1. The Department
may, upon the recommendation of the Board, revoke the appraiser's certificate
of a person under any of the following circumstances:
(a) The person fails to satisfy the
requirements for continuing education set forth in this chapter and
NRS
361.223. The Department may, upon the
recommendation of the Board, reinstate the appraiser's certificate if the
person subsequently satisfies the requirements for continuing education and
passes the appraiser's certificate examination.
(b) The person is an independent contractor
and the person fails to renew his or her appraiser's certificate annually as
required by this chapter. The Department may, upon the recommendation of the
Board, reinstate the appraiser's certificate if the person subsequently
satisfies the requirements for renewing his or her appraiser's certificate and
passes the appraiser's certificate examination.
(c) The person's appraiser's certificate has
been suspended for a period of more than 1 year. The Department may, upon the
recommendation of the Board, reinstate the appraiser's certificate if the
person passes the appraiser's certificate examination.
(d) The person engages in unethical
professional conduct, including, without limitation:
(1) Making oral or written public statements
in the course of performing duties as an appraiser that are untrue or intended
to mislead or deceive the public.
(2) Engaging in activities relating to the
appraisal or assessment of property if the person has, or may reasonably be
considered by the public as having, a conflict of interest with regard to that
property.
(3) Accepting assignments
relating to the appraisal or assessment of property which are contingent on or
influenced by any condition that could impair the objectivity of the
person.
(4) Failing to perform the
duties of an appraiser in accordance with applicable statutes and
regulations.
2. If the appraiser's certificate of a person
is revoked pursuant to paragraph (d) of subsection 1:
(a) The Department will not accept or review
an application for an appraiser's certificate from that person within 3 years
after the date of the revocation.
(b) If the person files an application for an
appraiser's certificate after the expiration of the 3-year period, the
applicant must:
(1) Provide the Department
with the resume of the applicant which documents his or her education, his or
her experience as an appraiser and any professional designations or
certificates he or she holds, and which contains the names of at least two
personal references. The Department may investigate the truthfulness of the
information and representations set forth in the resume.
(2) Pass the appraiser's certificate
examination.
(c) The
Board may recommend that the application for an appraiser's certificate filed
by the person pursuant to paragraph (b) be approved if the Board finds that the
person has satisfied the requirements of paragraph (b) and that the person has
not engaged in unethical professional conduct as described in paragraph (d) of
subsection 1 at any time since the revocation of his or her appraiser's
certificate.
3. The
Board may not recommend the revocation of an appraiser's certificate except
after a meeting noticed in accordance with
NRS
241.034.
4. A person whose appraiser's certificate is
revoked by the Department shall not render an opinion concerning the value of
property but may collect data for use by certified appraisers to establish
value.
Added to NAC by Tax Comm'n by
R028-03, eff. 12-4-2003