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Dwiggins v. Missouri Real Estate Appraisers Commission

Court of Appeals of Missouri, Western District, Second Division

December 27, 2016

EUGENE W. DWIGGINS, Appellant,
v.
MISSOURI REAL ESTATE APPRAISERS COMMISSION, Respondent.

         APPEAL FROM THE CIRCUIT COURT OF COLE COUNTY The Honorable Patricia S. Joyce, Judge.

          Before: Lisa White Harwdwick, Presiding Judge, Karen King Mitchell and Anthony Rex Gabbert, Judges

          LISA WHITE HARDWICK, JUDGE

         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. For reasons explained herein, we affirm.

         Factual and Procedural History

         Dwiggins is licensed by the Commission as a state-certified residential real estate appraiser. In November 2012, Dwiggins entered into a "Settlement Agreement and Joint Agreed Disciplinary Order" with the Commission. The discipline stemmed from two appraisals prepared by Dwiggins that violated the USPAP. Pursuant to the settlement agreement and joint disciplinary order, Dwiggins's residential real estate appraiser certification was suspended for one month and placed on probation for three years, from January 2013 until January 2016. The probationary terms required Dwiggins to submit quarterly logs of his appraisal work and, upon request, to send copies of his appraisal work to the Commission.

         During the probationary period, the Commission requested copies of eight appraisals completed by Dwiggins. In May 2015, the Commission filed an "Amended Probation Violation Complaint" and determined, after a hearing, that Dwiggins had violated the USPAP, 2012-2013 Edition, in two of the requested appraisals. Based on this finding, the Commission ordered that Dwiggins's probationary period be extended two years to January 2018.

         Dwiggins filed a petition for administrative review in circuit court to challenge the extension of his probation. The circuit court entered judgment in favor of the Commission. Dwiggins appeals.

         Standard of Review

         We review the decision of the Commission and not the circuit court's judgment. Mo. Real Estate Appraisers Comm'n v. Funk, 306 S.W.3d 101, 104 (Mo. App. 2010). We review the Commission's decision to determine if it is:

(1) in violation of constitutional provisions;
(2) in excess of the statutory authority or jurisdiction of the agency;
(3) unsupported by competent and substantial evidence upon the ...

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