reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-7 - Subpoenas and subpoenas duces tecum

Current through Vol. 41, No. 20, July 1, 2024
(a) In all cases where a party desires to have subpoenas or subpoenas duces tecum issued to compel the attendance of witnesses, or production of documents, a written request shall be made by such party or his attorney, and directed to the Director or the Director's designee. The request shall specify the witness by name and address; and also identify any documents to be subpoenaed. The request shall acknowledge that any expense associated with the subpoena process shall be paid by the party requesting the subpoena, including travel expense and daily attendance fees, in the amount as set by statute for other civil matters, at the time of the service of such subpoena.
(b) The Department will cause subpoenas to be issued and mailed in conformity with said written requests; provided, that in said subpoena the witnesses names therein shall be advised that they may demand their travel fees and daily attendance fees from the party, or his representative, that neither the Board nor the State of Oklahoma will be responsible for any traveling fees, daily attendance fees, or other expenses incurred by such witness in attending any hearing before the Panel or Board.
(c) All requests for subpoenas and subpoenas duces tecum must be received by the Director or the Director's designee, by mail or otherwise, no later than ten (10) days prior to the date of the hearing at which the presence of any such witness or documents would be required.
(d) A party requesting issuance of subpoenas and subpoenas duces tecum shall be responsible for obtaining service and for the cost of that service.
Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Amended at 10 Ok Reg 1545, eff 5-1-93; Amended at 12 Ok Reg 1811, eff 7-1-95; Amended at 19 Ok Reg 1493, eff 7-14-02
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-8 - Public hearings

Current through Vol. 41, No. 20, July 1, 2024
All hearings shall be open to the public. Witnesses may be excluded upon proper invocation of the witness exclusion rule by either party or by the Panel.
Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-9 - Burden of proof; standard of proof

Current through Vol. 41, No. 20, July 1, 2024
(a) The burden of proof shall be on the Board in all hearings.
(b) The standard of proof applicable shall be by clear and convincing evidence.
Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Amended at 10 Ok Reg 1545, eff 5-1-93; Amended at 14 Ok Reg 3030, eff 7-14-97
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-10 - Right to counsel

Current through Vol. 41, No. 20, July 1, 2024
(a) At all times during a disciplinary proceeding any party shall have the right to counsel provided that such counsel must be duly licensed to practice law by the Supreme Court of Oklahoma, and provided further that such counsel shall have the right to appear and act for and on behalf of the party he represents.
(b) In order to be recognized as counsel for respondent, such counsel shall file a written entry of appearance with the Director.
Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Amended at 19 Ok Reg 1493, eff 7-14-02
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-11 - Rules of evidence

Current through Vol. 41, No. 20, July 1, 2024
(a) The Panel may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent people in the conduct of their affairs.
(1) The panel shall give effect to the rules of privilege recognized by law in respect to:
(A) self-incrimination;
(B) confidential communications between husband and wife during the subsistence of the marriage relation;
(C) communication between attorney and client, made in that relation;
(D) confessions made to a clergyman or priest in his professional capacity in the course of discipline enjoined by the church to which he belongs;
(E) communications made by a patient to a licensed practitioner of one of the healing arts with reference to any physical or supposed physical disease or of knowledge gained by such practitioner through a physical examination of a patient in a professional capacity;
(F) records and files of any official or agency of any state or of the United States which, by any statute of such state or of the United States are made confidential and privileged.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-12 - Failure to appear

Current through Vol. 41, No. 20, July 1, 2024
If either the Respondent or the Board fails or refuses to appear without good cause, the Panel may, if no continuance is granted, either enter a default decision or proceed with the formal hearing and determine the matter in the absence of the party.
(1) Default decision.
(A) Any party may move for default against a party who has failed to appear after proper service.
(B) As a consequence of the default, the allegations against a non-appearing Respondent may be deemed admitted and an appropriate sanction recommended, within the Panel's discretion. If the non-appearing Party is the Board, the Panel may recommend that the complaint be dismissed with prejudice.
(C) A motion to vacate a default decision may be filed with the Board along with or in lieu of a request for oral argument before the Board within the time period specified for requests for oral argument in Board Rule 600:15-1-17.
(D) Timely filed motions to vacate shall be granted only for good cause shown. The burden of proof is on the moving party.
(E) "Good cause" for the purpose of this rule means lack of notice in accordance with the Administrative Procedures Act, the Oklahoma Certified Real Estate Appraisers Act, or the rules promulgated pursuant thereto, excusable neglect or unavoidable casualty.
(F) A decision by the Board denying a motion to vacate and the Board's ground(s) therefor shall be included with its final order on the merits issued in accordance with 600:15-1-17 and is subject to review in accordance with the Administrative Procedures Act and Oklahoma Certified Real Estate Appraisers Act and the rules promulgated pursuant thereto.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-13 - Decision of hearing panel

