(a) An appraisal management company or any person acting for an appraisal management company as a controlling person, owner, director, officer, agent, employee or independent contractor may not:
(1) Improperly influence or attempt to improperly influence the development, reporting, result or review of an appraisal through:
- (A) Intimidation, inducement, coercion, extortion, collusion, bribery, compensation, blackmail, threat of exclusion from future appraisal work or any other means that unduly influences or pressures the appraiser;
- (B) Withholding payment to an appraiser or compensating the appraiser at less than the customary and reasonable rate for appraisal services unless for breach of contract; or
- (C) Expressly or impliedly promise future business, promotions or increased compensation to an appraiser;
- (2) Knowingly employ a person to a position of responsibility who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked or surrendered in this state or any other jurisdiction, and not subsequently granted or reinstated;
- (3) Knowingly enter into a contract with a person for the performance of appraisal services who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked or surrendered in this state or any other jurisdiction, and not subsequently granted or reinstated;
- (4) Knowingly enter into a contract, agreement or other business relationship for the purpose of obtaining real estate appraisal services with a firm that employs or contracts with a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked or surrendered in this state or any other jurisdiction, and not subsequently granted or reinstated;
- (5) Knowingly fail to separate and disclose any fees charged to a client by the appraisal management company for an appraisal by an appraiser from fees charged to a client by the appraisal management company for appraisal management services;
- (6) Prohibit an appraiser from stating, in a submitted appraisal, the fee paid by the appraisal management company to the appraiser for the appraisal;
- (7) Require an appraiser to pay for a background check required by the AMC as a condition of being added to the AMCs panel of appraisers;
- (8) Request, allow or require an appraiser to collect any portion of the fee, including the appraisal fee, charged by the appraisal management company to the client;
- (9) Require an appraiser to provide the registrant with the appraiser's signature or seal in any form;
- (10) Alter, amend or change an appraisal submitted by an appraiser;
- (11) Remove an appraiser's signature or seal from an appraisal;
- (12) Add information to or remove information from an appraisal with the intent to change the conclusion of the appraisal;
- (13) Remove an appraiser from an appraiser panel without 20 days prior written notice to the appraiser and an opportunity for the appraiser to be heard;
- (14) Enter into an agreement or contract for the performance of appraisal services with an appraiser who is not in good standing with the board;
- (15) Request or require an appraiser to provide an estimated, predetermined or desired valuation in an appraisal;
- (16) Request or require an appraiser to provide estimated values or comparable sales at any time prior to the appraiser completing an appraisal;
(17) Condition a request for an appraisal or the payment of an appraisal fee on:
- (A) An opinion, conclusion or valuation reached; or
- (B) A preliminary estimate or opinion requested from an appraiser;
- (18) Provide to an appraiser an anticipated, estimated, encouraged or desired value for an appraisal or a proposed or targeted amount to be loaned or borrowed, except that a copy of the sales contract for the purchase transaction may be provided;
- (19) Require an appraiser to indemnify or hold harmless an appraisal management company for any liability, damage, losses or claims arising out of the services provided by the appraisal management company;
- (20) Have a direct or indirect interest, financial or otherwise, in the property or transaction involving the appraisal;
- (21) Provide to an appraiser or a person related to the appraiser stock or other financial or nonfinancial benefits;
(22) Obtain, use or pay for a second or subsequent appraisal or order an automated valuation model, unless:
- (A) There is a reasonable basis to believe that the initial appraisal was flawed and the basis is clearly and appropriately noted in the file;
- (B) The second or subsequent appraisal, or automated valuation model is done under a bona fide prefunding or post-funding appraisal review or quality control process;
- (C) The second appraisal is required by law; or
- (D) The second or subsequent appraisal or automated valuation model is ordered by a client; or
- (23) Commit an act or practice that impairs or attempts to impair an appraiser's independence, objectivity or impartiality.