Williams v. Idaho State Bd. of Real Estate Appraisers
Decision Date | 29 October 2014 |
Docket Number | No. 41193.,41193. |
Citation | 157 Idaho 496,337 P.3d 655 |
Court | Idaho Supreme Court |
Parties | Timothy WILLIAMS, an individual, Petitioner–Appellant–Cross Respondent, v. IDAHO STATE BOARD OF REAL ESTATE APPRAISERS, a department within the State of Idaho, Respondent–Cross Appellant. |
Jones Gledhill Fuhrman Gourley, P.A., Boise, for appellant. Kimbell D. Gourley argued.
Naylor & Hales, P.C., Boise, for respondent. Bruce J. Castleton argued.
Idaho's Bureau of Occupational Licenses (Bureau) investigated and initiated disciplinary proceedings against Williams after it received complaints that he had engaged in various forms of professional misconduct as a licensed real estate appraiser. Ultimately, Idaho's Board of Real Estate Appraisers (Board) revoked Williams' license, imposed $4,000 in fines, and required Williams to pay the Board's attorney fees and costs. The district court, acting in an appellate capacity, affirmed the Board's decision to revoke Williams' license and to impose fines, but reversed the Board's order that Williams pay its attorney fees and costs. Williams appeals and the Board cross-appeals.
Timothy Williams was a licensed real estate appraiser who became the subject of a Bureau investigation and Board disciplinary proceeding.
In September 2006, another appraiser—Tony Orman—filed a complaint with the Bureau alleging that Williams signed a misleading appraisal report regarding a property in Donnelly, Idaho. As a result of these allegations, the Bureau launched an investigation against Williams. After conducting its investigations, the Bureau concluded Williams had engaged in conduct that violated Idaho statutes and professional rules of conduct.
In November 2007, the Bureau initiated disciplinary proceedings against Williams by filing a formal complaint with the Board, and the matter was submitted to a hearing officer for a contested case proceeding.
Williams, 149 Idaho at 676–77, 239 P.3d at 781–82. The Court held the matter was not ripe because the Board had not issued a final order and the Board lacked authority to certify an interlocutory order for appeal. Id. at 679, 239 P.3d at 784.
After remand, in March 2011, the Bureau filed an Amended Complaint, alleging nine counts of wrongful conduct by Williams, which are summarized below:
The Board agreed to dismiss Count Nine of the Amended Complaint prior to the hearing.
Hearing officer David E. Wynkoop held a four-day evidentiary hearing in August 2011 for the purpose of making a recommendation to the Board as to whether Williams' conduct violated Idaho law as alleged in the Amended Complaint. After the hearing, the Hearing Officer issued his Findings of Fact, Conclusions of Law, and Proposed Order. The Board adopted the Hearing Officer's findings in their entirety and on February 27, 2012, entered its Final Order. In addition to explicitly adopting by reference the Hearing Officer's findings, the Board in its Final Order re-stated the conclusions of law reached by the Hearing Officer.
Citing its authority under Idaho Code sections 54–4107 and 67–2609(a)(6) & (7) and IDAPA 24.18.01.525, the Board revoked Williams' license, imposed $4,000 in fines, and ordered Williams to pay the costs and fees associated with the investigation and prosecution, including the Board's attorney fees. Williams appealed to the district court from the Board's final order. The district court affirmed the Board's decision, except for vacating the part of the Board's sanction of Williams that required him to pay the Board's attorney fees. Williams then appealed from the district court's order, and the Board filed a cross-appeal.
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