Current through Vol. 41, No. 20, July 1, 2024
A decision of any two (2) of the three (3) hearing panel members shall be sufficient for making rulings or disciplinary recommendations to the Board. All such rulings by the hearing panel with respect to admission of evidence or on objections brought by any party before or during a disciplinary hearing shall be final.
Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Amended at 10 Ok Reg 1545, eff 5-1-93; Amended at 19 Ok Reg 1493, eff 7-14-02
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-14 - Disciplinary alternatives

Current through Vol. 41, No. 20, July 1, 2024
(a) The Panel may make any of the following disciplinary recommendations with respect to a Trainee, State Licensed, State Certified Residential or State Certified General Appraiser:
(1) Revocation of the certificate with or without the right to reapply;
(2) Suspension of the certificate for a period not to exceed five (5) years;
(3) Probation, for a period of time and under such terms and conditions as deemed appropriate by the Board;
(4) Stipulations, limitations, restrictions, and conditions relating to practice;
(5) Censure, including specific redress, if appropriate;
(6) Reprimand;
(7) Satisfactory completion of an educational program or programs;
(8) Administrative fines as authorized by the Oklahoma Certified Real Estate Appraisers Act;
(9) Payment of costs expended by the Board for any legal fees and costs and probation and monitoring fees including, but not limited to, staff time, salary and travel expense, witness fees and attorney fees;
(10) Recommend a dismissal of the complaint.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-15 - Conditions during suspension

Current through Vol. 41, No. 20, July 1, 2024
When the Board orders the suspension of a Trainee, State Licensed, State Certified Residential or State Certified General Appraiser, the suspended appraiser shall not be identified as a Trainee, State Licensed, State Certified Residential or State Certified General Appraiser. All reference to certification/licensure must be immediately removed from all letterheads, business cards, appraisal report covers and other printed materials under the reasonable control of the appraiser.
Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Amended at 10 Ok Reg 1545, eff 5-1-93; Amended at 19 Ok Reg 1493, eff 7-14-02
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-16 - Proposed findings of fact, conclusions of law and disciplinary recommendations

Current through Vol. 41, No. 20, July 1, 2024
(a) When the record is closed and submitted for a proposed decision, the Panel will issue proposed Findings of Fact, Conclusions of Law and Disciplinary Recommendations to the Board for its consideration and final order. Interested parties will receive copies of the Panel's proposed decision by certified mail. The Findings of Fact, Conclusions of Law and Disciplinary Recommendations will include a statement of facts, the issues and contentions, conclusions based on the findings of fact and applicable law, and recommendation to the Board for issuance of the final order.
(b) Upon request of the parties, the Panel may permit the parties to submit proposed Findings of Fact, Conclusions of Law and Disciplinary Recommendations which may be adopted by the Panel.
Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Amended at 19 Ok Reg 1493, eff 7-14-02
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-17 - Oral argument before the Board

