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Nebraska Real Property Appraiser Board


DISCIPLINARY PROCEEDINGS

The Nebraska Real Property Appraiser Board administers and enforces the Real Property Appraiser Act and may, upon its own motion, and shall, upon the written complaint of any aggrieved person, cause an investigation to be made with respect to an alleged violation of the Real PropertyAppraiser Act by any credential holder or applicant for credentialing under the act. The Board may revoke or suspend the credential or otherwise discipline a credential holder or deny any application for any of the acts or omissions set forth in §76-2238.

The Real Property Appraiser Board has adopted the policy that the identities of citizens filing complaints will be confidential. The source of a complaint is an essential element of the investigation and, as such, is confidential information.

All complaints must be in writing and signed on the Board approved Complaint Form (pdf 8k). The complaint shall set forth in clear and concise language the alleged violations of the Act, the Rules and Regulations (Title 298) of the Board, or the standards of professional appraisal practice or ethical rules evidenced by the Uniform Standards of Professional Appraisal Practice. No verbal complaints will be received or investigated. The Board will not enter into disputes over the valuation or evaluation of any property.  

Once a complaint is received, a letter is mailed to the complainant, acknowledging the receipt of the complaint. The person filing the complaint is not considered to be a party to the complaint and as such has no control over the course of action taken in the disciplinary proceedings.   

Once the complaint is received, a determination is made as to whether the complaint is an appropriate disciplinary case.  Examples include jurisdiction, a collateral attack, pending law suits or a request for advice.  

A certified letter is mailed to the respondent stating that a complaint has been filed with the Board and the nature of the complaint.  This letter requests a response to the complaint and a true copy of the appraisal report and workfile, including all pertinent documents within 14 days. 

The Board makes no assumptions as to the validity of the complaint and normally will wait until the response is received from the respondent before proceeding with an investigation.   

Upon receipt of the response and all documentation, the Board analyzes the complaint, the response and all pertinent documents to determine the alleged violations.  To determine whether or not there is evidence of a violation, the Board may obtain technical or investigatory assistance.    

The Board may appoint a person or persons to assist with the investigation. The Board employs investigators who are state-certified real property appraisers.  It may be necessary to use other individuals of special knowledge outside the scope of services for a real property appraiser.  This is determined on a case-by-case basis.   The Board’s investigators concentrate their responsibilities on matters of appraisal that pertain to the Uniform Standards of Professional Appraisal Practice, the Real Property Appraiser Act, Title 298, Rules and Regulations and state law.