A peer review committee may be appointed by the board to
investigate a complaint. The committee may consist of one or more certified
general or certified residential real property appraisers. The board may
appoint a single peer review consultant to perform the functions of a PRC when,
in the board's opinion, appointing a committee with more members would be
impractical, unnecessary or undesirable given the nature of the expertise
required, the need for prompt action or the circumstances of the complaint. An
individual shall be ineligible as a PRC member in accordance with the standard
for disqualification found in rule
193F-20.14 (17A).
(1)
Authority. The PRC
investigation may include activities such as interviewing the complainant, the
respondent, and individuals with knowledge of the respondent's practice in the
community; gathering documents; and performing independent analyses as deemed
necessary. The board may give specific instructions to the PRC regarding the
scope of the investigation. In the course of the investigation, PRC members
shall refrain from advising the complainant or respondent on actions that the
board might take.
(2)
Term
of service. The PRC serves at the pleasure of the board. The board may
dismiss any or all members of a PRC or add new members at any time.
(3)
Compensation. PRC
members may receive compensation as the board may provide by contract. Within
established budget limitations, PRC members may be reimbursed for reasonable
and necessary expenses that are incurred for travel, meals and lodging while
performing committee duties. The PRC shall not hire legal counsel,
investigators, secretarial help or any other assistance without written
authorization from the board.
(4)
Review. Each PRC shall submit a written review to the board
within a reasonable period of time.
(5)
Components of the
review. The review shall include a summary of the PRC's findings,
including the PRC's opinion as to whether a violation occurred, citation of the
specific USPAP violation(s), citation of the Iowa Code section(s) and Iowa
Administrative Code rule(s) violated, and the PRC's opinion of the seriousness
of the violation and a recommendation to the board.
(6)
Recommendation. The PRC
report shall recommend one of the following:
a. Dismissal of the complaint;
b. Further investigation;
c. Disciplinary proceedings;
d. Allowing the appraiser who is the subject
of the complaint an opportunity to appear before the board for an informal
discussion regarding the circumstances of the alleged violation.
If the PRC recommends further investigation or disciplinary
proceedings, supporting information must be submitted to the board including
citation of the specific USPAP violation(s), Iowa Code section(s) and Iowa
Administrative Code rule(s) violated.
(7)
Disciplinary
recommendations. When recommending disciplinary proceedings, a PRC
shall refrain from suggesting a particular form of discipline, but may provide
guidance on the severity of the violations that prompted the recommendation and
may identify professional areas in which the appraiser needs additional
education or supervision in order to safely practice.
(8)
Confidentiality. The PRC
shall not discuss its findings and conclusions with any party to the complaint
other than the board (through its report to the board) or board staff. PRC
findings including the name of the complainant shall be kept confidential at
all times. PRC findings shall be used only for the purposes of the board's
possible disciplinary action and not for any other court case, lawsuit, or
investigation.
(9)
Testimony. In the event of formal disciplinary proceedings,
PRC members may be required to testify.
