BEFORE THE REAL ESTATE APPRAISERS BOARD FOR THE STATE OF NEW MEXICO INTHE MATTER OF: G. VINCENT BARRETT LICENSE NO. 506-6 Case No. 21, 14-08-22 Respondent. NOTICE OF CONTEMPLATED ACTION 6. Vincent Bart (‘Respondent is ceased under the New Merico Real Este Appmisers Act, NMSA 1978, §§61-3-1 0 61-30-24 (2005) and as such, was subject to the Jiwistiction ofthe New Mexico Real Estate Appraisers Board ‘Bourd”) atthe time of the Violations alleged in this Notice of Contemplais Action and is curently subject to the ition ofthe Board 2, Respondent is herby noifed thatthe Board has before it suficen evidence which if at rbuted or satisfactorily explained ta formal hearing, wl justify the Board in taking action t0 fine, andlor deny, revoke, suspend, stipulate or otherwise limit or take oer icplinary action against Respondent's Tcense 19 practice as an appraiser in New Mexico pursuant fo NMSA 1978 § 61-30-15 5, Authority: Acton is contemplated to suspend ot revoke Respondent's lense andlor to imoote other dscptiney messres purant the following states and regulations: [Ac Statutrs The New Mexico Real Este Appts Act, NMSA 1978, {$461-01 to 61-3024, empowers the Board to “Yo disiline appssers for ‘volition ofthe Real Esate Appraisers Act and rules adopted pursuant this Aetin order 10 protect the public who will be relying upon ral estate appraisals. [NMSA 1978, $61-30-7 (L) (2003) and NMSA 1978, §6-30-2 (B) (1990). More specifically [NMSA 1975, §61-30-7 (2008) Board; powers duties, ‘The Board sal: L.___estublsh procedures for disciplinary ation in accordance with the Uniform Licensing Act [61-I-1 NMSA 1978] aginst any applicant or holder of a registration, license or certificate for violations of the Real state Appraisers Act and any rules adopted pursuant to provisions ofthat NMSA_1976,_§61-30-15 (2011) Refusal, suspension or revocation of ‘saiatration license or certificate, ‘A. The boar, consistent with Section 61-30-7 NMSA. 1978, sball refise to issue or renew a registration, license or certifi or shall suspend or evoke a registration license or eetfeate at anytime ‘when the applicant, state apprentice real esate appraiser, state licensed real esate appraise or tat cerified real estat appraise, in performing or atempting to perform any ofthe scion set forth in the Real Este Appreises Act. {commits any ofthe stated sections} B, The board, consistent with Section 61-30.7 NMSA 1978, shall tefise to sue of renew a registration, license or ceifate and shall suspend or revoke a registration, license or crificate at any time when the board detemnines that the applicant or ste apprentice ral esate appaiser, sate licensed reel esate appraiser oF state certified rel estate appraiser inthe performance of rel estat appraisal work... commits any ofthe stated actions. NMSA 197866 salient of rood waning, ‘A. Bach tte apprentice seal estat appraise, state licensed realestate appraiser or sate cerified real extate appraiser shall comply with generally sccepied standards of profesional appraisal practice and ‘enerlly accepted ethical rules to be observed by 8 real estate appraiser. Generally accepted standarés of professional appraisal practice are curently evidenced by the uniform standards of 13) Standards of profs Sedansprofessional appraisal practice promulgated by the spyaisat oundation and as adopted by rule pursuant to provisions of the Real Estate Appraisers Act. ‘As. result the Board may order in sdition to what allowed by RMSA 1978, §61-30-15 NMSA 1978, 461 8. Inthe even any person has engaged in or proposes o engage in any Act or practice violating a provision ofthe Real Esse Appraisers ‘Ac, the atomey gener... upon application from the boss, maintsin an action in the name of the state to prosecute the Violation C. The board may impose a civil penalty in an amount not to exceed ‘one thousand dolars ($1,000) french violation ofthe Real Estate Appmssers Act and. assess adminisative costs for any investigation and administrative or other proceedings aginst & state apprentice real estate appraiser, state licensed real estate npaisror sate certified rel este appar. 