The Issue Whether Respondent committed the violations alleged in the Administrative Complaint, and, if so, the penalty that should be imposed.
Findings Of Fact Petitioner Department of Business and Professional Regulation, Division of Real Estate, is the state agency charged with the licensing and regulation of property appraisers in the state of Florida, pursuant to section 20.165 and chapters 455 and 475, Florida Statutes. At all times material to this action, Respondent was a State of Florida certified residential real estate appraiser, holding license number RD-5554. From January 23, 2006, through September 20, 2006, and again from February 8, 2007, through December 3, 2007, Respondent was responsible for supervising Harvey Diaz, a registered trainee appraiser. During 2008, Brian Piper, who is employed by Petitioner as an investigations manager, received a complaint package from a lender. The complaint involved an appraisal of a residential property located at 1850 North Congress Avenue, F103, West Palm Beach, Florida, that Respondent and Harvey Diaz allegedly completed on June 5, 2007. On October 20, 2008, Investigator Piper visited Respondent's registered business location in an effort to investigate the complaint. During this initial visit, Investigator Piper spoke with Respondent's husband, Carlos Garcia, and requested a copy of the entire working file associated with the 1850 North Congress Avenue property. Several days later, Investigator Piper returned to Respondent's place of business. At that time, Respondent advised Investigator Piper that she had no record associated with the 1850 North Congress Avenue address, and had not been involved with the preparation of an appraisal for that property. During this second visit, Respondent produced numerous boxes for Investigator Piper's inspection. No work file related to the 1850 North Congress Avenue property was located. During the final hearing, Respondent credibly testified that she had no knowledge of, or involvement with, the appraisal under investigation. Respondent offered further testimony (which was corroborated by two exhibits) that she discovered in 2007 that her electronic signature had been stolen. The theft was reported to the appropriate law enforcement agency, as well as the Department of Business and Professional Regulation, Division of Real Estate. The undersigned concludes, as an ultimate finding of fact, that Respondent was not aware of, and had no involvement with, the appraisal of 1850 North Congress Avenue. As an additional ultimate finding, the undersigned concludes that Respondent did not hinder or obstruct Investigator Piper's investigation.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Petitioner enter a final order dismissing the Administrative Complaint against Respondent. DONE AND ENTERED this 22nd day of December, 2010, in Tallahassee, Leon County, Florida. S EDWARD T. BAUER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of December, 2010.
