(a) Certified Real Estate Appraisers and
Certified Appraiser Trainees. In addition to the statutory grounds for
disciplinary action against an appraiser (W.S. §
33-39-123) , the Board may deny a permit or
impose any disciplinary action authorized by W.S. §
33-39-123(a)
or combination thereof for any of the
following:
(i) An act or omission involving
dishonesty, fraud or misrepresentation;
(ii) After accepting an appraisal assignment,
failure or refusal, without good cause, to exercise reasonable diligence in
developing an appraisal, preparing an appraisal report, communicating an
appraisal, or completing an appraisal;
(iii) Failure to notify the Board of a change
of address within thirty (30) days.
(iv) Appraising a property type that is
outside the scope of a Certified Residential Permit. However, appraisers
holding a Certified Residential Permit may obtain the experience necessary to
upgrade to a Certified General Permit by appraising properties outside the
allowed scope of a Certified Residential Permit by associating with an
appraiser holding a Wyoming Certified General Permit, provided that:
(A) The appraiser holding the Certified
General Permit shall review, sign, and accept responsibility for the appraisal
and report, and
(B) The report
shall fully disclose each appraiser's or trainee's role in the appraisal and
reporting process, and
(C) The
Certified Residential Permit holder shall not make any representations
regarding the value analysis to a third party.
(v) Failure to produce documents and records
concerning an appraisal under investigation by the Board.
(vi) Failure to appear and to testify under
oath at a hearing held by the Board.
(vii) Failure to pay a fine imposed pursuant
to
W.S.
33-39-123 within thirty (30) days of the date
of the Order.
(viii) In addition to
noncompliance with standards prescribed by USPAP, as adopted by the Board, any
failure to conform to the conduct prescribed by or requirements contained in
the Ethics Rule, the Competency Rule, the Scope of Work Rule and the
Jurisdictional Exception Rule of USPAP shall constitute a separate ground for
discipline under these rules.
(ix)
Violation of any provision of
W.S.
33-39-101 through
33-39-130,
Board Rules and Regulations, or USPAP.
(x) Failure to complete one seven (7) hour
national USPAP update course during the period of time when that USPAP course
was adopted and in effect.
(b) A summary of all final discipline,
whether imposed by settlement or following a contested case hearing, will be
published in the Real Estate Commission newsletter, posted on the Board
website, and such information as is mandated by federal law for various
purposes, including such information that may be subject to a national
clearinghouse maintained by the Appraisal Subcommittee of the Federal Financial
Institutions Examination Council, and in furtherance of Title XI of the Federal
Financial Institutions Examination Act ("FIRREA") Real Estate Appraisal Reform
[ 12 U.S.C. §§ 3331-3351 ], as amended by the Dodd-Frank Reform Act
will be reported.
(c) The Board
retains jurisdiction over persons issued a permit pursuant to the Act and these
rules, regardless of whether the permit expired, lapsed or was relinquished
during or after the alleged occurrence of conduct proscribed by the Act or
these rules.
(i) The applicant has had an
appraiser license or certification revoked in any governmental jurisdiction
within the five (5) year period immediately preceding the date of
application;
(ii) The applicant has
been convicted of, or pled guilty or
nolo contendere to, a
felony in a domestic or foreign court:
(A)
During the five (5) year period immediately preceding the date of the
application for licensing or certification; or
(B) At any time preceding the date of
application, if such felony involved an act of fraud, dishonesty, or a breach
of trust, or money laundering;
(iii) The applicant has failed to demonstrate
character and general fitness such as to command the confidence of the
community and to warrant a determination that the appraiser will operate
honestly, fairly, and efficiently within the purposes of these
criteria.
(d) AMCs. The
Board may impose any disciplinary action authorized by W.S. §
33-39-224 for any violation of W.S.
§§
33-39-202
through
33-39-225 by
an AMC, its representatives or employees.
