298 Neb. Admin. Code, ch. 8, § 002 - VIOLATION OF REAL PROPERTY APPRAISER ACT
002.01 Any person
in the State of Nebraska is subject to the procedures established by this
Chapter for any alleged violations of the Act, the standards established by
this Title, or of this Title. Such procedure shall not suspend or preclude any
other proceedings otherwise allowed by the Act or by other law.
002.02 If technical assistance is required to
assist with the investigation and/or hearing, the Board may contract with or
use a qualified person. A member of the Board may participate in the
investigation; however, no board member may vote on any matter in which he or
she is appointed by his or her fellow board members to participate in an
investigation. Any person in contract with the Board to provide technical
assistance for an investigation reports his or her findings to the Board's
investigator as requested.
002.03
Upon receipt of a grievance not filed by the Board, the following steps are
generally followed:
002.03A If applicable, the
aggrieved person will be notified in writing that the grievance has been
received, and provided the investigation number assigned to the grievance and
directions to follow the matter through the minutes of the Board meetings in
which the grievance is discussed.
002.03B The person against whom the grievance
is filed will be notified in writing of the grievance and the allegations, and
may be requested to:
002.03B.1 Submit true
copies of report(s) and workfile(s), within an appropriate period of time as
determined by the investigator; and/or
002.03B.2 Answer the allegations in writing,
electronically, or verbally as determined by the
investigator.
002.03C The
Board's investigator evaluates the grievance, along with any information
obtained pursuant to Section
002.03B of this
Chapter, to determine jurisdiction and make a preliminary determination as to
whether any violations of the Act or this Title have been alleged. Upon
conclusion of the evaluation, the investigator will make a presentation to the
Board as to whether sufficient evidence exists to proceed with an
investigation.
002.03D The Board
reviews the evidence provided by the investigator and determines whether the
allegation(s) should be dismissed, or whether the allegation(s) should be
investigated.
002.03D.1 If the Board
determines that the allegations(s) should be investigated, the person under
investigation will be notified of the investigation and any alleged violations
of the Act or this Title in writing; or
002.03D.2 If the Board determines that the
allegation(s) should be dismissed, the person under investigation will be
notified of dismissal in writing.
002.04 For a grievance filed by the Board,
the following steps are generally followed:
002.04A The person against whom the Board is
considering filing a grievance will be notified in writing of the Board's
concerns, and may be requested to submit true copies of report(s) and
workfile(s), along with other information, within an appropriate period of time
as determined by the investigator.
002.04B The Board's investigator evaluates
the matter, along with any information obtained pursuant to Section
002.04A of this
Chapter, to determine jurisdiction and make a preliminary determination as to
whether any violations of the Act or this Title have been alleged. Upon
conclusion of the evaluation, the investigator will make a presentation to the
Board as to whether sufficient evidence exists to proceed with an
investigation.
002.04C The Board
reviews the evidence provided by the investigator and determines whether the
matter should be investigated.
002.04C.1 If
the Board determines that the matter should be investigated, the Board files a
grievance and notifies the person under investigation of grievance, including
any alleged violations of the Act or this Title in writing; or
002.04C.2 If the Board determines that the
matter should not be investigated, notice of such determination is provided to
the person against whom the Board was considering filing a
grievance.
002.05 If the Board determines to proceed
with an investigation, the following steps are generally followed:
002.05A In conducting an investigation, and
prior to filing a formal complaint on the grievance, the person who is under
investigation may be requested to:
002.05A.1
Submit additional documentation within an appropriate period of time as
determined by the investigator; and/or
002.05A.2 Provide a response to the results
of one or more technical reviews, and/or provide any other information
concerning the investigation, in writing, electronically, or verbally as
determined by the investigator.
002.05B In conducting an investigation, the
aggrieved person may be requested to:
002.05B.1 Submit documentation and other
information as requested;
002.05B.2
Respond to any request for information in writing, electronically, or verbally
as determined by the investigator; and/or,
002.05B.3 Discuss the allegations with the
investigator.
002.05C In
conducting an investigation, the investigator may interview or request
information in writing, electronically, or verbally as determined by the
investigator, from any other person.
002.05D Upon the conclusion of an
investigation, the Board's investigator may prepare an investigative report.
The report includes documentation that supports the findings as needed to
dismiss the allegation(s), or:
002.05D.1 In
the case of a credential holder, file a formal complaint.
002.05D.2 In the case of a person not holding
a credential under the Act, issue a cease and desist order or refer the
investigation to the appropriate county attorney for the consideration of
formal charges.
002.05E
The Board may offer the person an opportunity to informally discuss the alleged
violation(s) before the Board or with representative(s) of the Board, request
further investigation, dismiss the allegation(s), or:
002.05E.1 In the case of a credential holder,
file a formal complaint.
