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November 26, 2012

James R. Park

Executive Director, Appraisal Subcommittee

1401 H Street, NW

Suite 760

Washington, DC 20005

RE: Public Comment on proposed revisions to ASC Policy Statements

Dear Mr. Park:

On behalf of the Ohio Division of Real Estate & Professional Licensing, thank you for the 

opportunity to share our comments on the proposed revisions to the ASC Policy Statements 

with the Subcommittee. The following are comments we wish the ASC to consider before 

adopting the Policy Statements as published in the Federal Register:

Policy Statement #1. I – ASC Staff Attendance at State Board Meetings

In policy statement 1, we agree with the proposal that ASC staff should not attend 

State board deliberations for quasi-judicial proceedings. However, we request that the 

proposal be expanded to also exclude ASC staff attendance any time the Board is authorized 

by state law to go into closed or private session. Permitting ASC staff to be present in a 

private session when the Board is receiving legal advice from its counsel would compromise 

its attorney-client privilege. Similarly, discussing personnel matters that do not have bearing 

on the operation of the State’s program and other issues privileged under Ohio’s Open 

Meetings Act with ASC staff in attendance would cause compliance problems for the Board 

regarding our public meetings regulation.

Policy Statement #7. B – ASC Staff Attendance at State Board Meetings

In policy statement 7.B.1, we encourage the ASC to consider the complexity of the appraisal 

that is the subject of a complaint in determining the length of time permitted for 

administrative disposition of a case. Specifically, as jurisdictions begin to receive more 

complaints on commercial/industrial appraisals the time involved in adequately investigating 

and adjudicating the case is more likely to be past the twelve (12) months currently allowed. 

Our recommendation would be that with proper documentation substantiating the need, 

commercial/industrial cases be set for 18 months to final disposition.
Page 3 – ASC Preliminary Review of Ohio’s Appraiser Regulatory Program

With regard to statement 7.B.2, the Division would object to any statement which eliminates

the use of any statute of limitation for dismissing complaints. Statutes of limitation are well 

established in law; are permitted in criminal and civil cases; and serve a legitimate 

purpose. Administrative law is no different - witnesses become more difficult to find, 

memories fade, and data becomes more limited. Appraisers have a record keeping 

requirement in USPAP and that requirement has been incorporated into Ohio 

law. Appraisers regularly rely on these provisions. There would be serious due process 

issues for the jurisdictions if they are required to prosecute an appraiser who has properly 

destroyed a workfile in accordance with USPAP and state law.

Policy Statement #8. B – ASC Staff Attendance at State Board Meetings

In policy statement 8.B, we object to the statement regarding the removal of a State licensed 

or certified appraiser from the National Registry on an interim basis. Ultimately, this 

provision is confusing: does the possible interim sanction result only from a jurisdiction’s 

“Poor” rating, or, as it currently reads, may the ASC impose an interim sanction on an 

individual appraiser for that credential holder’s own actions?

The statement does not address the method by or for what reasons an appraiser may be 

removed from the National Registry. The statement also fails to take into account what 

effect this action may have on the State’s ability to issue its sanctions permitted under state 

law. Arguably, the appraiser in question could be sanctioned at two different points in time 

for the same action. As a result, any State action may be diminished or eliminated based 

upon the argument that the appraiser has already been sanctioned for the same 

misconduct. Lastly, the statement does not address when the removal of the State licensed 

or certified appraiser from the National Registry can occur. This raises significant due 

process issues for the appraiser as the State has the burden of proof to show there is 

sufficient evidence of a violation license law which may only then trigger, among other 

sanctions, a suspension.

Thank you for the opportunity to provide our comments on the proposed changes to the 

Policy Statements and for the continued cooperative spirit employed by the ASC and its staff.

Sincerely,

Anne M. Petit

Superintendent

Cc: David Goodman, Director, Ohio Department of Commerce

 Richard Hoffman, Chairman, Ohio Real Estate Appraiser Board