[Federal Register Volume 65, Number 66 (Wednesday, April 5, 2000)]
[Rules and Regulations]
[Pages 17974-17978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8421]



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Part III





Housing and Urban Development





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24 CFR Part 200



Single Family Mortgage Insurance; Appraiser Roster Removal Procedures; 
Final Rule

  Federal Register / Vol. 65, No. 66 / Wednesday, April 5, 2000 / Rules 
and Regulations  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 200

[Docket No. FR-4429-F-03]
RIN 2502-AH29


Single Family Mortgage Insurance; Appraiser Roster Removal 
Procedures

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Final rule.

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SUMMARY: This final rule adopts provisions concerning the functioning 
of HUD's Appraiser Roster that were published for public comment in a 
proposed rule on July 2, 1999. The Appraiser Roster lists appraisers 
who are eligible to perform Federal Housing Administration single 
family appraisals. The provisions adopted by this final rule provide 
procedures for addressing unsatisfactory appraisers, including removing 
an appraiser from the Roster.

DATES: Effective Date: May 5, 2000.

FOR FURTHER INFORMATION CONTACT: Vance T. Morris, Director, Home 
Mortgage Insurance Division, Office of Insured Single Family Housing, 
Room 9266, U.S. Department of Housing and Urban Development, 451 
Seventh Street, SW, Washington, DC 20410-8000; telephone (202) 708-2700 
(this is not a toll-free number). Hearing- or speech-impaired 
individuals may access this number via TTY by calling the toll-free 
Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. The July 2, 1999 Proposed Rule

    On July 2, 1999, HUD published a rule (64 FR 36216) for public 
comment that proposed to codify the current placement procedures for 
HUD's Appraiser Roster and proposed procedures for removing an 
appraiser from the Appraiser Roster. The Appraiser Roster lists 
appraisers who are eligible to perform Federal Housing Administration 
(FHA) single family appraisals. HUD maintains the Appraiser Roster to 
provide a means by which HUD can monitor the quality of appraisals 
performed on single family homes financed through FHA single family 
programs and to ensure that appraisers performing FHA appraisals meet 
high competency standards.
    The Appraiser Roster is an important part of the FHA Single Family 
Mortgage Insurance program because accurate appraisals are vital to the 
success of the Program and HUD's ability to protect the FHA insurance 
funds. A more complete description of these procedures is presented in 
the preamble to the July 2, 1999 proposed rule.
    The public comment period for the proposed rule closed on August 2, 
1999. HUD received 2 comments, one from a banking institution and the 
other from a trade association. One of the commenters wrote in favor of 
the proposed rule. The other commenter raised a number of concerns 
about the proposed removal procedure. This comment is discussed below, 
in section III.B. of this preamble.

II. The December 28, 1999 Final Rule

    On December 28, 1999, HUD published a final rule (64 FR 72868) that 
adopted certain of the provisions concerning HUD's Appraiser Roster 
published in the July 2, 1999 proposed rule. Specifically, that final 
rule adopted the provisions that codify the current Appraiser Roster 
placement procedure, but did not adopt the independent removal 
procedure nor certain other related provisions of the July 2, 1999 
proposed rule. The structure of the proposed rule was also revised in 
the December 28, 1999 final rule to comply with President Clinton's 
Memorandum of June 1, 1998, entitled ``Plain Language in Government'' 
(63 FR 31885). In particular, the section numbering of the proposed 
rule was expanded to cover additional headings and the language was 
revised to present the rule in question-and-answer format.

III. This Final Rule

    This final rule adopts the provisions concerning an independent 
procedure for removing an appraiser from HUD's Appraiser Roster 
published in the July 2, 1999 proposed rule and also follows the plain 
language structure of the December 28, 1999 final rule. HUD proposed 
this independent removal procedure, separate and apart from HUD's 
existing debarment, suspension, and limited denial of participation 
administrative remedies, in order to better safeguard the FHA insurance 
funds and to better protect homebuyers. A summary of the provisions 
adopted by this final rule is presented in section IV. of this 
preamble. This section of the preamble provides some additional 
background on this rulemaking and presents a discussion of the 
significant issues raised by the public comments.

