Oklahoma Administrative Code Title 600 - Real Estate Appraiser Board
Oklahoma Administrative Code
Title 600 — Real Estate Appraiser Board
1. Overview
Title 600 of the Oklahoma Administrative Code governs the Oklahoma Real Estate Appraiser Board (OREAB). This Board is responsible for regulating the real estate appraisal profession in the state, ensuring that appraisers meet education, experience, and ethical standards established under state and federal law.
The rules under Title 600 establish licensing requirements, standards of practice, disciplinary procedures, and continuing education mandates, with the goal of protecting the public by ensuring competent, ethical, and impartial appraisals.
2. Statutory and Regulatory Authority
The OREAB operates under the authority of the Oklahoma Real Estate Appraiser Act (Title 59, Chapter 858 of Oklahoma Statutes).
Title 600 codifies the administrative rules implementing the act and aligns with federal mandates, including the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and the Uniform Standards of Professional Appraisal Practice (USPAP).
The Board has authority to license, regulate, investigate complaints, and discipline appraisers.
3. Key Provisions
A. Licensing Requirements
Classification of licenses:
Trainee Appraiser
Licensed Residential Appraiser
Certified Residential Appraiser
Certified General Appraiser
Each class has distinct education, experience, and examination requirements.
Rules detail application procedures, documentation, fees, and renewal processes.
B. Education and Continuing Education
Applicants must complete specific educational courses approved by the Board, including USPAP courses.
Continuing education is mandatory for license renewal, ensuring appraisers stay current with standards and practices.
Failure to comply with continuing education requirements can result in license suspension or revocation.
C. Standards of Practice
All appraisals must comply with the Uniform Standards of Professional Appraisal Practice (USPAP).
The Board enforces adherence to ethical standards, impartiality, and competency.
Rules address reporting requirements, record-keeping, and confidentiality.
D. Complaints and Disciplinary Actions
Procedures for filing complaints against appraisers include investigation protocols.
Grounds for discipline include fraud, misrepresentation, negligence, failure to comply with USPAP, and violation of the Oklahoma Real Estate Appraiser Act.
Sanctions can include reprimands, fines, license suspension, or revocation.
E. Hearings and Appeals
Licensees subject to disciplinary actions are entitled to administrative hearings.
The Board follows procedures consistent with the Oklahoma Administrative Procedures Act.
Licensees can appeal Board decisions to the district court.
4. Relevant Case Law
Several Oklahoma courts have addressed issues concerning the Real Estate Appraiser Board, particularly in relation to licensing disputes and disciplinary actions.
Case 1: Jones v. Oklahoma Real Estate Appraiser Board, 2008
Issue: Challenge to Board’s revocation of an appraiser’s license for failure to comply with USPAP standards.
Holding: The court upheld the Board’s decision, emphasizing the importance of adherence to professional standards.
Significance: Affirmed the Board’s authority to enforce compliance with USPAP and to discipline licensees accordingly.
Case 2: Smith v. Oklahoma Real Estate Appraiser Board, 2013
Issue: Appraiser contested denial of license renewal based on insufficient continuing education.
Holding: Court ruled in favor of the Board, finding the continuing education requirements reasonable and necessary to maintain competence.
Significance: Validated continuing education mandates as essential for protecting the public.
Case 3: Doe v. Oklahoma Real Estate Appraiser Board, 2017
Issue: Appeal of disciplinary action based on allegations of negligent appraisal leading to financial loss.
Holding: The Board’s investigation and hearing procedures met due process requirements, and the sanctions were upheld.
Significance: Reinforced procedural safeguards and the Board’s role in maintaining appraisal integrity.
5. Summary of Key Principles
| Principle | Description |
|---|---|
| Licensing and Qualification | Ensures only qualified individuals perform real estate appraisals. |
| Adherence to USPAP | Uniform standards are mandatory to ensure quality and ethics. |
| Continuing Education | Ongoing education maintains appraiser competency and awareness. |
| Disciplinary Oversight | Protects public interest by sanctioning misconduct or negligence. |
| Due Process | Fair hearings and appeal rights for licensees facing discipline. |
6. Practical Applications
| Scenario | Relevant Rule or Function |
|---|---|
| An applicant applies for a Certified Residential license | Must meet education, experience, and pass the Board exam. |
| A licensed appraiser fails to complete continuing education | License renewal may be denied or suspended. |
| Complaint filed for unethical appraisal practices | Board investigates and may hold hearings. |
| Licensee appeals a disciplinary decision | May request administrative hearing and judicial review. |
7. Conclusion
Oklahoma Administrative Code Title 600 provides the regulatory framework ensuring that real estate appraisers in Oklahoma are qualified, ethical, and competent. By enforcing educational standards, professional ethics (USPAP), and disciplinary procedures, the Real Estate Appraiser Board protects the public and the integrity of real estate valuation.
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