Ga. Comp. R. & Regs. 539-1-.21

Current through Rules and Regulations filed through December 24, 2024

Rule 539-1-.21 - Citations

(1) Whenever the Board determines from the evidence gathered in an investigation that an appraiser has violated one or more of the provisions of O.C.G.A. Chapter 43-39A or the rules and regulations adopted by the Board or a standard of conduct, the Board may issue a citation to the appraiser in lieu of initiating the process for the imposition of sanctions in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50. A citation issued by the board may include an order to complete a course of study in real estate appraisal or instruction or to pay a fine not to exceed $1,000.00 for each violation with fines for multiple violations limited to $5,000.00 in any one citation.

(2) The Board may elect to require successful completion of approved continuing education courses in addition to or in lieu of the financial penalties cited in paragraph (3) below.

(3) Violation of the following rules, regulations, and standards of conduct may become the basis for the issuance of a citation. While the Board may determine that circumstances warrant the imposition of a lesser penalty, the monetary penalty prescribed is the maximum penalty for a single violation of that rule, regulation, or standard of conduct. In the event of any conflict between the description of a violation in the schedule below and the language in the code section or rule, the language in the code section or rule shall control.

Violations	Maximum Fine per Violation
Where an examination of an approved school reveals a violation of requirements set forth in 539-2-.03; 520-3-.03; 539-2-.04; 539-2-.06(1) & (2); 539-2-.08; 539-2-.09; 539-2-.11; 539-2-.12; 539-2-.14; or 539-5-.04.	Fine of $100.00
Where an appraiser commits an error or omission in the development or reporting of an appraisal which violates one or more of the standards contained in Chapter 539-3 but which does not materially affect the validity of the appraisal or the appraisal report.	Fine of $200.00
Failure of an appraiser to print or type the appraiser's name, classification, and number assigned by the Board on any advertisment, document or instrument used by the appraiser which bears reference to the appraiser's classification. 43-39A-10 & 539-1-.17.	Fine of $200.00
Paying a finder's fee or a referral fee to a person who is not an appraiser in connection with a real estate appraisal. 43-39A-18(a)(5)	Fine of $200.00
Where an approved school violates one or more of the requirements set forth in 539-2-.14 in the development or offering of independent study courses.	Fine of $200.00
Engaging in real estate appraisal activity under an assumed or fictitious name not properly registered with the Secretary of State or with a political subdivision of this state as a name or trade name. 43- 39A-18(a)(4)	Fine of $200.00
Where an appraiser utilizes in other than a ministerial capacity, the services of a person who does not hold a current, active appraisal classification in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal. 43-39A-18(a)(18)	Fine of $200.00
Failure of an appraiser to print or type adjacent to his or her signature on an appraisal report or any other document or instrument used by the appraiser which bears reference to the appraiser's classification status and his or her signature, the appraiser's name, classification, and number assigned by the Board. 43-39A-10 & 539-1-.17.	Fine of $200.00
Failure of an appraiser to retain for five years an original or copy of each appraisal report prepared by or signed by the appraiser along with all supporting data upon which the appraiser relied in developing the appraisal and preparing the report. 43-39A-18(a)(12)	Fine of $200.00 per appraisal
Where an approved school offers a course without the Board's prior approval if such prior approval is required. 43-39A-8(c), 539-2-.02(2), 539-2-.03, & 539-2-.05	Fine of $200.00 per student enrolled
Where an appraiser engages in real estate appraisal activities in violation of 539-1-.08 beyond the month in which an appraisal classification lapses for non payment of renewal fees.	Fine of $200.00 per appraisal transaction
Where an approved school fails to have a student complete the required number of hours in any course or to complete all exercises and/or examinations required by the school. 539-2-.07	Fine of $500.00 or $100.00 per student, whichever is greater
Failure of an appraiser to notify the Board of a conviction or violation within ten days of the conclusion of court or administrative proceedings. 539-1-.09.	Fine of $200.00
Where an approved school allows a person who has not been approved by the Board as an instructor to instruct an approved course. 539-2-.06(3)	Fine of $300.00 per course
Where an appraiser has made a false statement of material fact on his or her application or caused to be submitted or been a party to preparing or submitting any falsified application to the Board on paper, electronically, or by any other means or media. 43-39A-4.1, 43-39A- 14(d), 539-2-.13(1), & 539-5-.05(1).	Fine of $400.00
Where the annual percentage of students passing the state appraisal examination from an approved school falls ten percentage points or more below the percentage of all examinees passing a state examination in any two consecutive calendar years. 539-2-.13(2)	Fine of $500.00

And such other violations and fines as the Board and the respondent parties agree upon.

(4) In lieu of imposing a citation upon an appraiser, the Board in its discretion may offer the appraiser the opportunity to consent to completing a course of study, to paying a fine, or some combination of these or other penalties.

(5) When the Board issues a citation on its own motion, the order in the citation shall become final when 30 days have passed since the date of service of the citation upon the appraiser either personally or by certified mail or statutory overnight delivery unless prior to that time:

(a) the appraiser and the Board have reached agreement on alternative terms; or

(b) the Board has requested a contested case hearing. When a citation becomes final, the appraiser named in the citation must meet any requirements contained in the order in the citation within 30 days of the effective date of that order unless the order prescribes a different timetable for completion of the requirements.

(6) Service of the final order in a citation shall be by personal delivery or by certified mail or statutory overnight delivery to the last address provided to the Board by the appraiser. Service upon an appraiser's attorney shall be deemed service upon the appraiser.

(7) After initiating a contested case action, the Board, in its discretion and with the consent of the appraiser, may elect to dismiss the contested case action and issue a citation.

(8) The Board may impose sanctions on the classification of an appraiser who fails to comply with the terms of a final order in a citation after giving notice to the appraiser and the opportunity for a hearing.

(9) In imposing sanctions on an appraiser's classification in a contested case, the Board shall not consider prior citations if the appraiser has fully complied with the terms of those citations.

Ga. Comp. R. & Regs. R. 539-1-.21

O.C.G.A. Secs. 43-39A-8, 43-39A-10, 43-39A-13, 43-39A-14, 43-39A-18, 43-39A-18.1

Original Rule entitled "Citations" adopted. F. July 22, 1999; eff. August 11, 1999.

Amended: F. Sept. 29, 2000; eff. Oct. 19, 2000.

Amended: F. July 27, 2001; eff. August 16, 2001.