Friday, September 16, 2011

Call to action real estate appraisers in California - Mary Cummins

SUBJECT: Call To Action

It’s BAD!  In fact it does not get any WORSE! Please, get mad, take action, write Governor Jerry Brown… RIGHT NOW!  This Bill is on his desk.

Governor Brown… please VETO SB706

Excerpt from SB 706:

SEC. 35. Section 11317.2 is added to the Business and Professions Code, to read:
11317.2. (a) In addition to publishing the summary required by Section 11317, the office shall provide on the Internet information regarding the status of every license and registration issued by the office in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses and registrations issued by the office and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure, registration, or regulation by the office.

Below are some things you can say…  but please, don’t cut and paste the entire thing. Pick one of two or ideas or better yet, write you own comments. The facts are simple. If someone accused you of something and you had no chance to defend yourself, and no opportunity to confront your accuser, you would be smeared in PUBLIC.  How do you feel about that? Your reputation, all those years of hard work, down the drain

·         The OREA website currently publishes information on suspensions and revocations (or surrenders) of licenses, following the direction and example of the federal Appraisal Subcommittee. The public is being protected now!

·         The National Registry of the Appraisal Subcommittee only lists revocations, voluntary surrenders, and suspensions of appraisal licensees, AFTER an adjudicative hearing has been completed in the jurisdiction where a violation has occurred.  This makes sense!

·         SB 706 adds “…accusations filed pursuant to the Administrative Procedures Act” to the items that must be listed by OREA. Very bad public policy. This is why we  “don’t yell Fire in a Theater." It destroys people.

·         The addition of accusations to the items to be listed fails to recognize the uniqueness of the appraisal profession, as compared to other professions regulated under the Department of Consumer Affairs.

·         Even the slightest hint of unfounded disciplinary action against an appraisal licensee can be the “kiss of death” to the appraiser’s business; it is equivalent to license revocation. So you destroy someone on a whim. Bad idea!

·         Publishing accusations against appraisers on the Internet prior to a hearing before an Administrative Law Judge may constitute a violation of  the appraisal licensee’s due process rights. Important in this country!

Take action now. Tell your appraiser friends. This is important.

Governor Brown VETO SB 706… please!

SB 760. Please take action immediately. Email, FAX or Call Governor Brown. Ask him to VETO SB760… this is the bill that requires “accusations” to be posted on the OREA website. So, if someone gets mad at you and accuses you of something – right or wrong – it goes public. This is bad public policy. Your reputation, the one you have spent years developing, is down the drain.
         Governor Jerry Brown    Tel: 916-445-2841
         Fax: 916-558-3160

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.

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