R162-2g-502b. Prohibited Conduct  


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  •   (1) An individual registered, licensed, or certified by the division may not:

      (a) release to a client a draft report of a one- to four-unit residential real property;

      (b) release to a client a draft report of a property other than a one- to four-unit residential real property unless:

      (i) the first page of the report prominently identifies the report as a draft;

      (ii) the draft report is signed by the appraiser; and

      (iii) the appraiser complies with USPAP in the preparation of the draft report;

      (c) affix a signature to an appraisal report by means of a signature stamp; or

      (d) sign a blank or partially completed appraisal report that will be completed by anyone other than the appraiser who has signed the report;

      (e) sign an appraisal report containing a statement indicating that an appraiser has inspected a property if the appraiser has not inspected the property; or

      (f) split appraisal fees with any person who is not a state-licensed or state-certified appraiser, except that a supervising appraiser may pay a trainee reasonable compensation proportionate to the lawful services actually performed by the trainee in connection with appraisals.

      (2) A trainee may not:

      (a) solicit a client to address an engagement letter directly to the trainee; or

      (b) accept payment for appraisal services from anyone other than:

      (i) the trainee's supervisor; or

      (ii) an appraisal or government entity with which the trainee is affiliated.

      (3) A supervising appraiser may not:

      (a) sign a report that is completed in response to an engagement letter that is addressed to a trainee;

      (b) sign an appraisal report as the supervising appraiser without having given adequate supervision to the trainee, appraiser, or assistant being supervised.

      (4) A state-licensed appraiser may not place a seal on an appraisal report or use a seal in any other manner likely to create the impression that the appraiser is a state-certified appraiser.

      (5) A school may not:

      (a) in advertising and marketing:

      (i) make a misrepresentation about any course of instruction;

      (ii) make statements or implications that disparage the dignity and integrity of the appraisal profession;

      (iii) disparage a competitor's services or methods of operation;

      (iv) as to a continuing education course, use language that indicates division approval is pending or otherwise forthcoming;

      (b) attempt by any means to obtain or use the questions on the state licensure or certification exam unless those questions have been dropped from the current exam bank;

      (c) accept payment from a student without first providing to that student the information outlined in R162-2g-307b(2)(c);

      (d) continue to operate after the expiration date of the school certification without renewing;

      (e) continue to offer a course after its expiration date without renewing;

      (f) allow an instructor whose instructor certification has expired to continue teaching;

      (g) allow an individual student to earn more than eight credit hours of education in a single day;

      (h) award credit to a student who has not complied with the minimum attendance requirements;

      (i) allow a student to obtain credit for all or part of a course by taking an examination in lieu of attending the course;

      (j) give valuable consideration to a person licensed with or certified by the division under Section 61-2g for referring students to the school;

      (k) accept valuable consideration from a person licensed with or certified by the division under Section 61-2g for referring students to a licensed or certified appraiser; or

      (l) require a student to attend any program organized for the purpose of solicitation.

      (6) A continuing education provider may not:

      (a) in advertising and marketing:

      (i) make a misrepresentation about any course of instruction;

      (ii) make statements or implications that disparage the dignity and integrity of the appraisal profession; or

      (iii) as to a continuing education course, use language that indicates division approval is pending or otherwise forthcoming;

      (b) continue to offer a course after its expiration date without renewing;

      (c) allow an instructor whose instructor certification has expired to continue teaching;

      (d) allow an individual student to earn more than eight credit hours of education in a single day;

      (e) award credit to a student who has not complied with the minimum attendance requirements; or

      (f) allow a student to obtain credit for all or part of a course by taking an examination in lieu of attending the course.

      (7) An instructor may not:

      (a) continue to teach any course after the course has expired and without renewing the course certification; or

      (b) continue to teach any course after the individual's certification has expired and without renewing the instructor certification.