DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
BOARD OF REAL ESTATE APPRAISERS
4 CCR 725-2

REDLINE

CHAPTER 13:	DISCIPLINARY PROCEDURES

13.1	Complaints alleging violation of Section the Colorado Real Estate Appraiser Licensing Act 12-61-701, et seq., C.R.S. or the Board Rules must of the Board of Real Estate Appraisers shall be in writing on a form or in the manner prescribed by the Board. Nothing in this rule Board Rule 13.1 shall will act to prevent the Board from acting upon its own motion to open a complaint.

13.2	Pursuant to Section section 12-61-704(1)(c), C.R.S., and Section section 24-4-105(3), C.R.S., any disciplinary hearing conducted on behalf of the Board may, at the discretion of the Board, be conducted by an Administrative Law Judge from the Office of Administrative Courts of the Department of Personnel & Administration.

13.4	When a licensee holder of a Board-issued license or Temporary Practice Permit has received written notification from the Board that a complaint has been filed against the licensee holder , the licensee must submit a written response to the Board. is required to be submitted by the holder. Failure to submit a written response within the time set by the Board in its notification shall will be grounds for disciplinary action unless the Board has granted an extension of time for the response in writing and regardless of the question of whether the underlying complaint warrants further investigation or subsequent action by the Board. The licensee’s written response must contain the following:

A.	A complete and specific answer to the factual recitations, allegations or averments;

B.	A complete and specific response to any additional questions, allegations or averments presented in the notification letter;

C.	Any documents or records requested in the notification letter; and

D.	Any further information relative to the complaint that the licensee believes to be relevant or material to the matters addressed in the notification letter.

13.5	The holder of a Board-issued license or permit Temporary Practice Permit, including an owner of more than ten (10) percent of a licensed appraisal management company, shall must inform the Board in writing within ten (10) days of any disciplinary action taken by any other state, district, territorial, or provincial real estate appraiser or appraisal management company licensing authority. For purposes of this rule Board Rule 13.5, disciplinary action shall may include, without limitation, actions such as fines, required education, probation, suspension, revocation, letters of censure, debarment, required supervision, and the like.

13.6	Pursuant to Section section 24-34-106, C.R.S., when a licensee is required to complete real estate appraisal education as part of a stipulation, final agency order, or disciplinary action, or as a term of a stipulation for diversion, no portion of any such courses or programs shall will be creditable toward continuing education or qualifying education requirements.

13.7	Pursuant to sections 12-61-713(1)(a) and 12-61-713(1)(k), C.R.S., a licensee must inform the Board in writing within ten (10) days of conviction of, entering a plea of guilty to, or entering a plea of nolo contendere to, or receiving a deferred judgment and sentence to any felony or misdemeanor offense, excluding misdemeanor traffic offenses, municipal code violations or petty offenses. A licensee must inform the Board in writing within ten (10) days of any disciplinary action taken against any professional licenses held by the licensee, excluding the licensee’s Colorado appraisal credential. For purposes of this rule Board Rule 13.7, disciplinary action shall include, without limitation, actions such as imposition of fines, required or remedial education, probation, suspension, revocation, letters of censure, debarment, mandatory supervision, and the like.

13.8	Board members, division Division staff and contractors hired by the Division of Real Estate to perform official division business are not required to comply with USPAP Standards, Standards Rules and/or Statements in performance of the following official duties that include, but are not limited to:

A.	Investigations;

B.	Work experience reviews conducted during license application processing; or

C.	The review or analysis of investigative findings, experience reviews, and/or work product reviews resulting from Board case resolutions.; or

D.	The review of the appraisal as part of an application.

An investigation or review conducted by staff, a member of the Board or a contractor hired by the Division of Real Estate is not considered an “appraisal review” or an “appraisal” as defined by the USPAP.

13.9	A licensee shall must respond in writing to any correspondence from the Board requiring a response. The written response shall must be submitted within the time period provided by the Board. The Board shall will send such correspondence to the licensee’s address of record with the Board. Failure to submit a timely written response shall will be grounds for disciplinary action.

13.10	Exceptions and Board Review of Initial Decisions:

Aa.	Written form, service, and filing requirements

1.	All designations of record, requests, exceptions, and responsive pleadings (“pleadings”) must be in written form, mailed with a certificate of mailing to the board Board and the opposing party.

2.	All pleadings must be filed with the board Board by 5:00 p.m. on the date the filing is due. These rules Rules do not provide for any additional time for service by mail. Filing is the receipt of a pleading by the board Board.

3.	Any pleadings must be served on the opposing party by mail or by hand delivery on the date on which the pleading is filed with the board Board.

