Riffe v. Ohio Real Estate Appraiser Board

719 N.E.2d 587, 130 Ohio App. 3d 46
CourtOhio Court of Appeals
DecidedSeptember 23, 1998
DocketNo. 18966.
StatusPublished
Cited by7 cases

This text of 719 N.E.2d 587 (Riffe v. Ohio Real Estate Appraiser Board) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riffe v. Ohio Real Estate Appraiser Board, 719 N.E.2d 587, 130 Ohio App. 3d 46 (Ohio Ct. App. 1998).

Opinion

Slaby, Presiding Judge.

Appellant, Sandra L. Riffe, appeals an order of the Summit County Court of Common Pleas affirming a decision of the Ohio Board of Real Estate Appraisers that suspended her appraiser’s license for six months and ordered her to attend a total of thirty hours of continuing education classes without credit. We affirm.

On July 29, 1994, appellant prepared a real estate appraisal on a property located at 1148 Reed Avenue in Akron. A complaint was made about errors in the appraisal, and on December 17, 1996, a hearing was held on charges that appellant violated R.C. 4763.11(G)(5) and (7), which incorporate provisions of the Uniform Standards of Professional Appraisal Practice Rules (“USPAP”). Specifically, appellant was charged with presenting misleading information in her appraisal by overestimating the size of the home appraised (“subject”), misstating facts about three comparable homes (“comparables”), and attaching pictures of the wrong homes to descriptions of the comparables.

The hearing officer found that appellant misstated information about the subject and comparable properties by (1) overstating the size of the subject by six hundred seventy-six square feet, (2) stating that two of the comparables (“comparable one” and “comparable two”) were frame rather than brick construction, (3) representing that comparable two had one, rather than two, bathrooms, (4) stating that a third (“comparable three”) did not have central air conditioning, and (5) attaching photographs of the wrong houses to descriptions of the three comparables. The hearing officer’s findings of discrepancies were based on information contained in the PACE data system, which provides detailed information about property sales and characteristics. The hearing officer concluded:

“[Appellant] clearly and justifiably adjusted the PACE data relative to the square footage at subject property. With respect to the judgment' determinations of the number of bathrooms in [comparable two] and the existence of air conditioning at [comparable three], [appellant] appears to have rightfully questioned the PACE data, but needed to further her suspicions as to those factors in order to avoid making inaccurate assumptions about the existence of those amenities. As a consequence of error with respect to either or both those factors, *49 there is no question that there would be a material improper adjustment(s) to value which would affect her assigned valuation for subject property after analysis.

“* * * By her use of erroneous photos, [appellant] may have incorrectly noted [that comparables one and two] were of frame construction when in actuality they were brick. This would mean that an accurate adjustments [sic] for value of the type of construction for two comparables were not made. These likely materially affected the value assigned the subject property * *

The hearing officer found that appellant “renderfed] appraisal services in a careless and negligent manner” in violation of R.C. 4763.11(G)(5) and (G)(7).

On February 28, 1997 the Ohio Real Estate Appraiser Board (“Board”) adopted the hearing officer’s report and ordered:

“[Appellant] is found to have violated Ohio Revised Code Section 4763.11(G)(5) * * * and one count of violating Ohio Revised Code Section 4763.11(G)(7)[.] * * * Further, that her license is hereby suspended for a period of six (6) months and that she must complete the Uniform Standards of Professional Appraisal .Practice course (15 classroom hours), a 15 hour course in the Principles of Appraisal and a 15 hour course in the Practice of Appraisal prior to reactivating her license. No credit shall be given for continuing education credit for these courses.”

She appealed to the Summit County Court of Common Pleas pursuant to R.C. 119.12. On February 17, 1998, the trial court affirmed the Board’s decision. Appellant timely appealed to this court, raising one assignment of error:

“The trial court erred in affirming the state agency’s suspension of [Appellant’s] residential real estate appraiser’s license.”

Appellant argues that the trial, court abused its discretion in affirming the decision of the Board to revoke her license. She maintains that the Board’s delay in processing the complaint violated her right to due process of law and that the Board’s decision was not supported by a preponderance of substantial, reliable, and probative evidence. We address these arguments in turn.

Courts of common pleas are the first avenue of appeal following an administrative agency hearing. R.C. 119.12. The court of common pleas may “affirm the order of the agency complained of in the appeal if it finds * * * that the order is supported by reliable, probative, and substantial evidence and is in accordance with law. In the absence of such a finding, it may reverse, vacate, or modify the order or make such other ruling as is .supported by reliable, probative, and substantial evidence and is in accordance with law.” Id.

*50 Reviewing courts act with a high degree of deference toward administrative findings, “based upon the assumption that [administrative bodies] have accumulated expertise in their own content area.” Joudah v. Ohio Dept. of Human Serv. (1994), 94 Ohio App.3d 614, 617, 641 N.E.2d 288, 290, fn. 2. Courts must give “due deference” to interpretation of the technical and ethical requirements of a profession provided by its administrative body. Pons v. Ohio State Med. Bd. (1993), 66 Ohio St.3d 619, 614 N.E.2d 748, syllabus; Riffe v. Ohio Real Estate Appraiser Bd. (June 24, 1998), Summit App. No. 18734, unreported, at 4, 1998 WL 332924 (“Riffe I”).

The court of appeals must affirm the judgment of the common pleas court unless it finds that the prior decision is not supported by “a preponderance of reliable, probative and substantial evidence” as a matter of law. Smith v. Granville Twp. Bd. of Trustees (1998), 81 Ohio St.3d 608, 613, 693 N.E.2d 219, 223. The court applies an abuse-of-discretion standard in making this determination. Rossford Exempted Village School Dist. Bd. of Edn. v. State Bd. of Edn. (1992), 63 Ohio St.3d 705, 707, 590 N.E.2d 1240, 1241; Reese v. Bd. of Trustees of Copley Twp. (June 30, 1998), Summit App. No. 18738, unreported, at 4, 1998 WL 405027; Riffe I, supra, at 5. To constitute an abuse of discretion, action by the trial court must be more than an error of law or judgment: it must be so violative of fact and logic as to demonstrate perversity of will. Huffman v. Hair Surgeon, Inc. (1985), 19 Ohio St.3d 83, 87, 19 OBR 123, 126-127, 482 N.E.2d 1248, 1251-1252. It must be unreasonable, arbitrary, or unconscionable. State ex rel. Grady v. State Emp. Relations Bd.

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Bluebook (online)
719 N.E.2d 587, 130 Ohio App. 3d 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riffe-v-ohio-real-estate-appraiser-board-ohioctapp-1998.