herein shall
be employed in conjunction with the factors listed in paragraph (2)
of this subsection to assist in reaching the proper disposition of
a formal complaint:
(A) 1st Time Discipline Level 1--violations of the
Act, Board Rules, or USPAP which evidence minor deficiencies will
result in one of the following outcomes:
(i) Dismissal;
(ii) Dismissal with non-disciplinary warning letter;
(iii) Contingent dismissal with remedial measures.
(B) 1st Time Discipline Level 2--violations of the
Act, Board Rules, or USPAP which evidence serious deficiencies will
result in one of the following outcomes:
(i) Contingent dismissal with remedial measures;
(ii) A final order which imposes one or more of the
following:
(I) Remedial measures;
(II) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(III) A probationary period with provisions for monitoring
the appraiser's practice;
(IV) Restrictions on a certified appraiser's ability
to sponsor any appraiser trainees;
(V) Restrictions on the scope of practice the appraiser
is allowed to engage in for a specified time period or until specified
conditions are satisfied;
(VI) Up to $250 in administrative penalties per act
or omission which constitutes a violation(s) of USPAP, Board Rules
or the Act, not to exceed $3,000 in the aggregate.
(C) 1st Time Discipline Level 3--violations of the
Act, Board Rules, or USPAP which evidence serious deficiencies and
were done with knowledge, deliberately, willfully, or with gross negligence
will result in a final order which imposes one or more of the following:
(i) A period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v) A probationary period with provisions for monitoring
the appraiser's practice;
(vi) Restrictions on a certified appraiser's ability
to sponsor any appraiser trainees;
(vii) Restrictions on the scope of practice the appraiser
is allowed to engage in for a specified time period or until specified
conditions are satisfied;
(viii) Up to $1,500 in administrative penalties per
act or omission which constitutes a violation(s) of USPAP, Board Rules
or the Act, up to the maximum $5,000 statutory limit per complaint
matter.
(D) 2nd Time Discipline Level 1--violations of the
Act, Board Rules, or USPAP which evidence minor deficiencies will
result in one of the following outcomes:
(i) Dismissal;
(ii) Dismissal with non-disciplinary warning letter;
(iii) Contingent dismissal with remedial measures;
(iv) A final order which imposes one or more of the
following:
(I) Remedial measures;
(II) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(III) A probationary period with provisions for monitoring
the appraiser's practice;
(IV) Restrictions on a certified appraiser's ability
to sponsor any appraiser trainees;
(V) Restrictions on the scope of practice the appraiser
is allowed to engage in for a specified time period or until specified
conditions are satisfied;
(VI) Up to $250 in administrative penalties per act
or omission which constitutes a violation(s) of USPAP, Board Rules
or the Act, up to the maximum $1,000 statutory limit per complaint
matter.
(E) 2nd Time Discipline Level 2--violations of the
Act, Board Rules, or USPAP which evidence serious deficiencies will
result in a final order which imposes one or more of the following:
(i) A period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v) A probationary period with provisions for monitoring
the appraiser's practice;
(vi) Restrictions on a certified appraiser's ability
to sponsor any appraiser trainees;
(vii) Restrictions on the scope of practice the appraiser
is allowed to engage in for a specified time period or until specified
conditions are satisfied;
(viii) Up to $1,500 in administrative penalties per
act or omission which constitutes a violation(s) of USPAP, Board Rules
or the Act, up to the maximum $5,000 statutory limit per complaint
matter.
(F) 2nd Time Discipline Level 3--violations of the
Act, Board Rules, or USPAP which evidence serious deficiencies and
were done with knowledge, deliberately, willfully, or with gross negligence
will result in a final order which imposes one or more of the following:
(i) A period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v) A probationary period with provisions for monitoring
the appraiser's practice;
(vi) Restrictions on a certified appraiser's ability
to sponsor any appraiser trainees;
(vii) Restrictions on the scope of practice the appraiser
is allowed to engage in for a specified time period or until specified
conditions are satisfied;
(viii) Up to $1,500 in administrative penalties per
act or omission which constitutes a violation(s) of USPAP, Board Rules
or the Act, up to the maximum $5,000 statutory limit per complaint
matter.
(G) 3rd Time Discipline Level 1--violations of the
Act, Board Rules, or USPAP which evidence minor deficiencies will
result in a final order which imposes one or more of the following:
(i) A period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v) A probationary period with provisions for monitoring
the appraiser's practice;
(vi) Restrictions on a certified appraiser's ability
to sponsor any appraiser trainees;
(vii) Restrictions on the scope of practice the appraiser
is allowed to engage in for a specified time period or until specified
conditions are satisfied;
(viii) $1,000 to $1,500 in administrative penalties
per act or omission which constitutes a violation(s) of USPAP, Board
Rules or the Act, up to the maximum $5,000 statutory limit per complaint
matter.
(H) 3rd Time Discipline Level 2--violations of the
Act, Board Rules, or USPAP which evidence serious deficiencies will
result in a final order which imposes one or more of the following:
(i) A period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v) A probationary period with provisions for monitoring
the appraiser's practice;
(vi) Restrictions on a certified appraiser's ability
to sponsor any appraiser trainees;
(vii) Restrictions on the scope of practice the appraiser
is allowed to engage in for a specified time period or until specified
conditions are satisfied;
Cont'd... |