A. Background

    At the outset, it is important to note that HUD proposed 
Sec. 200.200 to fill a regulatory void created by the removal in 1996 
of part 267 HUD's regulations. HUD removed part 267 as part of a page-
by-page review of HUD's regulations initiated in response to President 
Clinton's March 4, 1995, memorandum requiring all Federal departments 
and agencies to conduct a page-by-page review of their regulations and 
to eliminate or revise those regulations that were outdated or 
unnecessary. HUD removed part 267 in a final rule published in the 
Federal Register on April 1, 1996 (61 FR 14395).
    Part 267 (previously entitled ``Appraisal and Property Valuation'') 
was originally implemented in a final rule published in the Federal 
Register on October 3, 1994 (59 FR 50456). The part established the 
Appraiser Roster in lieu of fee appraisers and contained standards for 
placement on, and removal from, the Roster. HUD removed the part 
because, as noted in the preamble to the April 1, 1996 final rule, 
``[t]he standards and requirements [for appraisal and property 
valuation] that are applicable to HUD insured single family and 
multifamily properties are set forth in contracts or handbooks, and 
need not be repeated in the CFR.'' The removal of part 267 by the April 
1, 1996 final rule did not change any part of HUD's appraisal and 
property valuation policy.
    This rulemaking was instituted because rulemaking is an appropriate 
means of implementing a procedure having the binding effect of the 
removal procedure adopted by this final rule and, as noted in the 
preamble to the July 2, 1999 proposed rule, because HUD had intended to 
retain the predecessor procedure as part of its regulations despite 
``streamlining'' the rest of part 267. HUD inadvertently failed to 
retain the predecessor removal procedure, and this final rulemaking is 
intended, in part, to correct this omission.
    The original removal procedure, contained in Sec. 267.8(d)(3), read 
as follows:

    (3) Removal from the Roster. HUD may at any time remove the 
appraiser from the Roster for cause. Cause includes, but is not 
limited to, significant deficiencies in appraisals, failure to 
maintain standing as a State certified or State licensed appraiser 
and prosecution for committing or attempting to commit fraud, 
misrepresentation or other offence that may reflect on the 
appraiser's character and integrity. Such removal shall not be 
governed by the procedures of part 24 of this title. The appraiser 
shall, however, be subject to other sanctions in accordance with 
part 24 of this title.

B. Discussion of Significant Issues Raised by Public Comments

    Comment--The proposed rule fails to provide appraisers with even 
minimally sufficient due process protections. The commenter wrote that 
the proposed rule

[[Page 17975]]