Current through Vol. 41, No. 20, July 1, 2024
(a) Within fifteen (15) days following mailing of the Proposed Findings of Fact, Conclusions of Law and Recommendations of the Panel, the aggrieved party may file an application for oral argument before the Board. Oral argument shall be limited to the Recommended Discipline of the Hearing Panel.
(b) If such application for oral argument is received, the Director shall set a date, time and place for the hearing and notice shall be given to each side by certified mail no less than thirty (30) days prior to the hearing. Respondent's typewritten brief shall be submitted to the Board no less than twenty (20) days prior to such hearing. Petitioner's typewritten brief shall be submitted to the Board no less than ten (10) days prior to the hearing. Deadlines may be extended by the Director upon good cause shown. If the respondent fails to apply for oral argument or file a brief in a timely manner, the Board may consider respondent to have waived the opportunity for oral argument. Time limits for oral arguments will be set by the Board at the time of the hearing.
(c) The Board will issue the final order in each case whether or not application for oral argument is made. The Board may, in its discretion, vacate, modify, or affirm, in part or whole, the proposed decision of the Panel.
(d) In the event no request for oral argument is made by the Respondent within the fifteen (15) day period, a final order consistent with the Panel's findings, conclusions and recommendations shall be presented to the Board for approval, or in its discretion, vacation or modification; and following approval, copies will be mailed to the Respondent. The Board may, on its own motion, require oral argument before the Board.
Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Amended at 10 Ok Reg 1545, eff 5-1-93; Amended at 12 Ok Reg 1811, eff 7-1-95; Amended at 19 Ok Reg 1493, eff 7-14-02
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-18 - Rehearing, reopening or reconsideration of Board decision

Current through Vol. 41, No. 20, July 1, 2024
(a) An order issued by the Board shall be subject to rehearing, reopening or reconsideration by the Board within ten (10) days of the date of its entry. The grounds for such action shall be either:
(1) newly discovered or newly available evidence, relevant to the issues;
(2) need for additional evidence adequately to develop the facts essential for a proper decision;
(3) probable error committed by the Panel or Board in the proceeding or in its decision that would be grounds for reversal on judicial review of the order;
(4) need for further consideration of the issues and the evidence in the public interest; or
(5) a showing that issues not previously considered should be examined in order to properly dispose of the matter.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-19 - Record of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) A record by means of electronic recording of the hearing will be made of all disciplinary hearings.
(b) A person affected by the hearing may cause, at such person's expense, a transcript of the proceedings to be prepared or a full stenographic record of the proceedings to be made by a competent court reporter.
(c) If transcribed such transcript shall be part of the record of the hearing and a copy shall be furnished to any third party having a direct interest therein at the request and expense of such party.
(d) The record of the hearing and the file containing the pleadings shall be maintained in a place designated by the Board. The tape recording of the proceedings shall be maintained until the time for appealing the final Board order has run.
(e) The record of an individual proceeding shall include:
(1) all pleadings, motions and intermediate rulings;
(2) evidence received or considered;
(3) a statement of matters officially noticed;
(4) questions and offers of proof, objections, and rulings thereon;
(5) proposed findings and exceptions;
(6) any decision, opinion, or report by the Panel presiding at the hearing;
(7) all disciplinary procedures, memoranda or data submitted to the Panel or members of the Board in connection with their consideration of the case.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-20 - Request for declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
Any person who may be affected by the existence or application of any of these foregoing public rules may request in writing an interpretation or ruling regarding the application of such rule to the facts furnished with the inquiry. Any such request shall state fully the facts concerning the rule which may apply, and the particular rules about which the question exists. The request or inquiry will be assigned to the Board for review. Thereafter, the Board will make a final determination of the interpretation or ruling. The Board's interpretation of the rule will be furnished in writing to the person making the request, within a reasonable time.
Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Amended at 10 Ok Reg 1545, eff 5-1-93
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-21 - Request for rule adoption, amendment or repeal

Current through Vol. 41, No. 20, July 1, 2024
All interested persons may ask the Board to promulgate, amend or repeal a rule; such requests will be in writing and filed with the Department. The request shall specify the reasons for its submission, the alleged need or necessity for the change, whether or not the proposed change will conflict with any existing rule, and what, if any, statutory provisions are involved. If the Board approves the proposed change, notice will be given that such proposal will be formally considered for adoption. If, however, the Board determines that the proposal or request is not appropriate, the change will be denied and the decision reflected in the records of the Board. A copy will be sent to the interested person who submitted the request.
Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Amended at 10 Ok Reg 1545, eff 5-1-93
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 15 - Disciplinary Procedures › Section 600:15-1-22 - Severability provision

Current through Vol. 41, No. 20, July 1, 2024
If any provision of this chapter, or application of such provision to any persons or circumstances, shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 20 - Committees › Section 600:20-1-1 - Establishment of committees; duties

