4 Colo. Code Regs. § 725-2, ch. 13
Current through Register Vol. 47, No. 24, December 25, 2024
Chapter 13 - DISCIPLINARY PROCEDURES13.1. Complaints alleging violation of the Colorado Real Estate Appraiser Licensing Act or the Board Rules must be in writing on a form or in the manner prescribed by the Board. Nothing in this Rule 13.1. will act to prevent the Board from acting upon its own motion to open a complaint.13.2. Pursuant to section 12-10-604(1)(c), C.R.S., and section 24-4-105(3), C.R.S., any disciplinary hearing conducted on behalf of the Board may, at the discretion of the Board, be conducted by an Administrative Law Judge from the Office of Administrative Courts of the Department of Personnel & Administration.13.4. A Licensee or a holder of a Temporary Practice Permit has a duty to respond and provide requested documents for investigations. A. Licensees and holders of Temporary Practice Permits must provide the Board with all information required by this Rule.1. Licensees and holders of Temporary Practice Permits will receive written notification from the Board that an investigation has been initiated and a copy of the complaint. All requested information must be submitted in accordance with the timeline established in the notification letter. An extension of time may be requested. a. The Licensee or holder of a Temporary Practice Permit may request an extension of time to comply if: i. The request is reasonable and in writing; andii. The request is received by the Board prior to the expiration date as set forth in the notification letter sent by the Board.b. Any and all extensions granted are at the discretion of the Board.2. Failure to provide all requested information will be grounds for disciplinary action regardless of whether the underlying complaint results in further investigation or subsequent action by the Board.B. The response from the Licensee or holder of a Temporary Practice Permit must contain the following: 1. A complete and specific answer to the factual recitations, allegations or averments made in the complaint filed against the Licensee or holder of a Temporary Practice Permit, whether made by a member of the public or on the Board's own motion;2. A complete and specific response to any additional questions, allegations or averments presented in the notification letter;3. Any documents or records requested in the notification letter; and4. Any further information relative to the complaint that the Licensee or holder of a Practice Permit believes to be relevant or material to the matters addressed in the notification letter.C. All documents required in this Rule must be kept in a Safe and Secure Manner. Electronic storage is acceptable as long as the information is accessible.13.5. The holder of a Board-issued license or Temporary Practice Permit, including an owner of more than ten (10) percent of a licensed AMC, must inform the Board in writing within thirty (30) days of any disciplinary action taken by any other state, district, territorial, or provincial real estate appraiser or AMC licensing authority. For purposes of this Rule 13.5, disciplinary action may include, without limitation, actions such as fines, required education, probation, suspension, revocation, letters of censure, debarment, required supervision, and the like.13.6. Pursuant to section 24-34-106, C.R.S., when a Licensee is required to complete real estate appraisal education as part of stipulation, final agency order, or stipulation for diversion, no portion of any such courses or programs will be creditable toward Continuing Education or qualifying education requirements.13.7. Pursuant to sections 12-10-613(1)(a) and (k), C.R.S., a Licensee must inform the Board in writing within thirty (30) days of conviction of, entering a plea of guilty to, entering a plea of nolo contendere to, entering an Alford plea to, or receiving a deferred judgment and sentence to any felony or misdemeanor offense, excluding misdemeanor traffic offenses, municipal code violations or petty offenses. A Licensee must inform the Board in writing within thirty (30) days of any disciplinary action taken against any professional licenses held by the Licensee, excluding the Licensee's Colorado appraisal credential. For purposes of this Rule 13.7., disciplinary action include, without limitation, actions such as imposition of fines, required or remedial education, probation, suspension, revocation, letters of censure, debarment, mandatory supervision, and the like.13.8. Board members, Division staff and contractors hired by the Division are not required to comply with USPAP in performance of the official duties that include, but are not limited to:B. Work experience reviews conducted during license application processing;C. The review or analysis of investigative findings, experience reviews, and/or work product reviews resulting from Board case resolutions; orD. The review of the appraisal as part of an application. An investigation or review conducted by staff, a member of the Board or a contractor hired by the Division is not considered an "appraisal review" or an "appraisal" as defined by the USPAP.
13.9. A holder of a Board-issued license or Temporary Practice Permit must respond in writing to any correspondence from the Board requiring a response. The written response must be submitted within the time period provided by the Board. The Board will send such correspondence to the holder's address of record filed with the Board. Failure to submit a timely written response will be grounds for disciplinary action.13.11. A Controlling Appraiser must inform the Board in writing within thirty (30) days of conviction of, entering a plea of guilty to, entering a plea of nolo contendere, entering an Alford plea, or receiving a deferred judgment and sentence to any misdemeanor or felony relating to the conduct of an appraisal, theft, embezzlement, bribery, fraud, misrepresentation, or deceit, or any other like crime under Colorado law, federal law, or the laws of other jurisdictions.13.12. A Controlling Appraiser, or an approved designee of a licensed AMC, must inform the Board in writing within thirty (30) days regarding the following: A. An owner of an appraisal management company, possessing more than ten percent ownership of the licensed entity, has been convicted of, entered a plea of guilty to, entered a plea of nolo contendere, entered an Alford plea, or receiving a deferred judgment and sentence to any misdemeanor or felony relating to the conduct of an appraisal, theft, embezzlement, bribery, fraud, misrepresentation, or deceit, or any other like crime under Colorado law, federal law, or the laws of other Jurisdictions; andB. An owner of an AMC, possessing any percentage ownership of the licensed entity, has had an appraiser license or certificate refused, denied, cancelled, surrendered in lieu of revocation, or revoked in any jurisdiction.37 CR 15, August 10, 2014, effective 8/30/201437 CR 23, December 10, 2014, effective 1/1/201538 CR 19, October 10, 2015, effective 10/30/201539 CR 11, June 10, 2016, effective 6/30/201639 CR 23, December 10, 2016, effective 1/1/201740 CR 15, August 10, 2017, effective 8/30/201740 CR 23, December 10, 2017, effective 1/1/201841 CR 07, April 10, 2018, effective 4/30/201841 CR 15, August 10, 2018, effective 8/30/201841 CR 23, December 10, 2018, effective 12/31/201842 CR 11, June 10, 2019, effective 6/30/201942 CR 23, December 10, 2019, effective 1/1/202043 CR 23, December 10, 2020, effective 1/1/202144 CR 07, April 10, 2021, effective 4/30/202144 CR 23, December 10, 2021, effective 1/1/202245 CR 07, April 10, 2022, effective 4/30/202245 CR 19, October 10, 2022, effective 10/30/202245 CR 23, December 10, 2022, effective 12/30/202246 CR 23, December 10, 2023, effective 1/1/2024