Section 17-2300. GENERAL PROVISIONS

 

2300.1This chapter shall apply to holders of and applicants for a license to practice real estate appraising. The purpose of this chapter is to establish and enforce education, experience, and practice standards that will allow individuals licensed in the District of Columbia to perform appraisals for federally related and non-federally related real estate transactions.

 

2300.217 DCMR Chapter 33 (General Rules) shall supplement this chapter and establish the procedural requirements associated with initiating and holding disciplinary proceedings against licensees. In the event that a provision within 17 DCMR Chapter 33 conflicts with this chapter or the Non-Health Related Occupations and Professions Licensure Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code § 47-2853.01 et seq. (2001)) (the Act), the applicable provision within this chapter or the Act shall control.

 

2300.3The Board may meet at least once a month in public session, but shall not meet less than four times per year. The Board shall publish notice of the time and place of each meeting in the D.C. Register at least one week in advance of the meeting. The public has the right to appear before the Board and testify on subjects within the Board's jurisdiction.

 

2300.4The Board shall elect a chairperson from among the members of the Board. The Chairperson shall have the authority to sign all official documents issued on behalf of the Board, after approval by the Board.

 

2300.5A majority of the legislated size of the Board shall be present at a meeting in order to constitute the quorum necessary to conduct official business.

 

2300.6A majority vote of all Board members present and voting is necessary and sufficient for any action taken by the Board.

 

2300.7Board members may convene in small committees of not less than three Board members to carry out specific functions of the Board, such as holding disciplinary hearings, if the full Board ratifies the actions of the small committees.

 

2300.8Copies of all records and papers pertaining to licensure, inspections, investigations, and other matters under the jurisdiction of the Board shall be maintained by the Department on behalf of the Board. Copies of all records and papers duly certified and authenticated by the seal of the Board shall be received in evidence in all courts equally, and with like effect as the original, subject to the rules of evidence.

 

2300.9It shall be Board policy to retain jurisdiction over the hearing process for each disciplinary matter that it initiates unless the Board, by majority vote, agrees to send a disciplinary matter to the Office of Administrative Hearings (OAH) for adjudication pursuant to D.C. Official Code § 2-1831.01 et seq. (2003 Supp.). Any disciplinary proceeding initiated by the Board, and any hearing or other conference held by the Board pursuant thereto, shall comply with the requirements of this chapter and the Act.

 

2300.10Any licensee adversely impacted by a final OAH decision in a case initiated by the Board from the Board's issuance of 'Charges and Specifications' against a licensee, except those decisions related to procedural matters not under the Board's jurisdiction, may appeal the OAH decision to the Board. Appeals from any Board decision, whether rendered by the Board in its capacity as an initial hearing body or as an appellate body, shall be made to the D.C. Court of Appeals.

 

source

Final Rulemaking published at 40 DCR 8480 (December 10, 1993); as amended by Final Rulemaking published at 53 DCR 5846 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 9991 (September 26, 2008).