(1) The board, upon its own motion, may, and upon a complaint submitted to the board in writing by any person, shall, investigate the activities of a licensed appraisal management company; an appraiser designated as a controlling appraiser by a partnership, limited liability company, or corporation acting as an appraisal management company; or a person or an entity that assumes to act in that capacity within the state. The board, upon finding a violation, may impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense; censure a licensee; place the licensee on probation and set the terms of probation; or temporarily suspend or permanently revoke a license, when the licensee has performed, is performing, or is attempting to perform any of the following acts:
(a) Failing to:
Exercise due diligence when hiring or engaging a real estate appraiser to ensure thatthe real estate appraiser is appropriately credentialed by the board and competent to perform the assignment; and
In the case of an AMC, establish and comply with processes and controls reasonablydesigned to ensure that the AMC conducts its appraisal management services in accordance with the requirements of the federal "Truth in Lending Act", 15 U.S.C. sec. 1639e (a) to (i), and regulations adopted pursuant to that act;
Requiring an appraiser to indemnify the appraisal management company against liability, damages, losses, or claims other than those arising out of the services performed by the appraiser, including performance or nonperformance of the appraiser's duties and obligations, whether as a result of negligence or willful misconduct;
Influencing or attempting to influence the development, reporting, result, or reviewof a real estate appraisal or the engagement of an appraiser through coercion, extortion, collusion, compensation, inducement, intimidation, bribery, or in any other manner. This prohibition does not prohibit an appraisal management company from requesting an appraiser to:
Consider additional, appropriate property information;
Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or
Correct errors in the appraisal report.
Prohibiting an appraiser, in the completion of an appraisal service, from communicating with the client, any intended users, real estate brokers, tenants, property owners, management companies, or any other entity that the appraiser reasonably believes has information pertinent to the completion of an appraisal assignment; except that this subsection (1)(d) does not apply to communications between an appraiser and an appraisal management company's client if the client has adopted an explicit policy prohibiting the communication. If the client has adopted an explicit policy prohibiting communication by the appraiser with the client, communication by an appraiser to the client must be made in writing and submitted to the appraisal management company.
Altering or modifying a completed appraisal report without the authoring appraiser'sknowledge and written consent, and the consent of the intended user, except to modify the format of the report solely for transmission to the client and in a manner acceptable to the client;
Requiring an appraiser to provide to the appraisal management company access to theappraiser's electronic signature;
Failing to validate or verify that the work completed by an appraiser who is hired orengaged by the appraisal management company complies with state and federal regulations, including the uniform standards of professional appraisal practice, by conducting an annual audit of a random sample of the appraisals received within the previous year by the appraisal management company. The board shall establish annual appraisal review requirements by rule and shall solicit and consider information and comments from interested persons.
Failing to make payment to an appraiser within sixty days after completion of theappraisal, unless otherwise agreed or unless the appraiser has been notified in writing that a bona fide dispute exists regarding the performance or quality of the appraisal;
Failing to perform the terms of a written agreement with an appraiser hired or engaged to complete an appraisal assignment;
Failing to disclose to an appraiser, at the time of engagement, the identity of theclient;
Using an appraisal report for a client other than the one originally contracted with,without the original client's written consent;
Failing to maintain possession of, for future use or inspection by the board, for aperiod of at least five years or at least two years after final disposition of any judicial proceeding in which a representative of the appraisal management company provided testimony related to the assignment, whichever period expires last, the documents or records prescribed by the rules of the board or to produce the documents or records upon reasonable request by the board;
Having been convicted of, or entering a plea of guilty, an Alford plea, or a plea ofnolo contendere to, any misdemeanor or felony relating to the conduct of an appraisal, theft, embezzlement, bribery, fraud, misrepresentation, or deceit, or any other like crime under
Colorado law, federal law, or the laws of other states. A certified copy of the judgment of a court of competent jurisdiction of the conviction or other official record indicating that a plea was entered is conclusive evidence of the conviction or plea in any hearing under this part 6.
Having been the subject of an adverse or disciplinary action in another state, territory, or country relating to a license, registration, certification, or other authorization to practice as an appraisal management company. A disciplinary action relating to a registration, license, or certificate as an appraisal management company under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons is prima facie evidence of grounds for disciplinary action or denial of a license by the board. This subsection (1)(n) applies only to violations based upon acts or omissions in the other state, territory, or country that would violate this part 6 if committed in Colorado.
Violating the "Colorado Consumer Protection Act", article 1 of title 6;
Procuring, or attempting to procure, an appraisal management company license orrenewing, reinstating, or reactivating, or attempting to renew, reinstate, or reactivate, an appraisal management company license by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application for a license;
Knowingly misrepresenting or making false promises through agents, advertising, orotherwise;
Failing to disclose to a client the fee amount paid to the appraiser hired or engaged tocomplete the appraisal upon completion of the assignment; or
Disregarding, violating, or abetting, directly or indirectly, a violation of this part 6, arule promulgated by the board pursuant to this part 6, or an order of the board entered pursuant to this part 6.
When a complaint or an investigation discloses an instance of misconduct that, in theopinion of the board, does not warrant formal action by the board but should not be dismissed as being without merit, the board may send a letter of admonition by certified mail, return receipt requested, to the licensee against whom the complaint was made. The letter shall advise the licensee of the right to make a written request, within twenty days after receipt of the letter of admonition, to the board to begin formal disciplinary proceedings as provided in this section to adjudicate the conduct or acts on which the letter was based.
Disciplinary proceedings must be conducted in the manner prescribed by the "StateAdministrative Procedure Act", article 4 of title 24.
If a partnership, limited liability company, or corporation operating under the licenseof an appraiser designated and licensed as a controlling appraiser by the partnership, limited liability company, or corporation is guilty of any act listed in subsection (1) of this section, the board may suspend or revoke the right of the partnership, limited liability company, or corporation to conduct its business under the license of the controlling appraiser, whether or not the controlling appraiser had personal knowledge of the violation and whether or not the board suspends or revokes the individual license of the controlling appraiser.
This part 6 does not relieve any person from civil liability or criminal prosecutionunder the laws of this state.
A licensee or certified person having direct knowledge that a person or licensed partnership, limited liability company, or corporation has violated this part 6 shall report his or her knowledge to the board.
The board, on its own motion or upon application, at any time after the imposition ofdiscipline as provided in this section, may reconsider its prior action and reinstate or restore a license, terminate probation, or reduce the severity of its prior disciplinary action. The decision of whether to take any further action or hold a hearing with respect to the action rests in the sole discretion of the board.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 679, § 1, effective October 1.
Editor's note: This section is similar to former § 12-61-714 as it existed prior to 2019.