Ala. Admin. Code r. 780-X-17-.19

Current through Register Vol. 43, No. 1, October 31, 2024

Section 780-X-17-.19 - Disciplinary Action

(a) The Board may censure, conditionally or unconditionally suspend registration, revoke registration, levy fines, or impose civil penalties not exceeding twenty-five thousand dollars ($25,000) against any appraisal management company that the Board determines is attempting to or has performed any of the following:

(1) an act in violation of this article;

(2) a violation of any regulation adopted by the board in the interest of the public and consistent with this article; and

(3) the procurement of registration through fraud, misrepresentation, or deceit.

(b) The Board shall conduct ad judicatory proceedings for any violation in accordance with the Administrative Procedure Act. Ad judicatory proceedings shall include, but not be limited to, all of the following due process protections:

(1) before censuring, suspending, or revoking registration under this article, the Board shall notify the registrant in writing of any charges at least twenty (20) days before the date set for hearing and shall afford the registrant an opportunity to be heard in person or by counsel;

(2) the written notice shall be served by certified mail, return receipt requested, to the principal contact at the address of the registrant on file with the Board;

(3) service shall be complete on mailing the written notice;

(4) the hearing on the charges shall be at a time and place prescribed by the Board, in accordance with the Administrative Procedure Act;

(5) the hearing may be conducted before a hearing officer designated by the Board who shall make findings of fact, conclusions of law, and enter an ad judicatory disposition; and

(6) the Board shall deliver or mail any findings of fact, conclusions of law, and ad judicatory dispositions to the registrant.

(c) Nothing in this section shall prevent the resolution of a pending matter through an alternative dispute resolution process or informal settlement process adopted by the Board.

Ala. Admin. Code r. 780-X-17-.19

New Rule: Filed November 18, 2011; effective December 23, 2011.

Author: Lisa Brooks, Executive Director, Alabama Real Estate Appraisers Board

Statutory Authority:Code of Ala. 1975, §§34-27A-54, 34-27A-61, 34-27A-62.