Commission Action

PURPOSE: This rule establishes how the commission may take action and further restricts the staff from engaging in the real estate appraisal industry while in the commission’s employment. (1) Any act to be taken by the commission pursuant to the license law or these rules may be performed by the number of commission members or by those officers, employees, agents or representatives of the commission as is permitted by law and authorized by a majority of the commission’s membership. The commission may take authorized action by a mail ballot or by a conference telephone call and any action so taken shall be recorded in the minutes of the commission. (2) Neither the executive director nor any other employee or agent of the commission, except the commissioners or contracted investigators during the period of his/her employment by the commission, shall engage in any act for which a certificate or a license is required under the provisions of the license law or receive or become entitled to receive any fee or compensation of any kind, in any capacity whatsoever, either directly or indirectly, in connection with any real estate appraisal transaction. (3) Upon receipt of a complaint in proper form, the commission may investigate the actions of the licensee against whom the complaint is made. In conducting an investigation, the commission, at its discretion, may request the licensee under investigation to answer the charges made against him/her in writing and to produce relevant documentary evidence and may request him/her to appear before the commission. Upon its own motion, the commission may initiate an inquiry or investigation against an applicant or a licensee. Failure of a licensee to respond in writing, within thirty (30) days from the date of the commission’s written request or inquiry, mailed to the licensee’s address currently registered with the commission, will be sufficient grounds for taking disciplinary action against that licensee. (4) The commission may, at its discretion, investigate anonymous complaints. AUTHORITY: section 339.509, RSMo 2016.* This rule originally filed as 4 CSR 245-2.020. Emergency rule filed Dec. 6, 1990, effective Dec. 16, 1990, expired April 14, 1991. Emergency rule filed April 4, 1991, effective April 14, 1991, expired Aug. 11, 1991. Original rule filed Jan. 3, 1991, effective April 29, 1991. Amended: Filed Sept. 2, 1993, effective April 9, 1994. Moved to 20 CSR 2245-2.020, effective Aug. 28, 2006. Amended: Filed Nov. 21, 2006, effective July 30, 2007. Amended: Filed May 19, 2021, effective Nov. 30, 2021. Amended: Filed Aug. 17, 2022, effective Feb. 28, 2023. *Original authority: 339.509, RSMo 1990, amended 1998, 2012.