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may establish committees for the purpose of advising and assisting the Board in its duties and function. The following committees shall serve the Board in an ongoing capacity:
(1) Education, Experience and Testing Committee
(2) Legislation and Rules Committee
(3) Standards and Disciplinary Procedures Committee
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 20 - Committees › Section 600:20-1-2 - Election of committee co-chairpersons

Current through Vol. 41, No. 20, July 1, 2024
The chairperson and vice-chairperson shall nominate and present to the Board for approval, two Board members to co-chair each committee from January 1 through December 31 of each calendar year. The Board shall approve the committee co-chairs at the last regularly scheduled meeting of the calendar year, or as soon thereafter as possible. If committee co-chair vacancies arise, or for other good cause, the chairperson and vice-chairperson shall present a new nomination for Board approval at the next regularly scheduled board meeting.
Added at 13 Ok Reg 3519, eff 9-1-96
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 20 - Committees › Section 600:20-1-3 - Appointment and removal of committee members

Current through Vol. 41, No. 20, July 1, 2024
(a) Each Board member shall nominate two (2) persons to serve on each committee. Committee members shall serve from January 1 through December 31 of each calendar year. Committee members may be reappointed to a committee so as to serve for more than one (1) year.
(b) The Board shall approve all persons appointed to a committee. Committee appointments for the upcoming year shall be approved by the Board at its last regularly scheduled meeting during the calendar year. Subsequently, if there are committee vacancies, the Board shall approve persons to serve the remaining term of the vacancy.
(c) The names of persons being nominated for committee appointment shall be presented to the Board at least two (2) weeks before the Board meeting at which time they will be considered for appointment.
(d) The Board shall maintain a current listing of all committee members which shall include the Board members who nominated them. The Board shall also maintain a file containing current professional qualification information on each committee member. The Board may instruct the Director of the Board to maintain this information on its behalf.
(e) Appraisers serving on the Standards and Disciplinary Procedures Committee must be either a State Certified Residential or State Certified General Appraiser.
(f) If circumstances warrant, the Board may provide for the appointment of additional persons to serve on any Committee. These additional persons shall be approved by the Board, and their terms shall expire on December 31 of the year in which they are appointed.
(g) Where good cause for removal is shown, and with proper notification having been given to the party in question, committee members may be removed by the Board at a regularly scheduled meeting.
(h) At no time shall a majority of persons serving on any Board committee be members or affiliates with any one or particular nationally recognized real estate appraisal trade association.
Added at 13 Ok Reg 3519, eff 9-1-96; Amended at 23 Ok Reg 1114, eff 7-14-06
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 30 - Appraisal Management Company Registration › Section 600:30-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this chapter is to define the prerequisites necessary to obtain an Appraisal Management Company registration and requirements to maintain the license or certification.
Added at 28 Ok Reg 308, eff 1-1-11 (emergency); Added at 28 Ok Reg 921, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 30 - Appraisal Management Company Registration › Section 600:30-1-3 - Certificate of Registration

Current through Vol. 41, No. 20, July 1, 2024
(a) Each Certificate of Registration shall show on its face in clear and concise language the following information:
(1) The name of the holder;
(2) The Certificate of Registration number;
(3) The dates of issuance and registration of the document; and
(4) Shall bear the signatures or facsimile signatures of the members of the Board.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 30 - Appraisal Management Company Registration › Section 600:30-1-4 - Application process

Current through Vol. 41, No. 20, July 1, 2024
(a) Applications for Certificates of Registration for an AMC and for Controlling Persons and Designated Officers shall be submitted to the Board on forms approved by the Board and shall be subject to approval by the Board.
(b) Applicants for a Certificate of Registration shall apply by submitting an Appraisal Management Company Certificate of Registration Application form, REA-AMC-01.
(c) Applications for Certificates of Registration for AMCs shall be supported by a separate application for each Controlling Person and Designated Officer which shall be submitted on Controlling Person Application Form, REA-AMC-02.
(d) Appraisal Management Company Certificate of Registration forms and Controlling Person Application forms shall be supported by an irrevocable Uniform Consent to Service of Process.
Added at 28 Ok Reg 308, eff 1-1-11 (emergency); Added at 28 Ok Reg 921, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 30 - Appraisal Management Company Registration › Section 600:30-1-5 - Renewal process