falls short of the minimal due process safeguards to which appraisers 
are entitled. In particular, the commenter was concerned that the 
removal procedure does not provide for a judicial-type procedure, as is 
the case with HUD's existing debarment, suspension and limited denial 
of participation administrative remedies. The commenter was also 
concerned that no due process protections were provided for under 
Sec. 200.200(f) (entitled, ``Education sanctions'').
    HUD Response. As noted previously, the Appraiser Roster was created 
by HUD to replace the previous system of appraiser fee panels. HUD 
created the Roster to provide a means by which HUD could ensure that 
appraisers performing FHA appraisals met high competency standards and 
that their appraisals met high quality standards. Because the purpose 
of the Roster is to ensure that certain requirements and standards are 
met, placement on the Roster is similar to the granting of a license to 
perform FHA appraisals.
    Under section 9(c) of the Administrative Procedure Act, now 5 
U.S.C. 558(c) (the APA), a license may be withdrawn, suspended, or 
revoked if the licensee has been given (a) notice by the agency in 
writing of the facts or conduct that may warrant the action; and (b) 
opportunity to demonstrate or achieve compliance with all lawful 
requirements for the license.
    The removal procedure adopted in this final rule provides an 
appraiser with written notice of a proposed removal (which must include 
the reasons for the action and the duration of the action), a right to 
submit a written response challenging the proposed removal and to 
request a conference, and a review by an official who was neither 
involved in HUD's initial decision nor who reports to a person involved 
in the initial decision. These procedures clearly meet, and even 
exceed, the APA requirements.
    These procedures also meet the due process standards enunciated by 
the Supreme Court in Matthews v. Eldridge, 424 U.S. 319 (1976), in 
which the Court created a three-pronged test to determine the adequacy 
of procedural safeguards in an administrative process. This test calls 
for the balancing of three factors: the private interest affected by 
the agency; the risk of error; and the Government's interest.
    Regarding the first factor, appraisers do not have privity of 
contract with HUD because they are engaged by lenders and by HUD 
property management contractors. Therefore, appraisers have no property 
interest in retention on the Appraiser Roster. This position is 
supported by Sutton v. United States Department of Housing and Urban 
Development, et al., 885 F. 2d 471 (8th Cir., 1989), cert. den. 493 
U.S. 1075 (1990), reh. den. 494 U.S. 1092 (1990), affirming a decision 
of the U.S. District Court, E.D. MO., that a fee appraiser was not 
entitled to relief after the Department refused to recertify him. The 
District Court held that the appraiser's interest in recertification 
was not within the range of property and liberty interests protected by 
the due process clause and that his due process rights were not 
violated by HUD's refusal to recertify him without notice and hearing 
when he had been given a right to meet with a HUD Official to discuss 
his nonrecertification and his right to appeal the decision. Although 
Sutton involved a fee panel appraiser (a predecessor to the Appraiser 
Roster), the similarities between that method for lenders to obtain 
appraisers and the present method of selection are far greater than the 
differences. The same is true of the methods for removing appraisers 
from fee panels and the method for removal from the Appraisal Roster in 
the proposed rule.
    With regard to the second factor, the risk of error is minimal 
because an appraiser's performance that would lead to removal from the 
Appraiser Roster will be checked against performance standards. See 
HUD's response to the next comment.
    Insofar as the third factor is concerned, HUD needs a method to 
remove poorly performing appraisers from the Appraiser Roster as 
expeditiously as possible to protect its insurance funds from risks 
resulting from deficient appraisals.
    Furthermore, removing unsatisfactory appraisers in an expeditious 
manner is vital to the continued well-being of the FHA insurance funds 
because an accurate appraisal is fundamental to making informed 
financing decisions. HUD's existing debarment, suspension, and limited 
denial of participation administrative remedies are not always 
effective as an initial remedy in the case of the Appraiser Roster 
because of the time required to utilize these procedures.
    It is clear that this final rule implements a removal procedure 
that provides an appropriate level of due process protection for 
appraisers placed on the Appraiser Roster. It should also be noted that 
the removal procedures contained in this final rule significantly 
exceed the due process protections provided for in the original 
Appraiser Roster removal procedure contained in part 267 (see 
Sec. 267.8(d)(3) contained in the April 1, 1995 edition of 24 CFR and 
repeated in section III.(A) of this preamble).
    With regard to the commenter's concern about Sec. 200.200(f) of the 
proposed rule, there is no need for due process protections for this 
provision because the provision is intended to benefit appraisers 
placed on the Roster. If HUD determines that an appraiser is not 
meeting the standards required for continued placement on the Roster, 
Sec. 200.200(f) gives HUD the option of remedying the situation by 
requiring the appraiser to attend further professional training. This 
provision appears at Sec. 200.204(c) of this final rule, and is re-
named ``education requirements'' to clarify that it is non-punitive.
    The appraiser may, of course, choose not to seek the additional 
training. In this case, HUD may then choose to remove the appraiser 
from the Roster. At this point, the appraiser has available to him or 
her the full range of due process protections provided for by the 
removal procedure. Section 200.200(f) of the proposed rule allows HUD 
to provide an alternative and less rigorous response to an appraiser 
who is not meeting the Appraiser Roster standards. Deletion of the 
requirements of Sec. 200.200(f) would leave HUD with fewer choices with 
regard to non-performing appraisers. With Sec. 200.200(f), an appraiser 
may have the option to rehabilitate his or her performance, making 
removal unnecessary.
    Comment--Causes for removal are broader than those for debarment, 
suspension, and limited denial of participation. The commenter wrote 
that the causes for removal listed in the removal procedure are 
broader, and in some cases, less specific than the causes listed for 
debarment, suspension, or limited denial of participation. In 
particular, the commenter was concerned about HUD's interpretation of 
the term ``significant deficiencies in appraisals'' as a cause for 
removal.
    HUD Response. The removal procedure for the Appraiser Roster is not 
related to HUD's existing debarment, suspension, and limited denial of 
participation administrative remedies. The removal procedure and the 
causes for removal are targeted to the Appraiser Roster. HUD developed 
these causes for removal with the Appraiser Roster specifically in 
mind. Any comparison with causes for action under any of HUD's other 
administrative remedies is misplaced. It may be the case that Appraiser 
Roster causes for removal are similar, in some cases, to the causes for 
action under HUD's other remedies. Where the causes differ, however, it 
is because HUD has

