Section 298-8-002 - VIOLATION OF REAL PROPERTY APPRAISER ACT002.01 Any person in the State of Nebraska is subject to the procedures established by this Chapter for any alleged violations of the 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 Act or by other law.002.02 If technical assistance is required to assist with the investigation and/or hearing, the Board may contract with or use a qualified person. A member of the Board may participate in the investigation; however, no board member may vote on any matter in which he or she is appointed by his or her fellow board members to participate in an investigation. Any person in contract with the Board to provide technical assistance for an investigation reports his or her findings to the Board's investigator as requested.002.03 Upon receipt of a grievance not filed by the Board, the following steps are generally followed:002.03A If applicable, the aggrieved person will be 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.002.03B The person against whom the grievance is filed will be notified in writing of the grievance and the allegations, and may be requested to:002.03B.1 Submit true copies of report(s) and workfile(s), within an appropriate period of time as determined by the investigator; and/or002.03B.2 Answer the allegations in writing, electronically, or verbally as determined by the investigator.002.03C The Board's investigator evaluates the grievance, along with any information obtained pursuant to Section 002.03B of this Chapter, to determine jurisdiction and make a preliminary determination as to whether any violations of the 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.002.03D 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. 002.03D.1 If the Board determines that the allegations(s) should be investigated, the person under investigation will be notified of the investigation and any alleged violations of the Act or this Title in writing; or002.03D.2 If the Board determines that the allegation(s) should be dismissed, the person under investigation will be notified of dismissal in writing.002.04 For a grievance filed by the Board, the following steps are generally followed: 002.04A The person against whom the Board is considering filing a grievance will be notified in writing of the Board's concerns, and may be requested to submit true copies of report(s) and workfile(s), along with other information, within an appropriate period of time as determined by the investigator.002.04B The Board's investigator evaluates the matter, along with any information obtained pursuant to Section 002.04A of this Chapter, to determine jurisdiction and make a preliminary determination as to whether any violations of the 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.002.04C The Board reviews the evidence provided by the investigator and determines whether the matter should be investigated.002.04C.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 Act or this Title in writing; or002.04C.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.002.05 If the Board determines to proceed with an investigation, the following steps are generally followed: 002.05A In conducting an investigation, and prior to filing a formal complaint on the grievance, the person who is under investigation may be requested to:002.05A.1 Submit additional documentation within an appropriate period of time as determined by the investigator; and/or002.05A.2 Provide a response to the results of one or more technical reviews, and/or provide any other information concerning the investigation, in writing, electronically, or verbally as determined by the investigator.002.05B In conducting an investigation, the aggrieved person may be requested to: 002.05B.1 Submit documentation and other information as requested;002.05B.2 Respond to any request for information in writing, electronically, or verbally as determined by the investigator; and/or,002.05B.3 Discuss the allegations with the investigator.002.05C 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.002.05D 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:002.05D.1 In the case of a credential holder, file a formal complaint.002.05D.2 In the case of a person not holding a credential under the Act, issue a cease and desist order or refer the investigation to the appropriate county attorney for the consideration of formal charges.002.05E The Board may offer the person an opportunity to informally discuss the alleged violation(s) before the Board or with representative(s) of the Board, request further investigation, dismiss the allegation(s), or: 002.05E.1 In the case of a credential holder, file a formal complaint.002.05E.2 In the case of a person not holding a credential under the Act, issue a cease and desist order or refer the investigation to the appropriate county attorney for the consideration of formal charges.002.05F If the investigation reveals that there is not good cause to believe that the person under investigation has violated the 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, or cease and desist order issued by the Board. Upon dismissal, the Board may issue an advisory opinion, recommend a specific education activity, request to meet with the person under investigation to discuss the matter, or make any other recommendation that the Board deems beneficial to the person under investigation.002.05G If the investigation discloses evidence that the actions of the person under investigation constitute a violation of the Act or this Title:002.05G.1 A formal complaint is prepared by the Board and served upon the credential holder under investigation.002.05G.2 A cease and desist order may be prepared by the Board and served upon the non-credential holder under investigation.002.06 The Board may enter into a consent agreement or negotiated settlement at any time during an investigation, any time before a cease and desist order is issued in the case of a person not holding a credential under the Act, or any time after filing a formal complaint for any person credentialed under the Act. Voluntary surrender or nonrenewal of a credential or education activity to avoid or expedite enforcement or disciplinary action does not preclude any enforcement action or sanction for any alleged violation. In addition, voluntary surrender or nonrenewal of a credential will prohibit the credential holder from applying for subsequent reinstatement or credentialing.002.07 Disciplinary action taken by the Board may include but is not limited to:(1) Revocation of a credential or education activity,(2) Suspension of a credential or education activity,(3) Denial of any application,(11) Real property appraisal practice experience,(12) Limit or limitations on a credential holder or applicant, and/or upon the right to engage in real property appraisal practice and trainee real property appraiser supervision,(13) Cease and desist order, and(14) Costs associated with investigation.002.08 Pursuant to NEB. REV. STAT. § 76-2248.01, 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 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 Act or this Title.002.09Supervisory Real Property Appraiser002.09A If any report submitted to the Board by a trainee real property appraiser for verification of experience as an applicant for credentialing is found to contain Uniform Standard of Professional Appraisal Practice deficiencies, the supervisory real property appraiser is notified of the Board's concerns, and is provided a redacted copy of any technical review of the subject report completed at the request of the Board.002.09B The supervisory real property appraiser may be requested to: 002.09B.1 Submit documentation, including but not limited to, report(s) and workfile(s);002.09B.2 Answer the results of a technical review in writing; and/or002.09B.3 Voluntarily and informally discuss the results of a technical review with one or more board members.002.09C If the Board finds that there is not good cause to believe that the supervisory real property appraiser has violated the Act or the Rules and Regulations promulgated by the Board, no consideration will be given to the certified real property appraiser's future activity as a supervisory real property appraiser.002.09D If the Board finds a probability that the actions of the supervisory real property appraiser constitute a violation of the Act or the Rules and Regulations, a written advisement may be issued, which may or may not include a recommendation for the supervisory real property appraiser to take additional action; or the Board may upon its own motion cause an investigation to be made. If the Board determines to proceed with an investigation, the steps in Section 002.05 of this Chapter are generally followed.002.10Education Provider002.10A If the actions of an education provider constitute an alleged violation of the Act or this Title, the education provider is notified of the Board's concerns in writing.002.10B The education provider may be requested to answer the allegations in writing, submit documentation as requested, and/or voluntarily and informally discuss the alleged violations with the Board or its investigator.002.10C If the Board finds that there is not good cause to believe that the education provider has violated the Act or this Title, the education provider will be notified in writing, which may or may not include advisement.002.10D If the Board finds a probability that the actions of the education provider constitute a violation of the Act or this Title, the Board may upon its own motion, cause an investigation to be made. If the Board determines to proceed with an investigation, the steps in Section 002.05 of this Chapter are generally followed. If applicable, the education provider is notified of the Board's intent to rescind approval of an activity and any actions that may mitigate the Board's concerns.298 Neb. Admin. Code, ch. 8, § 002
Amended effective 4/10/2019Amended effective 12/21/2021Amended effective 6/5/2023