Current through Vol. 41, No. 20, July 1, 2024
(a) Certificates of Registration may be renewed for a period of one (1) year.
(b) Applications for Renewal of a Certificate of Registration shall be submitted to the Board on forms which shall be prescribed by the Board.
(c) Registrants applying for renewal of a Certificate of Registration shall apply by submitting an Application for Renewal not later than the expiration of its one-year registration period.
(d) Registrants may renew expired Certificates of Registration up to ninety (90) calendar days following expiration of the Certificate by submitting an Application for Renewal, and remitting all required fees plus a late fee.
(e) After a Certificate of Registration has been expired for a period of time in excess of ninety (90) calendar days, the Certificates of Registration may not be renewed. In order to acquire a Certificate of Registration, an AMC shall reapply as set forth in OAC 600:30-1-4.
Added at 28 Ok Reg 308, eff 1-1-11 (emergency); Added at 28 Ok Reg 921, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 30 - Appraisal Management Company Registration › Section 600:30-1-6 - Fee schedule

Current through Vol. 41, No. 20, July 1, 2024
(a) It is the finding of the Board that the sum of the fees paid by all AMCs registering or renewing a registration under the Oklahoma Appraisal Management Company Regulation Act that would be sufficient for the administration of the Act requires that an annual fee of one thousand five hundred dollars ($1,500.00) be imposed.
(b) The Department shall charge and collect fees as follows:
(1) Certificate of Registration (original and renewal) $1,500.00
(2) Late Fee $100.00
(3) Dishonored Check Fee Costs of collection plus $25.00
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 30 - Appraisal Management Company Registration › Section 600:30-1-7 - Change of information

Current through Vol. 41, No. 20, July 1, 2024
(a) All applicants for and holders of a Certificate of Registration or approval as a Controlling Person or Designated Officer for an AMC shall submit written notice to the Board of any change to any of the following within ten (10) days following the change:
(1) Name,
(2) Residence telephone number,
(3) Residence address,
(4) Business name,
(5) Business address,
(6) Business telephone number, or
(7) Mailing address.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 30 - Appraisal Management Company Registration › Section 600:30-1-8 - Background investigations

Current through Vol. 41, No. 20, July 1, 2024
(a) In order to comply with the provisions of FIRREA and qualify each registrant for inclusion on the national registry, each owner of an AMC, and each Designated Officer of an AMC shall be of good moral character, as determined by the Board, and shall submit to a background investigation carried out by the Board.
(b) Background investigations shall be accomplished by use of a form approved by the Board.
(c) Background investigations shall be conducted by a vendor selected by the applicant from the list of vendors set forth by the National Association of Insurance Commissioners, shall be conducted at the applicant's expense, and shall be transmitted directly from such vendor to the Board.
Added at 28 Ok Reg 308, eff 1-1-11 (emergency); Added at 28 Ok Reg 921, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 30 - Appraisal Management Company Registration › Section 600:30-1-9 - Business entities

Current through Vol. 41, No. 20, July 1, 2024
If the registrant is other than a natural person, it shall provide supporting documents to the Board as part of both the registration and renewal process, proof that the entity is formed under the laws of this state or another state, district, territory, or possession of the United States by submitting the following:
(1) Articles of Incorporation, Articles of Organization, or Articles of Partnership as appropriate to the registrant, certified by the Secretary of State of Oklahoma.
(2) Certificate from the Secretary of State of Oklahoma certifying registrant's authority to conduct business within the State of Oklahoma
Added at 28 Ok Reg 308, eff 1-1-11 (emergency); Added at 28 Ok Reg 921, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 30 - Appraisal Management Company Registration › Section 600:30-1-10 - Recordkeeping

Current through Vol. 41, No. 20, July 1, 2024
(a) Each registrant shall maintain records as follows:
(1) a detailed record of each service request that it receives for appraisal of real property located in Oklahoma, which shall include, but is not limited to, the following:
(A) a copy of the letter of engagement between the registrant and the appraiser,
(B) a copy of each appraisal report received from an appraiser, including the original report, any revised reports, and any addenda or other materials furnished subsequent to the delivery of the original report,
(C) copies of all correspondence between the appraiser and the registrant and any other entity involved in the transaction,
(D) a copy of the letter of engagement engaging another appraiser for the purpose of reviewing the appraisal,
(E) a copy of any review of the appraisal performed, including the original review report, subsequent correspondence between the reviewer and registrant, and each subsequent revised review report.
(F) a copy of the request received from the registrant's client, all documentation supplied to that client, all correspondence between client and registrant, and
(G) a record of fees disbursed to contracted appraisers and the fee received by the registrant from the registrant's client.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 30 - Appraisal Management Company Registration › Section 600:30-1-11 - Severability provision