1-3 (L) (1993) Opportunity for Licensee to have Every liseasee or applicant shal be afforded notice and an opportunity to be hear, before the board has the authority to take any ection hich ‘would ulin. Paymenl of fine fra violation not to exced one thousand olla (1,000) for each violation, unless a greater amount is provided by lave NMSA 1978, g61-1-4G) (2003) Notice of ted lon; reques forbear r Licenses shall bear all costs of disciplinary proceedings unless they are excused by the board frm paying all or ar of the fees or if they prevail atthe hearing and an action specified in Seton 61- 1.3 NNSA 1978 isnot shen by the board. Iris alleged tht Respondent violated the following statues NMSA_1978, 961-3015 (2003) Refusal, suspension or_revocs ‘ogistration, lense or cerifiente,The bour, consistent with Section 61-30-7 NMSA 1978, shall refuse Issue or renew a registration, license or cries and shall suspend or revoke a registration, license or ceria t anytime when the board determines hat, the applicant or stale pprentice real esate appraiser, tte iensed rel esate appmiser or site ceriied realestate appraiser inthe performance of real ‘estate appraisal work has (1) Repeatedly fied to observe one or more of the standards for the development or communication of real estate appraisal se forth in the ules adopted pursuant oth Real Estate Appraisers Act, (2) Repeatedly filed or refused, without good cause, to exercise reatonable diligence in developing. an appraise, prepering an appraisal report or communicating an pprast, (9) Repeatedly" been negligent or incompetent in developing an appraisal, in preparing an appraisal report or in communicating en appraisal; (C. The action of the board relating tothe issuance, suspasion or revocation of any registration, license or certificate shall be governed by the provisions of ‘he Uniform Licensing Act. ‘NMSA 1978, § 61-30-16 2003) Standards of profesional appraisal practice, setifiate of sod standing ‘A. Each state apprentice real estate appraise, state licensed real estate appriser or sate certified real esate appraiser shall comply with severally accepted standards of professional appraisal practice and fenerally accepied ethical rules to be observed by a real etate appraiser. Generally accepted standards of professional appraisal practice “sre currently evidence by the uniform standards of professional apprastl practice promulgated by the appraisal foundation and es adopted by rule pursuant to provisions of the Real Estate Apprisers Act. Preamble: The purpose of the Unijorm Standards of Professional “Appraisal Practice (USPAP) isto promote and maintain a high level of public trust in appraisal practice by establishing requirements for appraisers. Iti essential that appraisers develop and communicate thet taniyses, opinions, and conclusions to intended users of their services in & ‘maner thet i meaningful and not misleading. ‘The Appraisal Standards Board promulgates USPAP for both appraisers and users of appraisal service. The apraser’s responsiblity isto protect the oveal public trust and it isthe importance of the role ofthe appraiser that places ethical obligations on those wo serve in his eapecty. USPAP refleets the eurent standards ofthe apprisl professionCompliance with USPAP is required when cither the service or the spprisr is obligated to comply by law oF relation, or by agreement ‘sith the olen or intended wer [S20 preamble for complate rae. ‘Sconeof Work Rule: For etch apes, sprasl review and appl consutngasignent an epraiser mus 1 eat he problem ob solved 2 determine and perform the seope of werk necessary to develop rede assignment results; and 3. dsl the cope of wok inthe report "An appraiser must propery ienfy the problem tobe solved in cxderw detrine he appropri scope of wa. The appraiser mast be repel 10 demonsoate thal the ape of work i scent 10 produce Ereibe assignment resus Comment Scope of work includes, but nt ined: the extent to which the property ised; 4 the extent to which tangible propery i inspected the type and extent of ta researched ard the type and extent of analyses applied to ave at opinions or onlsion. Credible signnent results require support by elvan evidence and logis. Teco of assignment results vay measured in tbe context of intended use. Ppolem Identification, An apprise: must gather and analyze infomation about those asignment lemens tht ae neces 10 Properly Hef the appraisal appa review of appraisal consltng problem ‘0. be solved. Assignment condies iaclude assumptions, eaordinay assumptions, hypthetical conditions, laws and relations, jiwniconal exceptions, nd oer condone that fest the sape of ‘work. ‘Seope of Work Acceptability, The scope of work mus incode he researc and anles tht ae necessary to deslop credible assignment rests {Commmeats: th scope of works acceptable whe tees or exces: ‘the expectations of parties who are repay intended ses foe similar assignments; and + what an appaier's pecs’ actions would be io pefomning the Same oe simile ssigament ‘An appraiser mst be prepared to support the decision to exclude any investigation, information, method, or technique that would appear relevant tothe client, another intended ser, or