Bowen v. State ex rel. Oklahoma Real Estate Appraiser Board
2011 OK 86
| Okla. | 2011Background
- Bowen appraised a MeCloud property for Bank in December 2005; Bank later foreclosed and insurer incurred loss after sale in 2007.
- Insurer filed a grievance with the Oklahoma Real Estate Appraiser Board in September 2007 alleging possible appraisal fraud.
- A separate review appraiser (Jones), who was Bowen's long-time colleague and former neighbor, reappraised the property and valued it significantly lower than Bowen's appraised value.
- Bank notified insurer of a personal conflict of interest between Bowen and Jones in August 2007 and alleged potential bias affecting the appraisal.
- Board held a probable cause hearing November 18, 2008 with Jones as the sole witness; recommended suspension and course requirements for Bowen.
- Board modified the discipline in January 2009 to a $1,000 fine and 30-day suspension; Bowen sought judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does appearance of impartiality require invalidation of the disciplinary proceeding? | Bowen argues the reviewer’s conflicts tainted the process and created an appearance of impropriety. | Board contends no due process violation since Bowen was given notice and opportunity to be heard and to cross-examine. | Yes; the proceedings must be nullified due to appearance of impropriety. |
Key Cases Cited
- Johnson v. Board of Governors of Registered Dentists, 913 P.2d 1339 (1996 OK 41) (appearance of impartiality in quasi-judicial proceedings required)
- Wolfenbarger v. Hennessee, 520 P.2d 809 (1974 OK 38) (administrative boards acting quasi-judicially must provide due process)
- Johnson v. Board of Governors of Registered Dentists, 913 P.2d 1339 (1996 OK 41) (due process requires neutral, impartial hearing; disqualification when appearance of bias)
- Tinker Investment & Mortgage Corp. v. City of Midwest City, 873 P.2d 1029 (1994 OK 41) (due process in administrative actions; quasi-judicial standards)
- Martin v. Harrah Independent School District, 543 P.2d 1370 (1975 OK) (due process considerations in administrative proceedings)
- Ward v. Village of Monroeville, 409 U.S. 57 (1972) (constitutional due process in adjudicative proceedings; impartial tribunal)