002.05E.2
In the case of a person not holding a credential under the Act, issue a cease
and desist order or refer the investigation to the appropriate county attorney
for the consideration of formal charges.
002.05F If the investigation reveals that
there is not good cause to believe that the person under investigation has
violated the Act or this Title, or the violation(s) is/are minor in nature as
determined by the Board, the matter will be dismissed, and no formal complaint
will be initiated by the Board, or cease and desist order issued by the Board.
Upon dismissal, the Board may issue an advisory opinion, recommend a specific
education activity, request to meet with the person under investigation to
discuss the matter, or make any other recommendation that the Board deems
beneficial to the person under investigation.
002.05G If the investigation discloses
evidence that the actions of the person under investigation constitute a
violation of the Act or this Title:
002.05G.1
A formal complaint is prepared by the Board and served upon the credential
holder under investigation.
002.05G.2 A cease and desist order may be
prepared by the Board and served upon the non-credential holder under
investigation.
002.06 The Board may enter into a consent
agreement or negotiated settlement at any time during an investigation, any
time before a cease and desist order is issued in the case of a person not
holding a credential under the Act, or any time after filing a formal complaint
for any person credentialed under the Act. Voluntary surrender or nonrenewal of
a credential or education activity to avoid or expedite enforcement or
disciplinary action does not preclude any enforcement action or sanction for
any alleged violation. In addition, voluntary surrender or nonrenewal of a
credential will prohibit the credential holder from applying for subsequent
reinstatement or credentialing.
002.07 Disciplinary action taken by the Board
may include but is not limited to:
(1)
Revocation of a credential or education activity,
(2) Suspension of a credential or education
activity,
(3) Denial of any
application,
(4)
Probation,
(5)
Admonishment,
(6)
Censure,
(7) Reprimand,
(8) Advisement,
(9) Education,
(10) Examination,
(11) Real property appraisal practice
experience,
(12) Limit or
limitations on a credential holder or applicant, and/or upon the right to
engage in real property appraisal practice and trainee real property appraiser
supervision,
(13) Cease and desist
order, and
(14) Costs associated
with investigation.
002.08 Pursuant to NEB. REV. STAT. §
76-2248.01, at any time during or
upon completion of an investigation, whenever in the judgement of the Board,
any person has engaged or is about to engage in any acts or practices which
constitute or will constitute a violation of the Act or this Title, the Board
may request that Attorney General maintain an action in the name of the State
of Nebraska to abate and temporarily and permanently enjoin such acts and
practices and to enforce compliance with the Act or this Title.
002.09
Supervisory Real Property
Appraiser
002.09A If any report
submitted to the Board by a trainee real property appraiser for verification of
experience as an applicant for credentialing is found to contain Uniform
Standard of Professional Appraisal Practice deficiencies, the supervisory real
property appraiser is notified of the Board's concerns, and is provided a
redacted copy of any technical review of the subject report completed at the
request of the Board.
002.09B The
supervisory real property appraiser may be requested to:
002.09B.1 Submit documentation, including but
not limited to, report(s) and workfile(s);
002.09B.2 Answer the results of a technical
review in writing; and/or
002.09B.3
Voluntarily and informally discuss the results of a technical review with one
or more board members.
002.09C If the Board finds that there is not
good cause to believe that the supervisory real property appraiser has violated
the Act or the Rules and Regulations promulgated by the Board, no consideration
will be given to the certified real property appraiser's future activity as a
supervisory real property appraiser.
002.09D If the Board finds a probability that
the actions of the supervisory real property appraiser constitute a violation
of the Act or the Rules and Regulations, a written advisement may be issued,
which may or may not include a recommendation for the supervisory real property
appraiser to take additional action; or the Board may upon its own motion cause
an investigation to be made. If the Board determines to proceed with an
investigation, the steps in Section
002.05 of this Chapter are generally
followed.
002.10
Education Provider
002.10A If
the actions of an education provider constitute an alleged violation of the Act
or this Title, the education provider is notified of the Board's concerns in
writing.
002.10B The education
provider may be requested to answer the allegations in writing, submit
documentation as requested, and/or voluntarily and informally discuss the
alleged violations with the Board or its investigator.
002.10C If the Board finds that there is not
good cause to believe that the education provider has violated the Act or this
Title, the education provider will be notified in writing, which may or may not
include advisement.
002.10D If the
Board finds a probability that the actions of the education provider constitute
a violation of the Act or this Title, the Board may upon its own motion, cause
an investigation to be made. If the Board determines to proceed with an
investigation, the steps in Section
002.05 of this Chapter are generally
followed. If applicable, the education provider is notified of the Board's
intent to rescind approval of an activity and any actions that may mitigate the
Board's concerns.
Notes
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