OAR 161-570-0030
Complaints, Investigations and Audits
(1)
A notice of investigation, together with a true copy of the allegation report as submitted to the Board’s office, including all supporting documentation, shall be promptly sent by certified mail, return receipt requested, to the last known address of each controlling person of the appraisal management company. Unless otherwise specified in the notice of investigation, a controlling person must produce:(a)
True copies of records within 30 days. No extension will be granted; and(b)
Within 30 days, a written response to the allegations set forth in the allegation report.(A)
A controlling person may request an extension to file a response to a notice of investigation. An extension of up to 30 days will be approved provided the extension request is submitted in writing to the Administrator within the 30 day time period. Good cause must exist that shows circumstances beyond the reasonable control of a controlling person preventing a response within 30 days.(B)
The Administrator may grant one additional extension of no more than 30 days only upon showing of good cause.(2)
The investigation may include all inquiries deemed appropriate to ensure that each case is processed in accordance with ORS Chapter 183 (Administrative Procedures Act).(3)
The Board may initiate an audit or other type of inquiry or investigation to verify an appraisal management company’s compliance with ORS 674 and OAR 161.(4)
Every controlling person or subject individual of an appraisal management company must cooperate with the Board and must respond fully and truthfully to Board inquiries and comply with any requests from the Board, subject only to the exercise of any applicable right or privilege. Failure to cooperate with the Board is unethical and is grounds for discipline including revocation or suspension of the appraisal management company’s registration, imposition of a civil penalty, or denial of a registration, or any combination thereof.(5)
At the completion of the investigation process, the Enforcement Oversight Committee shall review the allegation report and documents related to the investigation. If the Enforcement Oversight Committee determines that an objective basis exists to believe that violations of ORS Chapter 674 (Real Estate Appraisers and Appraisal) and/or OAR chapter 161 occurred, the Enforcement Oversight Committee may authorize the Administrator to proceed with disciplinary actions.(6)
Shall submit a report to the Board setting forth specific violations along with the facts supporting the Committee’s recommendation.
Source:
Rule 161-570-0030 — Complaints, Investigations and Audits, https://secure.sos.state.or.us/oard/view.action?ruleNumber=161-570-0030.