50 Ind. Admin. Code 15-4-2

Current through November 6, 2024

Section 50 IAC 15-4-2 - Revocation of certification

Authority: IC 6-1.1-31-1; IC 6-1.1-31.7-3

Affected: IC 6-1.1-31.7-4

Sec. 2.

(a) In addition to the grounds listed in IC 6-1.1-31.7-4, the following are grounds on which the department may revoke a certification issued to a firm or appraiser under section 1 of this rule:

(1) Knowingly misrepresenting any information or acting in a fraudulent manner.

(2) Knowingly holding oneself out as representing an entity in a property assessment appeal without authorization from the entity.

(3) Knowingly submitting false or erroneous information in a property assessment appeal.

(4) Acting with gross incompetence.

(5) Knowingly violating any rule applicable to certification or practice before the department or the property tax assessment board of appeals.

With respect to the ground described in IC 6-1.1-31.7-4(a)(1), the department may revoke a certification if the appraiser applicant provided false information knowingly.

(b) If the commissioner determines that a violation of subsection (a) has occurred, the commissioner may take any of the following remedies with respect to the firm or appraiser:

(1) Decline to issue any sanction.

(2) Issue a written reprimand admonishing the firm or appraiser for the violation.

(3) Suspend the firm's or appraiser's certification for a period of up to one (1) year, at the conclusion of which the certification shall be automatically reinstated, provided that the firm or appraiser meets the department's minimum requirements for certification.

(4) Revoke the firm's or appraiser's certification.

(c) In determining which of the remedies provided in subsection (b) to take, the commissioner may request documents, statements, or information from the firm, appraiser, or any other entity.

(d) The commissioner's determination as to which of the actions under subsection (b) to take regarding the firm's or appraiser's certification shall be based on the following factors:

(1) The seriousness of the violation.

(2) Whether the violation is likely to recur.

(3) The firm's or appraiser's character, including remorse, if any.

(4) Whether the firm's or appraiser's continued certification would pose an undue risk to the public.

50 IAC 15-4-2

Department of Local Government Finance; 50 IAC 15-4-2; Filed 7/11/2016, 3:36 p.m.: 20160810-IR-050150165FRA

Filed 11/2/2020, 9:34 a.m.: 20201202-IR-050190636FRA