Iowa Admin. Code r. 193F-7.12 - Mitigating and aggravating factors
Factors the board may consider when determining whether to impose discipline and what type of discipline to impose include but are not limited to:
(1) History and background
of respondent.
a. Whether the respondent was a
registered associate appraiser or a certified appraiser at the time of the
violation.
b. Prior disciplinary
history or cautionary letters.
c.
Length of certification or registration at the time of the violation.
d. Disciplinary history of current or prior
supervisor.
e. Degree of
cooperation with investigation.
f.
Extent of self-initiated reform or remedial action after the date of the
violation.
g. Whether the volume or
geographic range of the respondent's practice is, or was at the time of the
violation, reasonable under the circumstances.
h. Whether the respondent practiced with a
lapsed, inactive, retired, suspended, revoked, or surrendered certificate or
registration.
(2) Nature
of violations, not limited to:
a. Length of
time since the date of the violation.
b. Whether the violation is isolated or
recurring.
c. Whether there are
multiple violations or appraisals involved.
d. Whether the violation is in the nature of
an error or situational carelessness or neglect, or reflects a more fundamental
lack of familiarity with applicable appraisal methodology or
standards.
e. Indicia of bad faith,
false statements, deceptive practices, or willful and intentional acts, whether
within the circumstances of the violation or in the course of the board's
investigation or disciplinary proceeding.
f. Evidence of improper advocacy or other
violation of the USPAP ethics rule or of Iowa Code section
543D.18 or
543D.18A(1).
g. The clarity of the issue or standard
involved.
h. Whether the respondent
practiced outside the scope of practice authorized by respondent's
certification or registration.
i.
Whether the violation relates to the respondent's supervisory role, the
respondent's individual appraisal practice, or both.
(3) Interest of the public, not limited to:
a. Degree of financial or other harm to a
client, consumer, lending institution, or others.
b. Risk of harm, whether or not the violation
caused actual harm.
c. Economic or
other benefit gained by respondent or by others as a result of the
violation.
d. Deterrent impact of
discipline.
e. Whether the
respondent issued a corrected appraisal report when
warranted.
Notes
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