Current through Vol. 41, No. 20, July 1, 2024
If any provision of this chapter, or application of such provision to any person or circumstances, shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Added at 28 Ok Reg 308, eff 1-1-11 (emergency); Added at 28 Ok Reg 921, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this chapter is to set forth the administrative procedures for disciplinary proceedings conducted pursuant to the Oklahoma Appraisal Management Regulation Act and the Oklahoma Administrative Procedures Act, 75 O.S. §
								250 et seq.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-3 - Conduct

Current through Vol. 41, No. 20, July 1, 2024
(a) It is the finding and declaration of the Oklahoma Real Estate Appraiser Board that registered Appraisal Management Companies are vested with a relationship of trust and confidence with respect to their relationships with their clients, lending institutions, both public and private guarantors or insurers of funds in real estate related transactions, and to the public interest; and that accordingly, the qualifications of honesty, candor, integrity, and trustworthiness are directly and substantially related to and indispensible to the conduct of their business operations.
(b) Every holder of an Appraisal Management Company registration, every Controlling Person, and every Designated Officer shall demonstrate by his or her conduct that he or she possesses the qualifications of honesty, candor, integrity, and trustworthiness.
(c) Every registered Appraisal Management Company, its Controlling Persons, and Designated Officer shall comply fully with the Oklahoma Appraisal Management Company Regulation Act, the rules promulgated thereunder, and with all other applicable federal and state statutes including but not limited to FIRREA, TILA and RESPA.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-4 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
A complaint may be filed with the Board against an Appraisal Management Company, a Controlling Person, or a Designated Officer on a form approved by the Board or by other means of transmitting such allegations and supporting documents by any aggrieved person. Such complaints must be in writing and must be signed by the complainant. In addition, where reasonable cause exists, a complaint may be brought directly by the Board.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-5 - Complaint procedure

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of a complaint against an AMC, a Designated Officer, or a Controlling Person, the Director shall cause a complete copy of such complaint to be forwarded to the applicable Designated Officer by Certified Mail, Return Receipt Requested. The copy of the complaint shall be transmitted by a letter giving the Respondent ten (10) calendar days following receipt of the complaint to respond to the allegations contained therein.
(b) The Probable Cause Committee shall meet as required by the volume of complaints received and shall prepare and present a recommendation to the Board summarizing each complaint received and making a recommendation to the Board as to disposition of the complaint.
(c) The Probable Cause Committee may cause such investigation to be conducted as it may require in the preparation of its recommendation.
(d) The Director shall cause records of meeting attendance and summaries of complaints including individual votes to be prepared and furnished to the Board for consideration and action at the next subsequent Board meeting.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-6 - Formal complaint

Current through Vol. 41, No. 20, July 1, 2024
(a) If, in the determination of the Board, the complaint set forth in the summary and recommendation of the Probable Cause Committee appears to warrant such action, the Board shall adopt a formal complaint and the Director shall transmit the complaint to a Prosecuting Attorney.
(b) The Prosecuting Attorney may select one or more members of the Board's Standards and Disciplinary Procedures Committee or a person designated by the Director to assist in preparation of a Notice of Disciplinary Proceedings and presentation of the matter at any such proceeding or in any negotiations for an agreed settlement.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-7 - Notice of Disciplinary Proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a) The Prosecuting Attorney shall prepare a Notice of Disciplinary Proceedings and transmit said notice to the Director. The Director shall set the date, time, and place for the proceedings and shall cause such notice to be served on the Respondent's Designated Officer at the last address reported to the Board by certified mail, return receipt requested.
(b) The Notice of Disciplinary Hearing shall include, but is not limited to, the following:
(1) a statement of the time, place and nature of the hearing,
(2) a statement of the legal authority and jurisdiction under which the hearing is to be conducted,
(3) a statement of the allegations,
(4) a reference to the particular sections of statutes or rules involved, and
(5) the identity of the Hearing Examiner appointed to hear the complaint.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-8 - Pre-hearing matters