the appraiser's pees. AD ‘pps must not allow assignment conditions to imi the scope of work fen ie ebm cto into such a degree thatthe assignment results ae not credible in the context ofthe intended wee... An eppaisr mest not allow the intended use of an assignment or a client's objectives 1 cause the assignment resls 0 be biased Disclosue Obligations. The report must contain sufficient Information to allow intended users t understand the scope of work performed. ‘Comment: Proper disclosure is required because clients and other intended users rely on the assignment resus. Sufficient information includes Aisciosue of rewearch and analyses performed and might also include Aiselosore of research and analyses not performed ‘Standard Rule L In developing a el propesty appraisal, an aprsser must: (@) be avare of, understand, and comely employ those recognized methods and techniques that are nevessary to produce a crecible appaisal; Comment: This Standard Rule recognizes that the principle of change continues to affect the manner in which appraiser's perform appraisal services...Fach appraiser must continuously improve his or her alls to remain proficient in real property spprisal (©) not commit a substantial er or omission ox commission thet ‘Sgniicanty affects on appraisal; and Comment: An appriser must use sulficient care fo avoid eors that would signiicanly affect his or her opinions and conclusions. Diligence is required to identify and. analyze the facors, conditions, dat, and other information that would have @ sgnifian effet on the credibility ofthe asignment results (©) not render appraisal services in a cacess or negligent manner, such a8 by making a series of evors that, although individually ‘might not signitiantly affect the results of the appraisal, inthe agaregateaffecs the cebility of those esas ‘Comment. The Standard Rules require an appeiser to use dve Gligence and due care Ral 1-2: In developing a eal property appraisal, pocser must (©) ident the intended use of the appraiser's opinions and conclusions. cata‘Comment: A appraiser must nt allow the intended use of an assignment ‘oraclien’ objectives to cause the assignment results tobe bse. (€) entity the characteristics ofthe property that ar relevant to the type snd defistion of value ard intended use ofthe appraisal, including @itslocaton and physical, egal, nd economic tribute] (8) determine the scope of work necessary to produce credible assigament results in accordance with the SCOPE OF WORK RULE, Standard Rule 1-3: ‘When necesary for credible assignment results in developing a market value opinion, an appraiser mst (©) ldentify and analyze the effect on use and value of existing land tse regulation, reasonably probable modifications of such land tse regulations, economic supply and demand, the physics daptabily ofthe el esate, and market area tends; Comment: An appraiser must avoid making. an unsupported sssumption or premise about market area trends effective age and remaining ie. ‘Standard Rule 1-6; In developing a reel property appraisal, an appraiser must collect vei, and analyze all information necessary fr eredible assignment results (@ When a sales comparison epprosch is necesary for creible sssgnment real, an appraiser must analyze such comparable sales dats a are available india value conclusion, ‘Standard Rute LS: ‘When the value opinion 10 be developed is market value, an appniser ‘must, if such information i available tothe appraise inthe normal couse of busines: (@) analyze all agreements of sale, options, and listings of the sujet ‘property current a of the effective date of the sppsisal] ‘Standard Rule 1-6: Indeveloping area! property appaissl, an appraise must (@) reconcile the quality and quanti of data available and analyzed ‘within the approaches used: and (©) reconcile the applicability and relevance of the approaches, ‘methods and techniques used fo arive atthe value conclusion), ‘era Acton mesaStandard Rule 2-12 Esch written or oral real property appraisal report must: (@) clearly and accurately set forth the appraisal in manner that wil, ‘ot be misleading (©) contain sufiient information to enable the intended users ofthe ‘Spprazal fo understand the report properly, ‘Standard Rule 2.2 Each writen real property appraisal must be prepared under one ofthe {allowing tee options and prominently state which option is used: Sel Contained Appraisal Report, Summary Appraisal Report of Restrict Use Appraisal Repor. ‘Comment..the report content and level of information requirements se Fort n this Standard ere minimums fo each 'ype of report. An appraiser ‘ust supplement report form when necessary o ensure