January 22, 2019 - The Administrative Law Judge determines that the Commissioner may censure Licensee and impose a penalty on Licensee’s license based upon a preponderance of the evidence showing that Licensee: (1) failed to ensure that the second appraisal report for 450 Meadow Lane applied proper and consistent adjustments to comparable properties in violation of USPAP SR 1-1(a); Minn. Stat. §§ 82B.094(a)(8), .195, subds. 1, 3(1)(vi) (Count III); (2) failed to ensure that the appraisal report for 55017 180th Street in Austin, Minnesota accurately identified legal attributes of the property, discussed the impact of the property’s location in a FEMA-designated flood zone, and properly analyzed the property’s highest and best use in violation of USPAP SR 2-1(a); Minn. Stat. §§ 82B.094(a)(8); .195, subd. 1; .20, subd. 2(7) (Count IV); and (3) with regard to the appraisal report for 1855 Mapleview Place NE, failed to summarize information analyzed regarding comparable land sales in violation of USPAP SR 2-2(a)(viii); Minn. Stat. § 82B.195, subd. 1, and failed to maintain an adequate work file in violation of USPAP’s Record Keeping Rule; Minn. Stat. §§ 82B.071, subd. 2, .195, subd. 1 (Counts V and VI). The Administrative Law Judge determines that the Department: (1) did not establish violations related to the first appraisal of 450 Meadow Lane, as alleged in Counts I and II; (2) did not show Licensee failed to ensure the use of properly comparable properties in the second appraisal of 450 Meadow Lane, as alleged in Count III, and (3) did not prove that Licensee use inaccurate or misleading factual information regarding comparables, as alleged in Count V. As a result, these allegations should be deleted from the Order to Show Cause. Further, the Order to Show Cause should be amended to correct a typographical error regarding the address stated for 1855 Mapleview Place NE.