Compilation of Rules and Regulations of the State of Georgia › Department 539 - RULES OF GEORGIA REAL ESTATE APPRAISERS BOARD › Chapter 539-1 - SUBSTANTIVE REGULATIONS › Rule 539-1-.21 - Citations

Current through Rules and Regulations filed through June 27, 2024
(1) Whenever the
			 Board determines from the evidence gathered in an investigation that an appraiser
			 has violated one or more of the provisions of O.C.G.A. Chapter 43-39A or the
			 rules and regulations adopted by the Board or a standard of conduct, the Board
			 may issue a citation to the appraiser in lieu of initiating the process for the
			 imposition of sanctions in accordance with the hearing procedures established for
			 contested cases by Chapter 13 of Title 50. A citation issued by the board may
			 include an order to complete a course of study in real estate appraisal or
			 instruction or to pay a fine not to exceed $1,000.00 for each violation with
			 fines for multiple violations limited to $5,000.00 in any one citation.
(2) The Board may elect to require successful
			 completion of approved continuing education courses in addition to or in lieu of
			 the financial penalties cited in paragraph (3) below.
(3) Violation of the following rules,
			 regulations, and standards of conduct may become the basis for the issuance of a
			 citation. While the Board may determine that circumstances warrant the imposition
			 of a lesser penalty, the monetary penalty prescribed is the maximum penalty for a
			 single violation of that rule, regulation, or standard of conduct. In the event
			 of any conflict between the description of a violation in the schedule below and
			 the language in the code section or rule, the language in the code section or
			 rule shall control.
Violations
Maximum Fine
per Violation
Where an examination of an approved school reveals a
							 violation of requirements set forth in
							  539-2-.03;
							  520-3-.03;
							  539-2-.04;
							  539-2-.06(1)  & (2);
							  539-2-.08;
							  539-2-.09;
							  539-2-.11;
							  539-2-.12;
							  539-2-.14; or
							  539-5-.04.
Fine of $100.00
Where an appraiser commits an error or omission in the
							 development or reporting of an appraisal which violates one or more of the
							 standards contained in Chapter 539-3 but which does not materially affect the
							 validity of the appraisal or the appraisal report.
Fine of $200.00
Failure of an appraiser to print or type the
							 appraiser's name, classification, and number assigned by the Board on any
							 advertisment, document or instrument used by the appraiser which bears reference
							 to the appraiser's classification. 43-39A-10 &
							  539-1-.17.
Fine of $200.00
Paying a finder's fee or a referral fee to a person who
							 is not an appraiser in connection with a real estate appraisal.
							 43-39A-18(a)(5)
Fine of $200.00
Where an approved school violates one or more of the
							 requirements set forth in
							  539-2-.14  in the development or offering
							 of independent study courses.
Fine of $200.00
Engaging in real estate appraisal activity under an
							 assumed or fictitious name not properly registered with the Secretary of State or
							 with a political subdivision of this state as a name or trade name. 43-
							 39A-18(a)(4)
Fine of $200.00
Where an appraiser utilizes in other than a ministerial
							 capacity, the services of a person who does not hold a current, active appraisal
							 classification in developing an appraisal, in preparing an appraisal report, or
							 in communicating an appraisal. 43-39A-18(a)(18)
Fine of $200.00
Failure of an appraiser to print or type adjacent to
							 his or her signature on an appraisal report or any other document or instrument
							 used by the appraiser which bears reference to the appraiser's classification
							 status and his or her signature, the appraiser's name, classification, and number
							 assigned by the Board. 43-39A-10 &
							  539-1-.17.
Fine of $200.00
Failure of an appraiser to retain for five years an
							 original or copy of each appraisal report prepared by or signed by the appraiser
							 along with all supporting data upon which the appraiser relied in developing the
							 appraisal and preparing the report. 43-39A-18(a)(12)
Fine of $200.00 per appraisal
Where an approved school offers a course without the
							 Board's prior approval if such prior approval is required. 43-39A-8(c),
							  539-2-.02(2),  539-2-.03, &
							  539-2-.05
Fine of $200.00 per student enrolled
Where an appraiser engages in real estate appraisal
							 activities in violation of
							  539-1-.08  beyond the month in which an
							 appraisal classification lapses for non payment of renewal fees.
Fine of $200.00 per appraisal transaction
Where an approved school fails to have a student
							 complete the required number of hours in any course or to complete all exercises
							 and/or examinations required by the school.
							  539-2-.07
Fine of $500.00 or
$100.00 per student, whichever is greater
Failure of an appraiser to notify the Board of a
							 conviction or violation within ten days of the conclusion of court or
							 administrative proceedings.
							  539-1-.09.
Fine of $200.00
Where an approved school allows a person who has not
							 been approved by the Board as an instructor to instruct an approved course.
							  539-2-.06(3)
Fine of $300.00 per course
Where an appraiser has made a false statement of
							 material fact on his or her application or caused to be submitted or been a party
							 to preparing or submitting any falsified application to the Board on paper,
							 electronically, or by any other means or media. 43-39A-4.1, 43-39A- 14(d),
							  539-2-.13(1), &
							  539-5-.05(1).
Fine of $400.00
Where the annual percentage of students passing the
							 state appraisal examination from an approved school falls ten percentage points
							 or more below the percentage of all examinees passing a state examination in any
							 two consecutive calendar years.
							  539-2-.13(2)
Fine of $500.00
And such other violations and fines as the Board and the
				respondent parties agree upon.
(4) In lieu of imposing a citation upon an
			 appraiser, the Board in its discretion may offer the appraiser the opportunity to
			 consent to completing a course of study, to paying a fine, or some combination of
			 these or other penalties.
(5) When
			 the Board issues a citation on its own motion, the order in the citation shall
			 become final when 30 days have passed since the date of service of the citation
			 upon the appraiser either personally or by certified mail or statutory overnight
			 delivery unless prior to that time:
(a) the
			 appraiser and the Board have reached agreement on alternative terms; or
(b) the Board has requested a contested case
			 hearing. When a citation becomes final, the appraiser named in the citation must
			 meet any requirements contained in the order in the citation within 30 days of
			 the effective date of that order unless the order prescribes a different
			 timetable for completion of the requirements.