Section 298-8-003 - VIOLATION OF THE AMC REGISTRATION ACT003.01 All registered appraisal management companies and all applicants for a registration in the State of Nebraska are subject to the complaint procedures established by this Chapter for any alleged violations of the AMC 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 AMC Act or by other law.003.02 If technical assistance is required to assist with the investigation and/or hearing, the Board may contract with or use qualified individuals or companies. A member of the Board may participate in the investigation; however, no board member may vote on any matter in which he or she was appointed by his or her fellow board members to participate in an investigation. Any person under contract with the Board to provide technical assistance for an investigation reports his or her findings to the Board's investigator as requested.003.03 Upon receipt of a grievance not filed by the Board, the following steps are generally followed: 003.03A If applicable, the aggrieved person is 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.003.03B The person against whom the grievance is filed is notified in writing of the grievance and the allegations, and may be requested to answer the allegations in writing, electronically, or verbally within an appropriate period of time as determined by the investigator.003.03C The Board's investigator evaluates the grievance, along with any information obtained pursuant to Section 003.03B of this Chapter, to determine jurisdiction and to make a preliminary determination as to whether any violations of the AMC 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.003.03D 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. 003.03D.1 If the Board determines that the allegations(s) should be investigated, the person under investigation is notified of the investigation and any alleged violations of the AMC Act or this Title in writing; or003.03D.2 If the Board determines that the allegation(s) should be dismissed, the person under investigation is notified of dismissal in writing.003.04 For a grievance filed by the Board, the following steps are generally followed: 003.04A The person against whom the Board is considering filing a grievance is notified in writing of the Board's concerns, and may be requested to submit information within an appropriate period of time as determined by the investigator.003.04B The Board's investigator evaluates the matter, along with any information obtained pursuant to Section 003.04A of this Chapter, to determine jurisdiction and make a preliminary determination as to whether any violations of the AMC 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.003.04C The Board reviews the evidence provided by the investigator and determines whether the matter should be investigated.003.04C.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 AMC Act or this Title in writing; or003.04C.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.003.05 If the Board determines to proceed with an investigation, the following steps are generally followed: 003.05A In conducting an investigation, and prior to filing a formal complaint on the grievance, the person who is under investigation may be requested to:003.05A.1 Submit documentation, including but not limited to, report(s) and workfile(s), appraisal review report(s), AMC appraiser panel information, Uniform Standards of Professional Appraisal Practice compliance, AMC appraiser fees, and record of AMC appraiser valuation services within an appropriate period of time as determined by the investigator; and/or003.05A.2 Provide any other information concerning the investigation, in writing, electronically, or verbally as determined by the investigator.003.05B In conducting an investigation, the aggrieved person may be requested to: 003.05B.1 Submit documentation as requested;003.05B.2 Respond to any request for information in writing, electronically, or verbally as determined by the investigator; and/or,003.05B.3 Discuss the allegations with the investigator.003.05C 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.003.05D 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 file a formal complaint.003.05E If the investigation reveals that there is not good cause to believe that the person under investigation has violated the AMC 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. Upon dismissal, the Board may issue an advisory opinion, or recommend a specific action that the Board deems beneficial to the person under investigation.003.05F If the investigation discloses evidence that the actions of the person under investigation constitute a violation of the AMC Act or this Title, a formal complaint may be prepared by the Board.003.06 The Board may enter into a consent agreement or negotiated settlement at any time before or after filing a formal complaint. Voluntary surrender or nonrenewal of a registration to avoid or expedite enforcement or disciplinary action does not preclude any enforcement action or sanction for any alleged violation and will prohibit the person under investigation from applying for subsequent reinstatement or registration.003.07 Disciplinary action taken by the Board may include but is not limited to:(1) Conditional or unconditional revocation,(2) Conditional or unconditional suspension,(6) Civil penalty not to exceed five thousand dollars for a first offense and not to exceed ten thousand dollars for a second or subsequent offense,(8) Cease and desist order, and/or(9) Costs associated with investigation.003.08 Pursuant to NEB. REV. STAT. § 76-3222, 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 AMC 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 AMC Act or this Title.298 Neb. Admin. Code, ch. 8, § 003
Amended effective 4/10/2019Amended effective 12/21/2021Amended effective 6/5/2023