a seo ( C ~ ws WY STATE OF FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BOARD FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, Petitioner, v. CASE NO. 99-83505 DALE SMALLEY, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Dale Smalley (“Respondent”), and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, including Section 20.165 and Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated thereunder. 2. Respondent is currently a Florida state certified residential real estate appraiser having been issued license RD0003223 in accordance with Chapter 475 Part II, Fla. Stat. 3. The last license issued to Respondent was as a state certified residential real estate appraiser at 6400 SW 99" Avenue, Miami, Florida 33173. 3. On or about July 1999, Respondent was a state registered assistant real estate appraiser oe : a - CO. U FDBPR v. Dale Smalley Case No. 9983505 Administrative Complaint supervised by Lance S. Campbell who holds license number RZ0002126. 4. On or about July 15, 1999, Respondent signed an appraisal report, as a State Registered Assistant Real Estate Appraiser, for a property commonly known as 15315 SW 178" Terrace, Miami, Florida. 5. Respondent knew or should have known that the signature of the supervisory appraiser was not the genuine signature of the person it purported to represent. 6. Respondent failed to maintain a work file for the appraisal report. COUNT I Based upon the foregoing, the Respondent has violated a standard for the development or communication of a real estate appraisal or other provision of the Uniform Standards of Professional Appraisal Practice, specifically the conduct portion of Ethics Rule, in violation of § 475.624(14), Fla. Stat. (1999). COUNT IL Based upon the foregoing, Respondent is guilty of culpable negligence or breach of trust in a business transaction in violation of § 475.624(2), Fla. Stat. (1999). WHEREFORE, Petitioner respectfully requests the Florida Real Estate Appraisal Board, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or certificate; suspension of the license, registration 2 ates ¢ UY FDBPR v. Dale Smalley Case No. 99§3505 Administrative Complaint 2 ao C 5 or certificate for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or certificate holder to complete and pass additional appraisal education courses; publication, or any combination of the foregoing which may apply. See § 475.624, Fla. Stat. and Rule 61J1-8.002, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or certificate; suspension of the license, registration, or certificate for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or certificate holder to complete and pass additional appraisal education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61J1-8.002, Fla. Admin. Code. SIGNED this Quek day of Ma y , 2000. culation By: Herbert S. Fecker, Jr. Director, Division of Real Estate a ~ YS . YY FDBPR v. Dale Smalley te a eh Case No. 9983505 Administrative Complaint : 00 SEP 11 pla 50 BI SION OF WWE ATTORNEY FOR PETITIONER ADM INISTRATN ve AOE RBIS Nancy P. Campiglia, Senior Attomey Fla. Bar No. 0164259 FDBPR-Division of Real Estate Legal Section 400 W. Robinson Street, N308A Orlando, Florida 32802-1772 (407) 481-5632 (407) 317-7260 - FAX PCP: EC/DG/MC 5/1/00 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Appraisal Board a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form.

Docket for Case No: 00-003796PL