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17-14-408. Prohibited activities.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-14-408. Prohibited activities.
(a) An employee, director, officer, or agent of an appraisal management company or any other third party acting as a joint venture partner with or independent contractor for an appraisal management company shall not improperly influence or attempt to improperly influence the development, reporting, result, or review of a real estate appraisal, including without limitation through the use of intimidation, coercion, extortion, bribery, blackmail, threat of nonpayment or withholding payment for appraisal services, or threat of exclusion from future appraisal work.
(b) A registrant shall not:
(1) Require an appraiser to collect the appraisal fee from a borrower, homeowner, or other third party;
(2) Require an appraiser to provide the registrant with the appraiser's digital signature or seal;
(3) Alter, amend, or change an appraisal report submitted by a licensed or certified appraiser, including without limitation by:
(A) Removing the appraiser's signature or seal; or
(B) Adding or removing information to or from the appraisal report;
(4)(A) Allow the removal of an independent appraiser from an appraiser panel without prior written notice to the appraiser.
(B) Written notice shall include written evidence of:
(i) The appraiser's illegal conduct;
(ii) A violation of the minimum reporting standards under § 17-14-202(b) or other applicable statutes or rules;
(iii) Substandard performance; or
(iv) Otherwise improper or unprofessional behavior;
(5) Enter into contracts or agreements with an independent appraiser for the performance of appraisal services unless the independent appraiser is licensed or certified in good standing with the Arkansas Appraiser Licensing and Certification Board;
(6) Request that an apprais
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-14-408
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-14-408
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: aeeef8ef0fd94a4de2a55d8c495e38825d783a0e04f9e43b4406c10e691a38b4
Source location: content.xml paragraph 2474
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17-14-408. Prohibited activities.
(a) An employee, director, officer, or agent of an appraisal management company or any other third party acting as a joint venture partner with or independent contractor for an appraisal management company shall not improperly influence or attempt to improperly influence the development, reporting, result, or review of a real estate appraisal, including without limitation through the use of intimidation, coercion, extortion, bribery, blackmail, threat of nonpayment or withholding payment for appraisal services, or threat of exclusion from future appraisal work.
(b) A registrant shall not:
(1) Require an appraiser to collect the appraisal fee from a borrower, homeowner, or other third party;
(2) Require an appraiser to provide the registrant with the appraiser's digital signature or seal;
(3) Alter, amend, or change an appraisal report submitted by a licensed or certified appraiser, including without limitation by:
(A) Removing the appraiser's signature or seal; or
(B) Adding or removing information to or from the appraisal report;
(4)(A) Allow the removal of an independent appraiser from an appraiser panel without prior written notice to the appraiser.
(B) Written notice shall include written evidence of:
(i) The appraiser's illegal conduct;
(ii) A violation of the minimum reporting standards under § 17-14-202(b) or other applicable statutes or rules;
(iii) Substandard performance; or
(iv) Otherwise improper or unprofessional behavior;
(5) Enter into contracts or agreements with an independent appraiser for the performance of appraisal services unless the independent appraiser is licensed or certified in good standing with the Arkansas Appraiser Licensing and Certification Board;
(6) Request that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal report or provide estimated values or comparable sales at any time before the appraiser completes an appraisal report;
(7)(A) Except as provided in subdivision (b)(7)(B) of this section, provide to an appraiser an anticipated, estimated, encouraged, or desired value for a property or a proposed or target amount to be loaned to the borrower.
(B) A copy of the sales contract for purchase transactions may be provided;
(8) Commit an act or practice that impairs or attempts to impair an appraiser's independence, objectivity, or impartiality; or
(9) An appraisal management company shall not require an:
(A) Employee of the appraisal management company who is an appraiser to sign an appraisal that is completed by another appraiser who contracts with the appraisal management company in order to avoid the requirements of this subchapter; or
(B) Appraiser on the appraisal management company's appraiser panel to pay or reimburse the appraisal management company for the Appraisal Management Company National Registry fee.
(c) Subsection (a) of this section does not prohibit an appraisal management company from requesting that an independent appraiser:
(1) Provide additional information about the basis for a valuation;
(2) Correct objective factual errors in an appraisal report; or
(3) Provide further detail, substantiation, or explanation for the appraiser's value conclusion.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-14-202. Powers and duties — Reporting standards — Qualification standards.
(a) The Arkansas Appraiser Licensing and Certification Board may establish, maintain, report, and periodically update meaningful qualification standards for state-licensed, registered apprentice, and state-certified appraisers practicing in the State of Arkansas, including testing, experience, and educational requirements that:
(1) Are adequate to demonstrate knowledge and competency; and
(2) Will further demonstrate the continued compliance with:
(A) All applicable federal law and regulations, including Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and related requirements of the federal financial institutions regulatory agencies; and
(B) The minimum standards and qualifications as promulgated by the Appraisal Standards Board and the Appraiser Qualifications Board of the Appraisal Foundation.
(b) The Arkansas Appraiser Licensing and Certification Board may adopt, maintain, report, and periodically update minimum reporting standards for state-registered, state-licensed, registered apprentice, and state-certified appraisers practicing in the State of Arkansas. The reporting standards shall:
(1) Be equivalent to the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Standards Board of the Appraisal Foundation; and
(2) At all times seek compliance with:
(A) All applicable federal law and regulations, including Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and related requirements of the federal financial institutions regulatory agencies; and
(B) The minimum standards as promulgated by the Appraisal Standards Board of the Appraisal Foundation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-14-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-14-202. This identifies an authority to review, not proof of applicability.