Nev. Admin. Code § 361.573

Current through June 11, 2024
Section 361.573 - Revocation and reinstatement of appraiser's certificate; reapplication after revocation
1. The Department may, upon the recommendation of the Board, revoke the appraiser's certificate of a person under any of the following circumstances:
(a) The person fails to satisfy the requirements for continuing education set forth in this chapter and NRS 361.223. The Department may, upon the recommendation of the Board, reinstate the appraiser's certificate if the person subsequently satisfies the requirements for continuing education and passes the appraiser's certificate examination.
(b) The person is an independent contractor and the person fails to renew his or her appraiser's certificate annually as required by this chapter. The Department may, upon the recommendation of the Board, reinstate the appraiser's certificate if the person subsequently satisfies the requirements for renewing his or her appraiser's certificate and passes the appraiser's certificate examination.
(c) The person's appraiser's certificate has been suspended for a period of more than 1 year. The Department may, upon the recommendation of the Board, reinstate the appraiser's certificate if the person passes the appraiser's certificate examination.
(d) The person engages in unethical professional conduct, including, without limitation:
(1) Making oral or written public statements in the course of performing duties as an appraiser that are untrue or intended to mislead or deceive the public.
(2) Engaging in activities relating to the appraisal or assessment of property if the person has, or may reasonably be considered by the public as having, a conflict of interest with regard to that property.
(3) Accepting assignments relating to the appraisal or assessment of property which are contingent on or influenced by any condition that could impair the objectivity of the person.
(4) Failing to perform the duties of an appraiser in accordance with applicable statutes and regulations.
2. If the appraiser's certificate of a person is revoked pursuant to paragraph (d) of subsection 1:
(a) The Department will not accept or review an application for an appraiser's certificate from that person within 3 years after the date of the revocation.
(b) If the person files an application for an appraiser's certificate after the expiration of the 3-year period, the applicant must:
(1) Provide the Department with the resume of the applicant which documents his or her education, his or her experience as an appraiser and any professional designations or certificates he or she holds, and which contains the names of at least two personal references. The Department may investigate the truthfulness of the information and representations set forth in the resume.
(2) Pass the appraiser's certificate examination.
(c) The Board may recommend that the application for an appraiser's certificate filed by the person pursuant to paragraph (b) be approved if the Board finds that the person has satisfied the requirements of paragraph (b) and that the person has not engaged in unethical professional conduct as described in paragraph (d) of subsection 1 at any time since the revocation of his or her appraiser's certificate.
3. The Board may not recommend the revocation of an appraiser's certificate except after a meeting noticed in accordance with NRS 241.034.
4. A person whose appraiser's certificate is revoked by the Department shall not render an opinion concerning the value of property but may collect data for use by certified appraisers to establish value.

Nev. Admin. Code § 361.573

Added to NAC by Tax Comm'n by R028-03, eff. 12-4-2003

NRS 360.090, 361.221, 361.224