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| Policy Statement Regarding Standard 3 Reviews |
From:
Debra Rudd <Debra1@azboa.gov>
To: 'joannaconde@aol.com' <joannaconde@aol.com>
Subject: Staff Policies & Procedures relating to investigations
Date: Wed, Mar 19, 2014 3:47 pm
Joanna,
Here is the section you requested regarding investigations from the Board’s Policies & Procedures. I highlighted the sentence that I believe you were asking about. These Policies & Procedures have been reviewed by the Board members and are currently employed by the Board staff.
Investigation
If further investigation is necessary, the Board may request the staff investigator or employ a contract investigator. The criteria used to select a contract investigator are set forth in the Contract Investigations portion of this Policies and Procedures Manual.
The Board staff must notify the respondent of the pending investigation. If a respondent’s name is placed on a public meeting agenda, staff member is to mail a letter to the respondent, and complainant, if requested, at least seven days before the scheduled meeting, which provides the respondent, and complainant, if requested, with a copy of the posted notice of the public meeting. The respondent and complainant may attend the open sessions of that meeting and listen to the Board’s discussion and decision, but may not address the Board unless the Board asks them to do so.
The investigator shall conduct an analysis of the complaint, and of the appraiser’s response. The investigator shall examine the appraisal work file, and may inspect the appraised property in question, along with any comparable properties used in the appraisal, if possible.
The investigator shall draft an investigative report in compliance with Standard 3 of USPAP. It should indicate in the report whether or not the appraiser violated any appraisal standards for the appraisal being reviewed. R4-46-301(B) requires the following certification to be included in every investigative report prepared for the Board and signed by the investigator:
I certify that, to the best of my knowledge and belief:
a. The statements of fact contained in this report are true and correct.
b. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and they are my personal, impartial and unbiased professional analyses, opinions, conclusions, and recommendations.
c. I have no present or prospective interest in the property that is the subject of this investigation, and I have no personal interest with respect to the parties involved in this investigation.
d. I have no bias with respect to any property that is the subject of this investigation or to the parties involved in this investigation.
e. My engagement for this investigation was not contingent upon developing or reporting any predetermined result or outcome.
f. My compensation for this investigation is not contingent upon developing or reporting any predetermined result or outcome, nor have I been instructed as to any predetermined result or outcome by the Board, the Board staff, or other parties.
g. I have (or have not) made a personal inspection of the property that is the subject of this investigation.
Investigative file reviews are to, if reasonably possible, appear on the next Board agenda following receipt of the investigator’s report. The investigator’s report may at the discretion of the Board be available to the respondent once the Board has reviewed and accepted the investigator’s report. The investigator’s report shall not be available to the general public per A.R.S. §32-3609 as it is considered an appraisal review which is defined as confidential.
As a result of this investigation, the Board may dismiss the complaint, direct further investigation, set the complaint for informal hearing, offer a consent agreement or refer it to formal hearing. Additionally, the Board may informally resolve a matter by settlement.
Under R4-46-301(G), if a matter is not resolved within 12 months from receipt of the response, the Board shall schedule the matter for review at each regularly scheduled Board meeting to determine whether good cause exists to continue the investigation. A matter is considered to be resolved if an agreement is in place and the respondent is in compliance with said agreement. If, after completing its investigation, the Board finds that further action against the respondent is not warranted, the Board shall dismiss the matter.
Debra Rudd
Executive Director AZ Board of Appraisal
15 S. 15th Avenue, Suite 103A
Phoenix, AZ 85007
