230 R.I. Code R. 230-RICR-30-20-1.17

Current through December 3, 2024
Section 230-RICR-30-20-1.17 - Administrative Hearings
A. Powers and Proceedings. Except as otherwise specifically provided herein in § 1.17 of this Part, enforcement proceedings under this regulation shall be conducted in accordance with R.I. Gen. Laws § 5-20.7-22 and the Department's Rules of Procedure for Administrative Hearings, Part 10-00-2 of this Title.
B. Complaints. A written complaint alleging an appraiser has violated any provisions of R.I. Gen. Laws § 5-20.7-1, et seq., USPAP, or these regulations shall be filed with the Department. Any person, including members of the Board, may file a complaint with the Department. The Board or the Department may, upon its own motion, file a complaint against a licensed appraiser or a person or entity conducting unlicensed appraisal activity.
C. Investigation of Complaints.
1. Upon receipt of a complaint or upon its own motion, the Board shall review and investigate alleged acts or omissions, which the Board reasonably believes may constitute cause for disciplinary action. In order to determine if probable cause exists to conduct a hearing on a complaint, the investigator(s) designated by the Chairperson of the Board shall cause an investigation to be made into the allegations of the complaint.
2. Upon completion of the investigation, the investigators shall prepare and submit to the Board and the Department for its consideration a written report containing statements of fact and recommendations of the investigator(s). Thereafter, the Board may take one of the following actions by a vote:
a. Order the matter is further investigated.
b. Allow the appraiser who is the subject of the complaint an opportunity to appear before the Board for an informal discussion regarding the facts and circumstances of the alleged violation. The informal discussion shall constitute a part of the Board's investigation of the pending disciplinary case. The Board may consider the facts discussed at the informal discussion in the event the matter proceeds to a contested case hearing. The Board may seek a consent order as a result of the informal discussion.
c. Determine that the investigation does not warrant a finding that there is a basis for disciplinary action and that no probable cause exists to believe violation has occurred, and close the case and take no further action.
d. Determine there is probable cause to believe that a violation has occurred and recommend to the Director of the Department that the Department proceed with a contested case hearing or other administrative enforcement action.

230 R.I. Code R. 230-RICR-30-20-1.17