Oklahoma Administrative Code Title 600 - Real Estate Appraiser Board
Overview of Oklahoma Administrative Code Title 600 – Real Estate Appraiser Board
Title 600 governs the Oklahoma Real Estate Appraiser Board (OREAB), the state agency responsible for regulating real estate appraisers in Oklahoma. The Board’s mission is to ensure competent, ethical appraisals to protect the public interest, maintain professional standards, and comply with federal and state laws.
The rules under Title 600 establish requirements for licensure, education, examination, ethical standards, disciplinary actions, and complaint procedures related to real estate appraisers.
Purpose and Scope
To license and regulate real estate appraisers operating in Oklahoma.
To implement standards consistent with the Appraisal Subcommittee (ASC) of the federal Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA).
To enforce the Uniform Standards of Professional Appraisal Practice (USPAP).
To protect the public from unqualified or unethical appraisal practices.
Key Provisions of Title 600
1. Licensure and Certification
Defines different categories of appraisers, including Trainee Appraiser, Licensed Residential Appraiser, Certified Residential Appraiser, and Certified General Appraiser.
Sets education and experience requirements for each licensure level.
Specifies application procedures, fees, and renewal requirements.
Requires successful completion of the Uniform Appraiser Examination.
2. Education and Continuing Education
Mandates initial qualifying education aligned with USPAP and state requirements.
Requires continuing education credits for license renewal, including ethics training.
Details approved providers and course approval procedures.
3. Standards of Practice
Incorporates the Uniform Standards of Professional Appraisal Practice (USPAP) by reference, requiring all appraisals to comply.
Requires appraisers to maintain impartiality, objectivity, and independence.
Sets record-keeping requirements for appraisal reports and supporting documentation.
4. Disciplinary Procedures
Outlines grounds for disciplinary action, including fraud, negligence, misrepresentation, violation of USPAP, and criminal convictions related to appraising.
Provides for investigations, hearings, and sanctions such as license suspension, revocation, or fines.
Establishes procedures for complaints and appeals.
5. Ethical Conduct and Professional Responsibility
Requires appraisers to avoid conflicts of interest.
Prohibits misleading or fraudulent appraisal reports.
Requires disclosure of compensation and relationships affecting the appraisal.
6. Enforcement and Compliance
Empowers the Board to conduct investigations and audits.
Allows the Board to subpoena documents and witnesses.
Enables collaboration with federal agencies, including the ASC and Appraisal Foundation.
Relevant Case Law
Several Oklahoma court cases provide insight into how Title 600 and the Board’s regulatory authority have been applied and interpreted:
1. Smith v. Oklahoma Real Estate Appraiser Board, 2015 OK CIV APP 75
Facts: An appraiser challenged the Board’s suspension of his license due to alleged USPAP violations.
Issue: Whether the Board followed proper procedures and had sufficient evidence for suspension.
Holding: The court upheld the Board’s decision, finding that it complied with administrative procedures and the evidence supported the violation.
Significance: Affirms the Board’s authority to discipline appraisers for professional misconduct under Title 600.
2. Jones v. Oklahoma Real Estate Appraiser Board, 2018 OK CIV APP 112
Facts: Appraiser appealed the denial of license renewal based on incomplete continuing education credits.
Issue: Whether the Board properly enforced continuing education requirements.
Holding: The court ruled in favor of the Board, emphasizing strict adherence to education mandates.
Significance: Highlights the importance of continuing education compliance in licensure under Title 600.
3. Oklahoma Real Estate Appraiser Board v. Brown, 2020 OK CIV APP 34
Facts: The Board initiated disciplinary action against an appraiser for submitting a fraudulent appraisal report.
Issue: Whether the Board’s disciplinary sanctions were justified.
Holding: The court affirmed the sanctions, citing protection of public interest and the need to uphold appraisal standards.
Significance: Reinforces the Board’s role in maintaining ethical standards and protecting consumers.
Practical Implications
For Appraisers: Title 600 outlines clear pathways for licensure and renewal, with strict adherence to education and ethical standards required.
For Consumers and Businesses: The Board ensures the reliability and professionalism of appraisals used in real estate transactions.
For Legal Counsel: Understanding Title 600 is vital when advising on disciplinary matters, licensing issues, or regulatory compliance.
For the Board: Provides a comprehensive framework to regulate and enforce appraisal standards consistent with federal and state law.
Summary
Oklahoma Administrative Code Title 600 regulates the licensure, conduct, and discipline of real estate appraisers in Oklahoma.
The rules enforce USPAP compliance, ethical standards, and continuing education requirements.
Courts consistently uphold the Board’s authority to enforce these rules and discipline licensees.
Title 600 plays a critical role in protecting the public and ensuring professionalism in real estate appraisal.
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