[[Page 17976]]

determined that it is necessary to have an expansive list of causes for 
removal for the Appraisal Roster to ensure effective compliance with 
the Appraiser Roster requirements and standards.
    Regarding the commenter's concern about how HUD will interpret the 
term ``significant deficiencies,'' the HUD Appraiser Handbook provides 
important guidance on how the Appraiser Roster is managed. In 
particular, the Handbook lists a number of violations in chapter 7-4 
that provide a more complete picture of what HUD considers significant 
deficiencies. While this list is not exhaustive, it does provide a 
substantial guide as to how HUD will enforce HUD's appraisal standards. 
HUD's Appraiser Handbook may be obtained from HUD's web page at http://www.hud.gov/reac/reasfappr.html or http://www.hudclips.org.
    Comment--HUD has offered no evidence that indicates that an 
independent removal procedure is necessary. The commenter was concerned 
that HUD had not provided any evidence that indicated that an 
independent removal procedure, separate from HUD's existing debarment 
and suspension procedures, was necessary.
    HUD Response. In many cases, HUD's existing remedies involve a 
formal administrative-type procedure. This type of procedure requires a 
significant investment in time and other resources. Because of the 
importance of maintaining the high quality of FHA appraisals, HUD has 
determined that an expeditious means of removing an appraiser from the 
roster is necessary.
    Comment--HUD's stated purpose for ``streamlining'' the disciplinary 
process contradicts its earlier actions. The commenter was concerned 
that HUD had failed to discuss in the preamble to the July 2, 1999 
proposed rule the reasons why HUD removed predecessor appraiser removal 
procedure in 1996 during our ``streamlining'' review of all of HUD's 
regulations. The commenter wrote that ``[i]t is baffling why just three 
years ago the Department believed that repealing the less formal 
removal procedure was considered streamlining and now the Department 
considers recodifying a similar less formal removal provision to be 
streamlining.
    HUD Response. As noted in the preamble to the July 2, 1999 proposed 
rule and the preamble to this final rule, the removal of the Appraiser 
Roster removal procedure was inadvertent, and this final rulemaking is 
intended, in part, to correct this mistake.

IV. Summary of Provisions Adopted by this Final Rule and the 
December 28, 1999, Final Rule

    The following table presents a summary of the provisions adopted by 
this final rule and the final rule published on December 28, 1999. Both 
of these final rules are taken from the July 2, 1999, proposed rule. 
The first column of the table lists the provisions of the proposed 
rule. The second column lists where the proposed provision appears 
under the new section numbering of the rule that was initiated by the 
December 28, 1999 final rule, and which final rule adopted the 
provision.

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        Provision in proposed rule . . .                          adopted by final rule at . . .
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Sec.  200.200(a)...............................  Sec.  200.200(a) (December 22, 1999).
Sec.  200.200(b)...............................  Sec.  200.200(b) (December 22, 1999).
Sec.  200.200(c)...............................  Sec.  200.202 (December 22, 1999).
Sec.  200.200(d)...............................  Sec.  202.204(a) of this final rule.
Sec.  200.200(e)...............................  Sec.  200.206 (December 22, 1999).
Sec.  200.200(f)...............................  Sec.  202.204(b) of this final rule.
Sec.  200.200(g)...............................  Sec.  202.204(a) of this final rule.
Sec.  200.200(h)...............................  Sec.  202.204(c) of this final rule.
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V. Findings and Certifications

Paperwork Reduction Act Statement

    The information collection requirements contained in this rule have 
been submitted to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) and assigned OMB 
control number 2502-0538. An agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless the collection displays a valid control number.

Environmental Impact

    This final rule does not direct, provide for assistance or loan and 
mortgage insurance for, or otherwise govern or regulate, real property 
acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction, or establish, revise or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this 
final rule is categorically excluded from environmental review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).

Regulatory Flexibility Act

    The Secretary has reviewed this final rule before publication, and 
by approving it certifies, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), that this final rule would not have 
a significant economic impact on a substantial number of small 
entities. Generally, HUD expects that the number of removal proceedings 
initiated under this proposed rule would be relatively low. For 
example, in fiscal year 1998, of the over 30,000 appraisers listed on 
the Appraiser Roster, HUD initiated enforcement proceedings against 
only 36 appraisers (most of these enforcement proceedings were Limited 
Denial of Participation proceedings).
    Further, the proposed rule would provide several procedural 
safeguards designed to minimize any potential impact on small entities. 
For example, the rule grants appraisers, selected for removal from the 
Appraiser Roster, with the opportunity to provide a written response 
and to request a conference regarding a proposed removal. The rule also 
specifies that the official designated by HUD to review an appeal may 
not be the same HUD official involved in the initial removal decision.
    With respect to removing an appraiser from the Appraiser Roster, or 
taking other appropriate enforcement action against an appraiser, HUD 
is cognizant that section 222 of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 847) 
(``SBREFA'') requires the Small Business and Agriculture Regulatory 
Enforcement Ombudsman to ``work with each agency with regulatory 
authority over small businesses to ensure that small business concerns 
that receive or are subject to an audit, on-site inspection, compliance 
assistance effort or other enforcement related communication or contact 
by agency personnel are provided with a means to comment on the 
enforcement activity