Current through Vol. 41, No. 20, July 1, 2024
The Board may utilize counsel to the Board as a hearing officer to hear prehearing matters specified by the Board.
(1) The duties assigned to Board counsel may include, but are not limited to, any of the following:
(A) to hear and rule on pretrial discovery disputes;
(B) to hear and rule on Motions in Limine;
(C) to review Motions to Dismiss in order to advise the Board on questions of law arising therein;
(D) to hear and rule on Motions for Continuance of a hearing;
(E) to hear and rule on other preliminary motions;
(F) to hear and rule on motions to have a Hearing Examiner recused from a hearing;
(G) to mark, identify, and admit or deny exhibits; and
(H) to rule upon objections made during the hearing.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-9 - Subpoenas and subpoenas duces tecum

Current through Vol. 41, No. 20, July 1, 2024
(a) In all cases where a party desires to have subpoenas or subpoenas duces tecum issued to compel the attendance of witnesses, or production of documents, a written request shall be filed with the administrative office of the Board by such party or his attorney, and directed to the Director or the Director's designee. The request shall specify the witness by name and address; and shall identify any documents to be subpoenaed. The request shall acknowledge that any expense associated with the subpoena process shall be paid by the party requesting the subpoena, including travel expense and daily attendance fees, in the amount as set by statute for other civil matters, at the time of the service of such subpoena.
(b) The Director shall cause such subpoenas to be issued and mailed in conformity with said written requests; provided, that in said subpoena the witnesses named therein shall be advised that they may demand their travel fees and daily attendance fees from the party, or his representative; and that neither the Board nor the State of Oklahoma shall be responsible for any traveling fees, daily attendance fees, or other expenses incurred by such witness in attending any proceeding.
(c) All requests for subpoenas and subpoenas duces tecum shall be filed with the Director or the Director's designee, by mail or otherwise, no later than ten (10) days prior to the date of the proceeding at which the presence of any such witness or documents would be required.
(d) A party requesting issuance of subpoenas and subpoenas duces tecum shall be responsible for obtaining service and for the cost of that service.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-10 - Disciplinary proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a) Disciplinary proceedings shall be conducted by a Hearing Examiner who shall be appointed by Board order and assigned to an individual matter by the Director.
(b) When the record is closed and submitted for a proposed decision, the Hearing Examiner shall issue proposed Findings of Fact, Conclusions of Law and Disciplinary Recommendations to the Board for its consideration and final order. Interested parties shall receive copies of the Hearing Examiner's proposed decision by certified mail. The Findings of Fact, Conclusions of Law and Disciplinary Recommendations shall include a statement of facts, the issues and contentions, conclusions based on the findings of fact and applicable law, and recommendation to the Board for issuance of the final order.
(c) Upon request of the parties, the Hearing Examiner may permit the parties to submit proposed Findings of Fact, Conclusions of Law and Disciplinary Recommendations which may be adopted by the Examiner.
(d) Disciplinary proceedings shall be open to the public. Witnesses may be excluded upon proper invocation of the witness exclusion rule by any party or the Hearing Examiner.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-11 - Burden of proof, standard of proof

Current through Vol. 41, No. 20, July 1, 2024
(a) The burden of proof shall be upon the Board in all disciplinary proceedings.
(b) The standard of proof shall be by clear and convincing evidence.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-12 - Right to counsel

Current through Vol. 41, No. 20, July 1, 2024
(a) At all times during a disciplinary proceeding any party shall have the right to counsel provided that such counsel must be duly licensed to practice law by the Supreme Court of Oklahoma, and provided further that such counsel shall have the right to appear and act for and on behalf of the party he represents.
(b) In order to be recognized as counsel for respondent, such counsel shall file a written entry of appearance with the Director.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-13 - Rules of evidence