tht any imtended user ofthe appraisal is not misled and that the report complies withthe applicable content requirements st fri inthis Standards Rule (O)The content of a Summary Appraisal Report must be consistet With the intended use of the appraisal an, a minimum: (it) summarize information suficlent to identify the real estate involved in the appraisal, including the physical, legal, and econonic ‘property characteristics relevant to the assignment, ‘Comment: The real estate involved inthe appraisal can be specified, for ‘oample, by legal description, address, map reference, copy ofa suney ‘or map, property sketch, andor photographs or the like. ‘The summarized information can include a propetyskech and photographs insdtion to writen comments about the legal, physical and economic tributes ofthe real estate relevant to the type and definition of value and intended use of the appraise (vi summarize the scope of work used to develop the appease, ‘Comment: because intended users" reliance on en appraisal may be affected by the sope of work, the repor must enable them tobe prope informed and not misled. Suffiiem foformation includes disclosure of research and analyses performed and might also include disclosure of research and analyses not performed (i) summarize the information analyze, the appraisal methods land techniques employed, and the reasoning tat supports the analy, ‘pinion, and conclusions; exclusion of the sales comparison approach, ‘ost approach, or income approach must be explained. ‘Comment: A summary Appraisal Report must include sufficient {information to indicate thatthe appraiser complied withthe requirements Serene ne pce fond ‘ower esmapae sn neicefalown of STANDARD 1. The amount of detail required will vary with the nificance ofthe information to the appraisal ‘The appraiser must provide sufficient information to enable the client and intended users to. understand. the rationale for the opinions. and conclusions, including reconcliation of the data and approaches, in ‘accordance with Standard Re 1-6 ‘When reporting an opinion of market value, a summary ofthe results of. analyzing the subject sales, options, and listings in accordance wih Standard Rule 1-5 is required. If such information is unobtainable, @ statement on the effors undertaken by the appraiser to obtain the information is required. IF such information is ielevat, a statement ‘acknowledging the existence of the information and citing its lack of relevance is required. Evidence: The general nature ofthe evidence before the Board is summarized as ‘A. Stating in or around June 2014, Respondent undertook an appraisal of the current market value of a sbcacre parce atthe comer of HR Ashbaugh Dr. and Sanford Wilson Ral, within the New Hot Springs Retsil Center, the proposed locaton ofthe Spaceport Welcome Cente B. On August 22, 20 complaint was filed by Sophia Peron ad Avil Dougherty against Respondent bated on the spoil ©. The complaint alleged that the appraisal was biased, was based on ‘inaccurate dt, and failed to disclose Respondent's conlict of intrest. D. By eter died August 2, 2014, Respondent provide an explanation to the Boaré of hs actions in completing the apps. In that eter, Respondent expetsed his opinion that the complainants ha personal bis aginst him and 1 opposition to the projet for wich he conducted thy appr and that there ‘was nothing biased or inaccurate about his eprasal Feet AinF, _A field peer review appraiser was hired bythe Board to conduct a review ‘of Respondent's appraisal F. The field peer reviewer concluded that Respondent filed to disclose a conflict of interest, namely his ownership of + parcel of land in the same subdivision asthe subject of the apprasl; that Respondent filed to comply with USPAP standards; that Respondent rendered appraisal services in catles/ngligent manner; and that Respondents spprasl filed to cleatly and accurately report the infomation $0 as nt tobe ws on ha th ppl filed to contin sii nformation to enable nended users to understand the report 5. By engging inthe above-referenced conduct, Respondent volatd NMSA 1978, § 61-30-15 B (1), (2) and (3; NMSA 1978, NMSA 1978, §61:0-15 C; NMSA 1978, NMSA. 1978, § 61-30-16 A; and the following USPAP rules: Preamble, Scope of Work, Standard Rule 1-1 (a), (b) and (Standard Rue 1-2 (b) (oN) and (hy Standaré Rule 1-3 (Standard Rule 1 4 (@ Standard Role 1-5); Standard Rule 1-6) and (b;Stendard Rule 2 (a) and (and Standard Role 22) i, (i nd (vi. 16. Unless rebated or expined at formal hearing, te evidence before the Bord iz sufcen 1 jus the Boal in suspending ox revoking Reponden's Rel Esue Appaises license in New