Alabama Administrative Code › Title 780 - ALABAMA REAL ESTATE APPRAISERS BOARD › Chapter 780-X-14 - DISCIPLINARY ACTION › Section 780-X-14-.02 - Informal Disciplinary Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In the event a letter of complaint is
			 filed against a licensee, or the Board determines from other information that
			 an investigation is necessary, the procedure for investigation shall be as
			 follows:
(a) The Letter of Complaint or other
			 information will be reviewed by both the Board's attorney and the Board's
			 investigative staff. The Licensee may request and receive a copy of the
			 complaint along with the name of the individual who filed the complaint. No
			 information in the complaint will be redacted or removed from the complaint
			 prior to providing it to the Licensee.
(b) Following the initial review of the
			 letter of complaint, the Board's attorney, with the input and involvement of
			 the Board's investigative staff, will make a recommendation to the Board, as to
			 whether probable cause exists showing that there have been probable violations
			 of the Board rules and regulations. A majority of the Board members present
			 will vote whether to accept the staff's recommendation. In making this
			 determination, the Board will not have access to the name of the licensee in
			 question or the property address of the appraisal/appraisals that is the
			 subject of the complaint.
(c)
			 Following the Board's decision as to whether probable cause exists, the case
			 will either be dismissed, or further investigation will be recommended, or the
			 case may be set for a hearing. Where the investigation determines that the
			 complaint or other information may constitute a violation of the Board's rules
			 and/or statutes, the Board's attorney and/or the Board's investigative staff,
			 without prejudice to its authority to initiate formal action, may take such
			 action as necessary to contact the licensee, complainant, or any other parties,
			 in an effort to resolve and informally settle any dispute which may violate or
			 potentially violate the Board's rules and/or statutes. The Board may direct
			 counsel to apply the Voluntary Discipline Matrix published by the Appraisal
			 Subcommittee in forming an offer to resolve and informally settle a case. Such
			 action may include, but is not limited to, issuing a request to the licensee
			 that he or she do, or refrain from doing, such activities as the Board may
			 prescribe, and the entering of tentative settlement agreement(s) and/or
			 releases between the licensee, the Board and/or other parties setting out the
			 terms of any resolution and settlement of violation(s) or potential
			 violation(s).
(d) Should the
			 Board's attorney enter into a tentative settlement agreement with the licensee
			 a summary of this settlement agreement will be presented to the Board. The
			 summary will exclude the licensee's name or other identifying information. The
			 Board, by the vote of a majority of those present may accept the settlement
			 agreement, reject the settlement agreement or change the terms of the
			 agreement. Should the terms of the agreement be changed, the Board's attorney
			 will have the authority to settle the case in the manner instructed by the
			 Board. All settlement agreements are subjected to Board approval.