2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 23R - Appraisal Management Company Regulation › § 31–2361.10. Prohibited conduct

§ 31–2361.10. Prohibited conduct.
A violation of this section may constitute grounds for discipline against an appraisal management company registered in the District. However, nothing in this chapter shall prevent an appraisal management company from requesting that an appraiser provide additional information about the basis for a valuation, correct objective factual errors in an appraisal report, or consider additional appropriate property information. No employee, director, officer, agent, independent contractor, or other third party acting on behalf of an appraisal management company may do any of the following:
(1) Procure or attempt to procure a registration or renewal by knowingly making a false statement, submitting false information, or refusing to provide complete information in response to a question in an application for registration or renewal;
(2) Willfully violate this chapter or rules of the Department pertaining to this chapter;
(3) Improperly influence or attempt to improperly influence the development, reporting, result, or review of an appraisal through intimidation, coercion, extortion, bribery, or any other manner, including:
(A) Withholding payment for appraisal services;
(B) Threatening to exclude an appraiser from future work or threatening to demote or terminate the appraiser in order to improperly obtain a desired result;
(C) Conditioning payment of an appraisal fee upon the opinion, conclusion, or valuation to be reached by the appraiser; or
(D) Requesting that an appraiser report a predetermined opinion, conclusion, or valuation, or the desired valuation of any person or entity;
(4) Alter, amend, or change an appraisal report submitted by an appraiser without the appraiser's knowledge and written consent;
(5) Except within the first 90 days after an independent appraiser is added to an appraiser panel, remove an independent appraiser from an appraiser panel without prior written notice to the appraiser, with the prior written notice including evidence of the following, if applicable:
(A) The appraiser's illegal conduct;
(B) A violation of USPAP, this chapter, or the rules adopted by the Department pursuant to this chapter;
(C) Improper or unprofessional conduct; or
(D) Substandard performance or other substantive deficiencies;
(6) Require an appraiser to sign any indemnification agreement that would require the appraiser to defend and hold harmless the appraisal management company or any of its agents or employees for any liability, damage, loss, or claim arising out of the services performed by the appraisal management company or its agents, employees, or independent contractors and not the services performed by the appraiser;
(7) Prohibit lawful communications between the appraiser and any other person whom the appraiser, in the appraiser's professional judgment, believes possesses information that would be relevant;
(8) Fail to timely respond to any subpoena or any other request for information;
(9) Fail to timely obey an administrative order of the Department; or
(10) Fail to fully cooperate in any investigation.
(Mar. 16, 2021, D.C. Law 23-206, § 110, 68 DCR 00057.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 110 of Appraisal Management Company Regulation Emergency Act of 2019 (D.C. Act 23-110, July 31, 2019, 66 DCR 178).
Temporary Legislation
For temporary (225 days) creation of this section, see § 110 of Appraisal Management Company Regulation Temporary Act of 2020 (D.C. Law 23-140, Oct. 20, 2020, 67 DCR 9891).