Current through September 18, 2024
Authority: IC
6-1.1-31-1;
IC
6-1.1-35.5-8.5
Affected: IC 6-1.1-4; IC 6-1.1-35.5; IC 6-1.1-35.7
Sec. 6.
(a) The
department may revoke the Level One, Level Two, or Level Three
assessor-appraiser certification of an individual for:
(1) conduct proscribed by IC
6-1.1-35.5-6(b);
(2) gross incompetence in the performance of
an assessment; or
(3) noncompliance
with:
(A) the continuing education provisions
of this article;
(B) the provisions
of the contract entered under IC 6-1.1-4; or
(C) assessing laws under IC 6-1.1 and rules
of the department.
(b) The revocation procedure shall be
initiated by the department's issuance of a notice to the respondent. The
notice shall:
(1) be sent by certified mail,
return receipt requested;
(2)
contain a clear and concise statement detailing the alleged
misconduct;
(3) state the time and
place for a hearing not less than ninety (90) days from the date of mailing the
notice; and
(4) inform the
respondent:
(A) of the information contained
in subsections (d) and (g); and
(B)
that the failure to attend the hearing without good cause may constitute
grounds for default entered in favor of the department, as well as the sanction
imposed.
(c)
The department shall appoint a hearing officer for purposes of these
proceedings. The hearing officer may by prior written notice:
(1) conduct any prehearing proceedings:
(A) requested by either party; or
(B) that the hearing officer determines may
aid in the ultimate resolution of the proceedings; and
(2) allow informal discovery subject to any
terms and conditions the hearing officer deems to be appropriate.
(d) The revocation hearing shall
be conducted on the record and as follows:
(1)
The respondent:
(A) may be represented by
counsel; and
(B) shall have the
right to:
(i) present witnesses and evidence
on the respondent's own behalf; and
(ii) cross-examine the department's witnesses
or evidence.
(2) The burden of proof shall be on the
department to prove the violation or violations alleged by a preponderance of
the evidence.
(3) No continuance
shall be granted except upon a showing of good cause.
(e) The hearing officer may consider any of
the following in recommending to the commissioner whether respondent's Level
One, Level Two, or Level Three assessor-appraiser certification should be
revoked:
(1) The seriousness of the violation
that gave rise to the proceedings.
(2) Whether the violation is likely to
recur.
(3) The respondent's
character, including remorse, if any.
(4) Whether the respondent's continued status
as a Level One, Level Two, or Level Three assessor-appraiser would pose an
undue risk to the public.
(5) Any
other factor the hearing officer determines to be appropriate under the
circumstances.
(f) The
hearing officer shall submit a written recommendation for final action to the
commissioner. The recommendation shall contain the reasons for the hearing
officer's determination of the sanction, if any, to be imposed. The
commissioner is not bound by the hearing officer's recommendation.
(g) If the commissioner determines that a
violation of section 2(a) of this rule has occurred, the commissioner may take
any of the following remedies with respect to the respondent:
(1) Decline to issue any sanction.
(2) Issue a written reprimand admonishing the
respondent for the violation.
(3)
Suspend the respondent's Level One, Level Two, or Level Three
assessor-appraiser certification for a period of up to one (1) year, at the
conclusion of which the respondent shall be automatically reinstated, provided
that the respondent meets all the educational requirements for a Level One,
Level Two, or Level Three assessor-appraiser certification, as applicable to
the proceedings.
(4) Revoke the
respondent's certification.
(h) The commissioner may take any of the
remedies provided in subsection (g)(1) through (g)(3) if the respondent
demonstrates through an affidavit signed under the penalties of perjury that
the respondent was unable to satisfy one (1) or more of the conditions required
to maintain the respondent's certification due to a natural disaster, accident,
or other unanticipated emergency. The commissioner may request supporting
documentation to supplement the affidavit.
(i) The commissioner's determination as to
which of the actions under subsection (g) to take regarding the respondent's
certification shall be based on the following factors:
(1) The severity of the violation.
(2) The nature of the natural disaster,
accident, or other unanticipated emergency the respondent claims prevented the
respondent from satisfying the condition or conditions required to maintain the
respondent's certification.
(3) The
respondent's previous compliance with or violation of the conditions required
to maintain the respondent's certification.
(j) The determination of the commissioner
constitutes a final appealable order of the department.
