30 Miss. Code. R. 1502-2.11 - Removal of Appraisers from AMC Appraiser Panel

1. Notice.

(a) Notwithstanding any provision of Miss. Code Ann. § 73-34-129, an AMC may not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an appraiser without written notice to the appraiser stating the reasons why the appraiser is being removed from the appraiser panel.

(b) If the appraiser is being removed from the panel for illegal conduct, violation of USPAP, or a violation of state licensing standards, the written notice should notify the appraiser of the nature of the alleged conduct or violation; and

(c) The notice must provide an opportunity for the appraiser to respond to the notice.

2. Decision - The decision to remove the appraiser shall be in writing and shall contain the reason(s) and the basis for the removal.

3. Service of Notice and Decision - The AMC shall send both the written notice and decision to the appraiser by certified mail, return receipt requested.

4. Complaint for Review of AMC's Decision

(a) An appraiser who is removed from the appraiser panel of an AMC for alleged illegal conduct, violation of USPAP, or a violation of state licensing standards, may file with the Board a Complaint for review of the AMC's decision.

(b) If an appraiser files a Complaint, it shall be filed with the Board within twenty (20) days of the appraiser's receipt of the AMC decision.

(c) The scope of the Board's review of the AMC decision is limited to determining whether the AMC has complied with the notice requirements; and whether illegal conduct, a violation of USPAP, or a violation of state licensing standards has occurred.

(d) Adjudication of a Complaint for review of an AMC -s decision to remove an appraiser from an appraiser panel shall be conducted in accordance with Miss. Code Ann. § 73-34-131.

(e) If after opportunity for hearing and review, the Board determines that an AMC acted improperly in removing the appraiser from the appraiser panel, or that the appraiser did not commit a violation of law, a violation of USPAP, or a violation of state licensing standards, the Board shall:

(i) Provide written findings to the involved parties;

(ii) Provide an opportunity for the AMC/or the appraiser to respond to the findings; and

(iii) Make recommendations for action.

Notes

30 Miss. Code. R. 1502-2.11

Miss. Code Ann . §§ 73-34-129 & 73-34-131 (Rev. 2012); § 73-34-59 (Rev. 2019).

Amended 1/10/2020