(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 following sanctions guidelines 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;
or
(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; or
(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 Respondent's practice;
(IV) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(V) Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(VI) Up to $250 in administrative penalties per act
or omission which constitutes a violation(s) of the Act, Board rules,
or USPAP, 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 Respondent's practice;
(vi) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii) Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(viii) Up to $1,500 in administrative penalties per
act or omission which constitutes a violation(s) of the Act, Board
rules, or USPAP, 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;
or
(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 Respondent's practice;
(IV) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(V) Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(VI) Up to $250 in administrative penalties per act
or omission which constitutes a violation(s) of the Act, Board rules,
or USPAP, up to the maximum $5,000 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 Respondent's practice;
(vi) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii) Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(viii) Up to $1,500 in administrative penalties per
act or omission which constitutes a violation(s) of the Act, Board
rules, or USPAP, 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 Respondent's practice;
(vi) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii) Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(viii) Up to $1,500 in administrative penalties per
act or omission which constitutes a violation(s) of the Act, Board
rules, or USPAP, 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 Respondent's practice;
(vi) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii) Restrictions on the scope of practice the Respondent's
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(viii) $1,000 to $1,500 in administrative penalties
per act or omission which constitutes a violation(s) of the Act, Board
rules, or USPAP, 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 Respondent's practice;
(vi) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii) Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
Cont'd... |