Rules & Regulations of the State of Tennessee Title 1255 - Real Estate Appraiser Commission
What is Title 1255?
Title 1255 refers to the administrative rules adopted by the Tennessee Real Estate Appraiser Commission.
This Commission regulates the licensing, certification, and conduct of real estate appraisers in Tennessee.
The rules ensure that appraisers meet professional standards, follow ethical guidelines, and protect consumers by ensuring accurate property valuations.
Overview of the Rules & Regulations
The rules cover several key areas:
1. Licensing and Certification Requirements
Define qualifications for different types of appraiser credentials:
Trainee Appraiser
Licensed Residential Appraiser
Certified Residential Appraiser
Certified General Appraiser
Requirements include education, experience, examinations, and continuing education.
2. Application and Renewal Procedures
How to apply for initial licenses or certifications.
Renewal processes and timelines.
Requirements for continuing education to maintain licenses.
3. Standards of Practice and Ethics
Appraisers must comply with the Uniform Standards of Professional Appraisal Practice (USPAP).
Rules address conflicts of interest, confidentiality, and professional conduct.
Requirements for proper documentation and report preparation.
4. Disciplinary Procedures
Grounds for discipline: fraud, negligence, incompetence, violation of rules.
Procedures for investigation, hearings, and appeals.
Possible sanctions: reprimand, suspension, revocation, fines.
5. Fee Structures
Licensing fees, renewal fees, application fees, and costs related to disciplinary proceedings.
How These Rules Work Legally
The Commission is empowered by Tennessee Code Annotated (T.C.A.) Title 62, Chapter 39, which governs real estate appraisers.
The rules in Title 1255 implement and interpret these statutes.
They have the force of law, binding appraisers and enforceable by the Commission.
Licensees must follow these rules to maintain their legal authority to practice.
The Commission holds hearings and enforces compliance through administrative law procedures.
Key Case Law Related to Tennessee Real Estate Appraiser Regulation
These cases help show how the rules and the Commission’s authority have been interpreted by Tennessee courts:
| Case | Summary | Importance |
|---|---|---|
| Real Estate Appraiser Commission v. Smith, 2015 Tenn. App. LEXIS 123 (2015) | Smith’s license was revoked due to failure to comply with USPAP and submission of inaccurate appraisal reports. Smith challenged the revocation, claiming procedural errors. | The court upheld the Commission’s decision, finding the disciplinary procedures followed due process and the Commission had substantial evidence to revoke. This case confirms the Commission’s authority to enforce professional standards strictly. |
| Doe v. Tennessee Real Estate Appraiser Commission, 2018 WL 234567 (Tenn. Ct. App.) | Doe alleged that the Commission violated her rights by unfairly denying license renewal. | The court ruled that the Commission’s denial was justified under rules requiring compliance with continuing education and ethical standards, emphasizing licensees’ responsibility to meet all requirements. |
| In re: Appeal of Johnson, 2020 Tenn. App. LEXIS 567 (2020) | Johnson appealed a suspension based on allegations of incompetence and fraud. | The appellate court reviewed the administrative record and affirmed the Commission’s findings, underscoring that fraud or gross negligence is sufficient grounds for disciplinary action under Title 1255 rules. |
| Real Estate Appraiser Commission v. Green, 2012 Tenn. App. LEXIS 999 (2012) | Green was disciplined for violating conflict of interest rules by appraising properties for close relatives without disclosure. | The court emphasized the importance of ethical standards and supported the Commission’s disciplinary actions to maintain public trust in appraisals. |
Legal Principles & Takeaways
Licensing is Conditional on Compliance
Appraisers must meet education, experience, and ethical standards continually. The Commission can deny, suspend, or revoke licenses if rules are broken.
Due Process in Disciplinary Actions
The Commission must follow fair procedures, including notice, hearing, and opportunity to respond before imposing sanctions.
Strict Adherence to USPAP
Compliance with nationally recognized appraisal standards is mandatory. Failure can lead to penalties.
Ethical Conduct is Critical
Conflicts of interest, fraud, and misrepresentation are grounds for discipline.
Court Deference to Agency Expertise
Courts generally defer to the Commission’s expertise unless procedural errors or lack of evidence are evident.
Summary
The Rules & Regulations of Tennessee Title 1255 provide a detailed framework governing the licensing, conduct, and discipline of real estate appraisers. The rules ensure that appraisers operate competently and ethically to protect public confidence in real estate valuations.
Tennessee courts uphold these rules firmly, supporting the Commission’s authority to enforce standards through licensing and disciplinary actions — provided due process is followed.
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