Dwiggins v. Missouri Real Estate Appraisers Commission -- case addressing professional discipline and adoption of industry standards
Intent of the statute implementing the USPAP found to supersede technical issue associated with adoption of more recent editions of the USPAP.
Eugene Dwiggins appeals from the Missouri Real Estate Appraisers Commission’s (“Commission”) finding that he was subject to professional discipline for violating the Uniform Standards of Professional Appraisal Practice (“USPAP”), 2012-2013 Edition. Dwiggins contends it was improper for the Commission to apply the USPAP, because the 2012-2013 Edition has not been adopted as law in Missouri.
Division Two holds:
The Commission did not err in applying the USPAP, 2012-2013 Edition, to find that Dwiggins was subject to professional discipline. Although Dwiggins argues these standards have not been adopted as law in Missouri, the USPAP was adopted by Missouri in 1990, in order to comply with Title XI of the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA). Compliance to USPAP by real estate certified appraisers is a state requirement under Section 339.535 and a federal requirement under Title XI of FIRREA. Additionally, Section 339.532 provides that a state-certified real estate appraiser’s failure to comply with the USPAP is cause for discipline by the Commission. Because these statutes are not limited to a particular edition or updated version of the USPAP, the Commission did not err in applying the USPAP, 2012-2013 Edition, to find that Dwiggins was subject to professional discipline.