The Board proposes the rule amendment in order to include a penalty for the violation of failing to provide direct supervision or training of trainee appraiser and to change the penalty for a supervisory appraiser employed by a trainee appraiser.  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
    Florida Real Estate Appraisal Board

    RULE NO: RULE TITLE
    61J1-8.002: Disciplinary Guidelines
    PURPOSE AND EFFECT: The Board proposes the rule amendment in order to include a penalty for the violation of failing to provide direct supervision or training of trainee appraiser and to change the penalty for a supervisory appraiser employed by a trainee appraiser.
    SUMMARY: A penalty for violation of failing to provide direct supervision or training of a trainee appraiser will be added to the rule; the penalty for a supervisor appraiser employed by a trainee appraiser will be changed.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    SPECIFIC AUTHORITY: 455.2273, 475.614 FS.
    LAW IMPLEMENTED: 455.227, 475.622, 475.6221(3), 475.624, 475.626 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Thomas O’Bryant, Deputy Director, Division of Real Estate, 400 West Robinson Street, Hurston Building, North Tower, Suite N801, Orlando, Florida 32801

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    61J1-8.002 Disciplinary Guidelines.

    (1) through (2) No change.

    (3) The penalties are as listed unless aggravating or mitigating circumstances apply pursuant to subsection (4):

     

    VIOLATIONS

    RECOMMENDED RANGE OF PENALTY

    (a) through (aa) No change.

     

    (bb) Section 475.6221(3), F.S.

     

    Supervisory appraiser employed by a trainee appraiser.

    The usual action of the Board shall be to impose a penalty of up a 5 year suspension to revocation and an administrative fine of $51,000.00

    (cc) Section 475.6222, F.S., failure to provide direct supervision or training of trainee appraiser.

    The usual action of the Board shall be to impose a penalty of up to revocation and an administrative fine up to $5,000.00.

     

    (4) No change.

    Specific Authority 455.2273, 475.614 FS. Law Implemented 455.227, 475.622, 475.6221(3), 475.624, 475.626 FS. History–New 1-7-92, Formerly 21VV-8.002, Amended 1-9-94, 8-17-97, 6-8-03, 12-4-06, _______.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Real Estate Appraisal Board
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Florida Real Estate Appraisal Board
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 6, 2007
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 31, 2007

     

Document Information

Comments Open:
10/5/2007
Summary:
A penalty for violation of failing to provide direct supervision or training of a trainee appraiser will be added to the rule; the penalty for a supervisor appraiser employed by a trainee appraiser will be changed.
Purpose:
The Board proposes the rule amendment in order to include a penalty for the violation of failing to provide direct supervision or training of trainee appraiser and to change the penalty for a supervisory appraiser employed by a trainee appraiser.
Rulemaking Authority:
455.2273, 475.614 FS.
Law:
455.227, 475.622, 475.6221(3), 475.624, 475.626 FS.
Contact:
Thomas O’Bryant, Deputy Director, Division of Real Estate, 400 West Robinson Street, Hurston Building, North Tower, Suite N801, Orlando, Florida 32801
Related Rules: (1)
61J1-8.002. Disciplinary Guidelines