(a) Appraisers. In addition to the statutory grounds for disciplinary action against an appraiser (W.S. § 33-39-123 ), the Board may deny a permit or impose any disciplinary action authorized by W.S. § 33-39-123(a) or combination thereof for any of the following: - (i) An act or omission involving dishonesty, fraud or misrepresentation;
- (ii) Failure or refusal, without good cause, to exercise reasonable diligence in developing an appraisal, preparing an appraisal report or communicating an appraisal; or
- (iii) Failure to notify the Board of a change of address within thirty (30) days.
- (iv) Appraising a property type that is outside the scope of a Certified Residential Permit. However, appraisers holding a Certified Residential Permit may obtain the experience necessary to upgrade to a Certified General Permit by appraising properties outside the allowed scope of a Certified Residential Permit by associating with an appraiser holding a Wyoming Certified General Permit, provided that:
- (A) The appraiser holding the Certified General Permit shall review, sign, and accept responsibility for the appraisal and report, and
- (B) The report shall fully disclose each appraiser's role in the appraisal and reporting process, and
- (C) The Certified Residential Permit holder shall not make any representations regarding the value analysis to a third party.
- (v) Failure to produce documents and records concerning an appraisal under investigation by the Board.
- (vi) Failure to appear and to testify under oath at a hearing held by the Board.
- (vii) Failure to pay a fine imposed pursuant to W.S. 33-39-123 within thirty (30) days of the date of the Order.
- (viii) In addition to noncompliance with standards prescribed by USPAP, as adopted by the Board, any failure to conform to the conduct prescribed by or requirements contained in the Ethics Rule, the Competency Rule, the Scope of Work Rule and the Jurisdictional Exception Rule of USPAP shall constitute a separate ground for discipline under these rules.
- (ix) Violation of any provision of W.S. 33-39-101 through 33-39-130, Board Rules and Regulations, or USPAP.
- (x) Failure to complete one seven (7) hour national USPAP update course during the period of time when that USPAP course was adopted and in effect.
(b) A summary of all final discipline, whether imposed by settlement or following a contested case hearing, will be published in the Real Estate Review, posted on the Board website, and such information as is mandated by federal law for various purposes, including such information that may be subject to a national clearinghouse maintained by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, and in furtherance of Title XI of the Federal Financial Institutions Examination Act ("FIRREA") Real Estate Appraisal Reform [ 12 U.S.C. §§ 3331-3351 ], as amended by the Dodd-Frank Reform Act will be reported.
(c) The Board retains jurisdiction over persons issued a permit pursuant to the Act and these rules, regardless of whether the permit expired, lapsed or was relinquished during or after the alleged occurrence of conduct proscribed by the Act or these rules. - (i) The applicant has had an appraiser license or certification revoked in any governmental jurisdiction within the five (5) year period immediately preceding the date of application;
- (ii) The applicant has been convicted of, or pled guilty or nolo contendere to, a felony in a domestic or foreign court:
- (A) During the five (5) year period immediately preceding the date of the application for licensing or certification; or
- (B) At any time preceding the date of application, if such felony involved an act of fraud, dishonesty, or a breach of trust, or money laundering;
- (iii) The applicant has failed to demonstrate character and general fitness such as to command the confidence of the community and to warrant a determination that the appraiser will operate honestly, fairly, and efficiently within the purposes of these criteria.
(d) AMCs. The Board may impose any disciplinary action authorized by W.S. § 33-39-224 for any violation of W.S. §§ 33-39-202 through 33-39-225 by an AMC, its representatives or employees.
018-1 Wyo. Code R. § 1-15