Mexioo andor take ther sspliary ston 17. The formal hearing, i requested, will be conducted pursuant to NMSA, 1978, §§ 61-1-1 hough 6 Licensing Aet, Pursuant to NMSA 1978, §61-I-8 the license is 33 (200) ofthe New Mexico Uniform specifically advted as follows: SevMle Rel ee pe os SestoNMSA rt cant to have hearin [Every Hcensee ot applicant shall be afforded notice and an opportunity to be heard, before the board has authority to take any ation, which would est in suspension of license; revocation of license; restrictions or limitations onthe scope of a practice; the requirement tat the applicant complete @ program of remedial eduation or teatment, ‘monitoring ofthe practice by a supervisor approved by the E E G 4 the censure or reprimand ofthe license or applicant; K. compliance with conditions of probation ot suspension for 9 Specific period of time; L_payment of @ fine for @ volstion not to exceed one thousand Sollars ($1,000) foreach violation, unless a greater amount is provided by law, ‘corrective action, a5 specified by the board, ‘refund tothe consumer of fees that were billed to and collected fom the consumer by the license; (NMSA 1978, §61-1-8 (1981) Rights of person enlited to hearing, ‘A. A.personenltled to be heard under the Uniform Licensing Act NMSA 1978, § §61-1- to 61-1-31] shal have the right to be represented by counsel or by a licensed member of his own profession or cecupation, or both; to present ell relevant evidence by means of witnesses and books, papers, documents and other evidence; to examine all opposing witnesses who appear on any matter relevant to the issues; and to have subpoenas and subpoenas duces tecum issued as of right ior tothe commencement of th hearing to compel discovery andthe attendance Of witnesses end the production of relevant books, papers, documents and other evidence upon making written request therefor tothe board or the fearing officer. ‘The issuance of such subpoenas after the commencement ofthe hearing rests in the discretion of the board or hearing officer. All notices issued pursuant to [NMSA 1978, § 6-1-4 shall contain staterent ofthese rights M, N. BB. Upon writen request to another party, any party is ented to (1) obtain the names and addresses of witnesses who will or may be called by the other party to testify atthe hearings and €2) inset an op ny document ots wich he ter pry wi ty iecvert vtec he feng See‘The paty to whom such a request is made shall comply with it wihin ten days afer he mailing or delivery of the request. No such request shall be made less than ifeen days before the hearing CC Any party may take depositions aftr sevice of notice in accordance with the Rules f Civil Procedure for te District Cours. Depostions may be used asin proceecings governed by thse rues R.Unless the foregoing evidence i explained or eehuted foal hearing, 8 constitutes justin and ease for the New Mexico Rel state Appraisers Board to ake he contemplated ction stated herein. A cevotton of iene isued bythe New Mexico Rel Estate Appasrs Board and held by you, or oher remedies avilable tothe Board wil occur less you request © formel hosing by mailing a cerifid,retum receipt requested leter requesting a haring within twenty (20) days after sevice of this Notice of Contemplated Action 9. Such writen request should be submitted by certified mail (return receipt requested) 0 [New Mexico Real Estate Appraisers Board P.O. Box 2510 Sania Fe, New Mexico 87505 ATTN: Shella Harris, Compliance Liaison 10, IF the Respondent “doesnot mail «request fra hearing within the ime ad in the mane recited by this section the Board may tke the ation contemplated inthe noice And such action shal be inl and not subject judicial review" See NMSA § 61-1-(6) (2003). ic a oe neSTATE OF NEW MEXICO REAL ESTATE APPRAISERS BOARD Date eqn 2420s pe See New Mexico Real Estate Appraisers Board Post Office Box 25107 Santa Fe, New Mexico 87505, (505) 76.4839. Prepared by ‘As Biemott ‘Assistant Atomey General Litigation Division "New Mexieo Attorney General's Office 408 Galisteo Suest Senta Fe, NM 87508 505-827-6086 Phone 505-827-6036 Fax birnot@rmag gov Scie chamac ac peliaie‘CERTIFICATE OF SERVICE BY CERTIFIED MA Return Receipt Request Nox 7010) I6"7O_ Con) $023 oo F W Sheila Marrs do hereby cenity that mailed ave and comect copy of he above provided Note of Contemiplated Action in Case Nos. 2, 11-08-11 and 23, 11-06-14(8) befor tn New Mai Real Este Appraisers Bou othe Responder a isles. known address of record, as shown by the records of the Board this 22 4A, day of August, 2015, Sheila Harris ‘inthe Name of individual Ceang Sense y Liaison Gepplage: hla Hare Binatone peter