4.	All pleadings must be filed with the board Board and not the office Office of administrative Administrative courts Courts. Any designations of record, requests, exceptions or responsive pleadings filed in error with the office Office of administrative Administrative courts Courts will not be considered. The board’s Board’s address is:

Colorado Board of Real Estate Appraisers
1560 Broadway, Suite 925
Denver, CO 80202

Bb.	Authority to Review

1.	The board Board hereby preserves the board’s Board’s option to initiate a review of an initial decision on its own motion pursuant to § section 24-4-105(14)(a)(ii) and (b)(iii), C.R.S. outside of the thirty (30) day period after service of the initial decision upon the parties without requiring a vote for each case.

2.	This option to review shall will apply regardless of whether a party files exceptions to the initial decision.

Cc.	Designation of Record and Transcripts

1.	Any party seeking to reverse or modify the initial decision of the administrative Administrative law Law judge Judge shall must file with the board Board a designation of the relevant parts of the record for review (“designation of record”). Designations of record must be filed with the board within twenty (20) days of the date on which the board Board mails the initial decision to the parties’ address of record with the board Board.

2.	Even if no party files a designation of record, the record shall must include the following:

Aa.	All pleadings;

Bb.	All applications presented or considered during the hearing; 

Cc.	All documentary or other exhibits admitted into evidence;

Dd.	All documentary or other exhibits presented during the hearing; 

Ee.	All matters officially noticed;

Ff.	Any findings of fact and conclusions of law proposed by any party; and

Gg.	Any written brief filed.

3.	Transcripts: transcripts will not be deemed part of a designation of record unless specifically identified and ordered. Should a party wish to designate a transcript or portion thereof, the following procedures apply:

Aa.	The designation of record must identify with specificity the transcript or portion thereof to be transcribed. For example, a party may designate the entire transcript, or may identify witness(es) whose testimony is to be transcribed, the legal ruling or argument to be transcribed, or other information necessary to identify a portion of the transcript.

Bb.	Any party who includes a transcript or a portion thereof as part of the designation of record must order the transcript or relevant portions by the date on which the designation of record must be filed (within twenty (20) days of the date on which the board Board mails the initial decision to the parties).

Cc.	When ordering the transcript, the party shall must request a court reporter or transcribing service to prepare the transcript within thirty (30) days. The party shall must timely pay the necessary fees to obtain and file with the board Board an original transcription and one (1) copy within thirty (30) days.

Dd.	The party ordering the transcript shall must direct the court reporter or transcribing service to complete and file with the board Board the transcript and one (1) copy of the transcript within thirty (30) days.

Ee.	If a party designates a portion of the transcript, the opposing party may also file a supplemental designation of record, in which the opposing party may designate additional portions of the transcript. This supplemental designation of record must be filed with the board Board and served on the other party within ten (10) days after the date on which the original designation of record was due.

Ff.	An opposing party filing a supplemental designation of record must order and pay for such transcripts and portions thereof within the deadlines set forth above. An opposing party must also cause the court reporter to complete and file with the board Board the transcript and one (1) copy of the transcript within thirty (30) days.

Gg.	Transcripts that are ordered and not filed with the board Board in a timely manner by the reporter or transcription service due to non-payment, insufficient payment, or failure to direct as set forth above will not be considered by the board Board.

D.	Filing of Exceptions and Responsive Pleadings

1.	Any party wishing to file exceptions shall must adhere to the following timelines:

Aa.	If no transcripts are ordered, exceptions are due within thirty (30) days from the date on which the board Board mails the initial decision to the parties. Both parties’ exceptions are due on the same date.

Bb.	If transcripts are ordered by either party, the following procedure shall will apply. Upon receipt of transcripts identified in all designations of record, the board Board shall will mail notification to the parties stating that the transcripts have been received by the board Board. Exceptions are due within thirty (30) days from the date on which such notification is mailed. Both parties' exceptions are due on the same date.

2.	Either party may file a responsive pleading to the other party's exceptions. All responsive pleadings shall must be filed within ten (10) days of the date on which the exceptions were filed with the board Board. No other pleadings will be considered except for good cause shown.

3.	The board Board may in its sole discretion grant an extension of time to file exceptions or responsive pleadings, or may delegate the discretion to grant such an extension of time to the board’s Board’s designee.

E.	Request for Oral Argument

1.	All requests for oral argument must be in writing and filed by the deadline for responsive pleadings. Requests filed after this time will not be considered.

2.	It is within the sole discretion of the board Board to grant or deny a request for oral argument. If oral argument is granted, both parties shall will have the opportunity to participate.

3.	Each side shall will be permitted ten (10) minutes for oral argument unless such time is extended by the board Board or its designee.

13.11	A controlling appraiser must inform the Board in writing within ten (10) days of conviction of, entering a plea of guilty to, entering a plea of nolo contendere, or entering an alford plea, or receiving a deferred judgment and sentence 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 jurisdictions.

13.12	A controlling appraiser, or an approved designee of a licensed appraisal management company, must inform the Board in writing within ten (10) days when an owner of an appraisal management company, possessing more than ten percent ownership of the licensed entity, has been convicted of, entered a plea of guilty to, entered a plea of nolo contendere, or entered an alford plea, or receiving a deferred judgment and sentence 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 jurisdictions.