Ohio Administrative Code Title 1301:16 - Real Estate Appraiser Board
🏢 Ohio Administrative Code Title 1301:16
Real Estate Appraiser Board
🔹 Overview
The Real Estate Appraiser Board regulates the licensing, certification, and conduct of real estate appraisers in Ohio. The goal is to ensure that appraisers are qualified, competent, and adhere to professional standards to protect the public in real estate valuation and transactions.
The Board operates under authority from Ohio Revised Code Chapter 4763 and implements regulations via the OAC Title 1301:16.
🔹 Key Provisions of OAC Title 1301:16
1. Licensing and Certification
Establishes different credential levels:
Trainee Appraiser,
Licensed Residential Appraiser,
Certified Residential Appraiser,
Certified General Appraiser.
Applicants must meet education, experience, and examination requirements as defined by state and Uniform Standards of Professional Appraisal Practice (USPAP).
2. Education and Continuing Education
Requires completion of approved appraisal courses.
Continuing education (CE) is mandatory to maintain licenses, ensuring appraisers stay current with industry standards.
3. Standards of Practice and Ethics
Appraisers must comply with USPAP, including:
Competency,
Confidentiality,
Independence,
Disclosure of any conflicts of interest.
Violations may result in disciplinary action.
4. Application Procedures
Rules on how to apply for initial licenses, renewals, and upgrades.
Documentation of education, experience, and exam results must be submitted.
5. Disciplinary Actions
The Board investigates complaints regarding:
Fraud or misrepresentation,
Incompetence,
Ethics violations,
Failure to comply with USPAP.
Sanctions can include reprimands, license suspension, revocation, fines, or probation.
6. Appeals and Hearings
Appraisers subject to disciplinary action are entitled to hearings.
Board decisions may be appealed to state courts under Ohio’s administrative procedure laws.
⚖️ Relevant Case Law Principles
Though Ohio-specific case law on this Board is limited, common legal principles around professional licensing boards apply:
âś… 1. Due Process in Licensing and Discipline
Principle:
Applicants and licensees are entitled to fair notice, an opportunity to respond, and a fair hearing before adverse action like suspension or revocation.
✅ 2. Board’s Discretion and Judicial Review
Principle:
Courts give deference to the Board’s expertise in technical appraisal standards but may review whether decisions are arbitrary, capricious, or unsupported by evidence.
âś… 3. Protection of Public Interest
Principle:
Licensing and disciplinary rules are upheld if they serve the legitimate state interest of protecting the public from incompetent or unethical appraisers.
âś… 4. Compliance with USPAP
Principle:
Failure to follow USPAP can be grounds for disciplinary action and is widely recognized by courts as a professional standard.
🔎 Hypothetical Case Example
Scenario:
An appraiser is accused of inflating property values to favor a client. The Board investigates and holds a hearing. Evidence shows the appraiser knowingly violated USPAP ethics.
The Board suspends the license.
The appraiser appeals, claiming insufficient evidence.
The court upholds the suspension, finding the Board’s decision supported by substantial evidence.
đź“Ś Summary Table
| Aspect | Explanation |
|---|---|
| Licensing Levels | Trainee, Licensed Residential, Certified Residential, Certified General |
| Education & Exams | Required for initial and continued licensure |
| Standards | Compliance with USPAP and ethical rules |
| Disciplinary Process | Investigation, hearings, sanctions |
| Judicial Review | Courts defer to Board unless decisions lack evidentiary support |
| Public Protection Goal | Ensures competent, ethical appraisal practice |
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