Iowa Admin. Code r. 193F-6.6 - [Effective until 5/22/2024] Work product review
(1) An applicant
shall submit a complete appraisal log at the time of application for
examination and work product review. Three appraisal reports will be selected
to demonstrate a diversity of experience and approaches to value over various
time frames for work product review. The applicant shall submit, both
electronically and on paper, one copy of each report and work file for each of
the selected appraisals along with the appropriate form and fee. The work
product submission shall not be redacted by the applicant; however, the
applicant may request the reports remain confidential as specified in subrule
6.6(2). The fee for work product review of the appraisals is provided in
193F-Chapter 12. Appraisals may be selected at random from the entire log or
within certain types of appraisals. The board reserves the right to request one
or more additional appraisals if those submitted by the applicant raise issues
concerning the applicant's competency or compliance with applicable appraisal
standards or the degree to which the submitted appraisals are representative of
the applicant's work product. Such additional appraisals may be selected at
random from the applicant's log or may be selected specifically to provide an
example of the applicant's work product regarding a particular type of
appraisal.
(2) The board shall
treat all appraisals received as public records unless the applicant notifies
the board at the time of submission that a submitted appraisal is subject to
the confidentiality provisions of appraisal standards or is otherwise
confidential under state or federal law. While applicants are encouraged to
submit appraisals actually performed for clients, applicants may submit one or
more demonstration appraisals if the appraisals are prepared based on factual
information in the same manner as applicable to actual appraisal assignments
and are clearly marked as demonstration appraisals. Experience gained for work
without a traditional client (i.e., a client hiring an appraiser for a business
purpose), for example a demonstration appraisal, cannot exceed 50 percent of
the total experience requirement.
(3) An applicant seeking original or upgrade
certification as a certified general real property appraiser shall submit one
residential appraisal and two nonresidential appraisals for review.
(4) The board will submit the appraisals to a
peer review consultant for an opinion on the appraiser's compliance with
applicable appraisal standards.
(5)
The work product review process is not intended as an endorsement of an
applicant's work product. No applicant or appraiser shall represent the results
of work product review in communications with a client or in marketing to
potential clients in a manner which falsely portrays the board's work product
review as an endorsement of the appraiser or the appraiser's work product.
Failure to comply with this prohibition may be grounds for discipline as a
practice harmful or detrimental to the public.
(6) The board views work product review, in
part, as an educational process. While the board may deny an application based
on an applicant's failure to adhere to appraisal standards or otherwise
demonstrate a level of competency upon which the public interest can be
protected, the board will attempt to work with applicants deemed in need of
assistance to arrive at a mutually agreeable remedial plan. A remedial plan may
include additional education, desk review, a mentoring program, or additional
precertification experience.
(7) An
applicant who is denied certification based on the work product review
described in this rule, or on any other ground, shall be entitled to a
contested case hearing as provided in rule
193F-20.39 (546,543D,272C).
Notice of denial shall specify the grounds for denial, which may include any of
the work performance-related grounds for discipline against a certified
appraiser.
(8) If probable cause
exists, the board may open a disciplinary investigation based on the work
product review of an applicant. A potential disciplinary action could arise,
for example, if the applicant is a certified residential real property
appraiser seeking an upgrade to a certified general real property appraiser, or
where the applicant is uncertified and is working under the supervision of a
certified real property appraiser who cosigned the appraisal report.
(9) After accumulating a minimum of 500 hours
of appraisal experience, an applicant may voluntarily submit work product to
the board to be reviewed by a peer reviewer for educational purposes only. A
maximum of three reports may be submitted for review during the experience
portion of the certification process. Work product submitted for educational
purposes only will not result in disciplinary action on either the associate
appraiser or the associate appraiser's supervisor so long as the appraisal
review did not reveal negligent or egregious errors or omissions. The fee for
voluntary submissions of work product for review is provided in 193F-Chapter
12.
(10) The board will retain the
appraisals for as long as needed as documentation of the board's actions for
the Appraisal Subcommittee or as needed in a pending proceeding involving the
work product of the applicant or the applicant's supervisor. When no longer
needed for such purposes, the work product may be retained or destroyed at the
board's discretion.
Notes
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