Current through Vol. 41, No. 20, July 1, 2024
(a) The Hearing Examiner shall admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent people in the conduct of their affairs.
(1) The Hearing Examiner shall give effect to the rules of privilege recognized by law in respect to:
(A) self-incrimination;
(B) confidential communications between husband and wife during the subsistence of the marriage relation;
(C) communication between attorney and client, made in that relation;
(D) confessions made to a clergyman or priest in his professional capacity in the course of discipline enjoined by the church to which he belongs;
(E) communications made by a patient to a licensed practitioner of one of the healing arts with reference to any physical or supposed physical disease or of knowledge gained by such practitioner through a physical examination of a patient in a professional capacity;
(F) records and files of any official or agency of any state or of the United States which, by any statute of such state or of the United States are made confidential and privileged.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-14 - Failure to appear

Current through Vol. 41, No. 20, July 1, 2024
If either the Respondent or the Board fails or refuses to appear without good cause, the Hearing Examiner may, if no continuance is granted, either enter a default decision or proceed with the formal hearing and determine the matter in the absence of the party.
(1) Default decision.
(A) Any party may move for default against a party who has failed to appear after proper service.
(B) As a consequence of the default, the allegations against a non-appearing Respondent may be deemed admitted and an appropriate sanction recommended, within the Hearing Examiner's discretion. If the non-appearing Party is the Board, the Hearing Examiner may recommend that the complaint be dismissed with prejudice.
(C) A motion to vacate a default decision may be filed with the Board along with or in lieu of a request for oral argument before the Board within the time period specified for requests for oral argument in Board Rule 600:35-1-15.
(D) Timely filed motions to vacate shall be granted only for good cause shown. The burden of proof shall be on the moving party.
(E) "Good cause" for the purpose of this rule means lack of notice in accordance with the Administrative Procedures Act, the Oklahoma Appraisal Management Company Regulation Act, or the rules promulgated pursuant thereto, excusable neglect or unavoidable casualty.
(F) A decision by the Board denying a motion to vacate and the Board's ground(s) therefore shall be included with its final order on the merits issued in accordance with 600:15-1-17 and is subject to review in accordance with the Administrative Procedures Act and Oklahoma Certified Real Estate Appraisers Act and the rules promulgated pursuant thereto.
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-15 - Oral argument before the Board

Current through Vol. 41, No. 20, July 1, 2024
(a) Within fifteen (15) days following mailing of the Proposed Findings of Fact, Conclusions of Law and Recommendations of the Hearing Examiner, the aggrieved party may file an application for oral argument before the Board. Oral argument shall be limited to the Recommended Discipline of the Hearing Examiner.
(b) If such application for oral argument is received, the Director shall set a date, time and place for the hearing and notice shall be given to each side by certified mail no less than thirty (30) days prior to the hearing. Respondent's typewritten brief shall be submitted to the Board no less than twenty (20) days prior to such hearing. Petitioner's typewritten brief shall be submitted to the Board no less than ten (10) days prior to the hearing. Deadlines may be extended by the Director upon good cause shown. If the respondent fails to apply for oral argument or file a brief in a timely manner, the Board may consider respondent to have waived the opportunity for oral argument. Time limits for oral arguments will be set by the Board at the time of the hearing.
(c) The Board shall issue the final order in each case whether or not application for oral argument is made. The Board may, in its discretion, vacate, modify, or affirm, in part or whole, the proposed decision of the Hearing Examiner.
(d) In the event no request for oral argument is made by the Respondent within the fifteen (15) day period, a final order consistent with the Hearing Examiner's findings, conclusions and recommendations shall be presented to the Board for approval, or in its discretion, vacation or modification; and following approval, copies will be mailed to the Respondent. The Board may, on its own motion, require oral argument before the Board.
Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11
Oklahoma Administrative Code › Title 600 - Real Estate Appraiser Board › Chapter 35 - Appraisal Management Company Enforcement › Section 600:35-1-16 - Rehearing, reopening or reconsideration of Board decision

Current through Vol. 41, No. 20, July 1, 2024
(a) An order issued by the Board shall be subject to rehearing, reopening or reconsideration by the Board within ten (10) days of the date of its entry. The grounds for such action shall be either:
(1) newly discovered or newly available evidence, relevant to the issues;
(2) need for additional evidence adequately to develop the facts essential for a proper decision;
(3) probable error committed by the Hearing Examiner or the Board in the proceeding or in its decision that would be grounds for reversal on judicial review of the order;
(4) need for further consideration of the issues and the evidence in the public interest; or
(5) a showing that issues not previously considered should be examined in order to properly dispose of the matter.