Iowa Administrative Code › Agency 193F - Real Estate Appraiser Examining Board › Chapter 6 - Disciplinary Actions Against Certified and Associate Appraisers › Rule 193F-6.6 - Work Product Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An applicant
			 shall submit a complete appraisal log at the time of application for
			 examination and work product review. Three appraisal reports will be selected
			 to demonstrate a diversity of experience and approaches to value over various
			 time frames for work product review. The applicant shall submit, both
			 electronically and on paper, one copy of each report and work file for each of
			 the selected appraisals along with the appropriate form and fee. The work
			 product submission shall not be redacted by the applicant; however, the
			 applicant may request the reports remain confidential as specified in subrule
			 6.6(2). The fee for work product review of the appraisals is provided in
			 193F-Chapter 12. Appraisals may be selected at random from the entire log or
			 within certain types of appraisals. The board reserves the right to request one
			 or more additional appraisals if those submitted by the applicant raise issues
			 concerning the applicant's competency or compliance with applicable appraisal
			 standards or the degree to which the submitted appraisals are representative of
			 the applicant's work product. Such additional appraisals may be selected at
			 random from the applicant's log or may be selected specifically to provide an
			 example of the applicant's work product regarding a particular type of
			 appraisal.
(2) The board shall
			 treat all appraisals received as public records unless the applicant notifies
			 the board at the time of submission that a submitted appraisal is subject to
			 the confidentiality provisions of appraisal standards or is otherwise
			 confidential under state or federal law. While applicants are encouraged to
			 submit appraisals actually performed for clients, applicants may submit one or
			 more demonstration appraisals if the appraisals are prepared based on factual
			 information in the same manner as applicable to actual appraisal assignments
			 and are clearly marked as demonstration appraisals. Experience gained for work
			 without a traditional client (i.e., a client hiring an appraiser for a business
			 purpose), for example a demonstration appraisal, cannot exceed 50 percent of
			 the total experience requirement.
(3) An applicant seeking original or upgrade
			 certification as a certified general real property appraiser shall submit one
			 residential appraisal and two nonresidential appraisals for review.
(4) The board will submit the appraisals to a
			 peer review consultant for an opinion on the appraiser's compliance with
			 applicable appraisal standards.
(5)
			 The work product review process is not intended as an endorsement of an
			 applicant's work product. No applicant or appraiser shall represent the results
			 of work product review in communications with a client or in marketing to
			 potential clients in a manner which falsely portrays the board's work product
			 review as an endorsement of the appraiser or the appraiser's work product.
			 Failure to comply with this prohibition may be grounds for discipline as a
			 practice harmful or detrimental to the public.
(6) The board views work product review, in
			 part, as an educational process. While the board may deny an application based
			 on an applicant's failure to adhere to appraisal standards or otherwise
			 demonstrate a level of competency upon which the public interest can be
			 protected, the board will attempt to work with applicants deemed in need of
			 assistance to arrive at a mutually agreeable remedial plan. A remedial plan may
			 include additional education, desk review, a mentoring program, or additional
			 precertification experience.
(7) An
			 applicant who is denied certification based on the work product review
			 described in this rule, or on any other ground, shall be entitled to a
			 contested case hearing as provided in rule
			 193F-20.39 (546,543D,272C).
			 Notice of denial shall specify the grounds for denial, which may include any of
			 the work performance-related grounds for discipline against a certified
			 appraiser.
(8) If probable cause
			 exists, the board may open a disciplinary investigation based on the work
			 product review of an applicant. A potential disciplinary action could arise,
			 for example, if the applicant is a certified residential real property
			 appraiser seeking an upgrade to a certified general real property appraiser, or
			 where the applicant is uncertified and is working under the supervision of a
			 certified real property appraiser who cosigned the appraisal report.
(9) After accumulating a minimum of 500 hours
			 of appraisal experience, an applicant may voluntarily submit work product to
			 the board to be reviewed by a peer reviewer for educational purposes only. A
			 maximum of three reports may be submitted for review during the experience
			 portion of the certification process. Work product submitted for educational
			 purposes only will not result in disciplinary action on either the associate
			 appraiser or the associate appraiser's supervisor so long as the appraisal
			 review did not reveal negligent or egregious errors or omissions. The fee for
			 voluntary submissions of work product for review is provided in 193F-Chapter
			 12.
(10) The board will retain the
			 appraisals for as long as needed as documentation of the board's actions for
			 the Appraisal Subcommittee or as needed in a pending proceeding involving the
			 work product of the applicant or the applicant's supervisor. When no longer
			 needed for such purposes, the work product may be retained or destroyed at the
			 board's discretion.