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conducted by this personnel.'' To implement this statutory provision, 
the Small Business Administration has requested that agencies include 
the following language on agency publications and notices that are 
provided to small businesses concerns at the time the enforcement 
action is undertaken. The language is as follows:

Your Comments Are Important

    The Small Business and Agriculture Regulatory Enforcement 
Ombudsman and 10 Regional Fairness Boards were established to 
receive comments from small businesses about federal agency 
enforcement actions. The Ombudsman will annually evaluate the 
enforcement activities and rate each agency's responsiveness to 
small business. If you wish to comment on the enforcement actions of 
[insert agency name], call 1-888-REG-FAIR (1-888-734-3247).

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) (UMRA) requires Federal agencies to assess the effects of 
their regulatory actions on State, local, and tribal governments and on 
the private sector. This final rule does not impose, within the meaning 
of the UMRA, any Federal mandates on any State, local, or, tribal 
governments or on the private sector.

Federalism Impact

    Executive Order 13132 (entitled ``Federalism'') prohibits, to the 
extent practicable and permitted by law, an agency from promulgating a 
regulation that has federalism implications and either imposes 
substantial direct compliance costs on State and local governments and 
is not required by statute, or preempts State law, unless the relevant 
requirements of section 6 of the Executive Order are met. This final 
rule does not have federalism implications and does not impose 
substantial direct compliance costs on State and local governments or 
preempt State law within the meaning of the Executive Order.

VI. List of Subjects in 24 CFR Part 200

    Administrative practice and procedure, Claims, Equal employment 
opportunity, Fair housing, Home improvement, Housing standards, 
Incorporation by reference, Lead poisoning, Loan programs--housing and 
community development, Minimum property standards, Mortgage insurance, 
Organization and functions (Government agencies), Penalties, Reporting 
and recordkeeping requirements, Social security, Unemployment 
compensation, Wages.


    For the reasons discussed in the preamble, HUD amends 24 CFR part 
200 as follows:

PART 200--INTRODUCTION TO FHA PROGRAMS

    1. The authority citation for part 200 continues to read as 
follows:

    Authority: 12 U.S.C. 1701-1715z-18; 42 U.S.C. 3535(d).

    2. Section 200.204 is revised to read as follows:


Sec. 200.204  What actions may HUD take against unsatisfactory 
appraisers on the Appraiser Roster?

    An unsatisfactory appraiser may be subject to removal, education 
requirements, or other actions, as follows:
    (a) Removal from the Appraiser Roster. HUD officials, as designated 
by the Secretary, may at any time remove a listed appraiser from the 
Appraiser Roster for cause in accordance with paragraphs (a)(1) through 
(a)(3) of this section. The provisions of paragraphs (a)(1) through 
(a)(3) of this section do not apply to removal actions taken under any 
section in 24 CFR part 24 nor to any other remedy against an appraiser 
available to HUD by statute or otherwise.
    (1) Cause for removal. Cause for removal includes, but is not 
limited to:
    (i) Significant deficiencies in appraisals, including non-
compliance with Civil Rights requirements regarding appraisals;
    (ii) Failure to maintain standing as a state-certified or state-
licensed appraiser;
    (iii) Prosecution for committing, attempting to commit, or 
conspiring to commit fraud, misrepresentation, or any other offense 
that may reflect on the appraiser's character or integrity;
    (iv) Failure to perform appraisal functions in accordance with 
instructions and standards issued by HUD;
    (v) Failure to comply with any agreement made between the appraiser 
and HUD or with any certification made by the appraiser;
    (vi) Being issued a final debarment, suspension, or limited denial 
of participation;
    (vii) Failure to maintain eligibility requirements for placement on 
the Appraiser Roster as set forth under this subpart or any other 
instructions or standards issued by HUD; or
    (viii) Failure to comply with HUD-imposed education requirements 
under paragraph (c) of this section within the specified period for 
complying with such education requirements.
    (2) Procedure for removal. If you are a listed appraiser and HUD 
decides to remove you for cause from the Appraiser Roster, the 
following procedure applies to you unless you have been issued a final 
debarment, suspension, or limited denial of participation, in which 
case you are subject to paragraph (a)(3) of this section:
    (i) You will be given written notice of your proposed removal. The 
notice will include the reasons for your proposed removal and the 
duration of your proposed removal.
    (ii) You will have 20 days from the date of your notice of proposed 
removal to submit a written response appealing the proposed removal and 
to request a conference. A request for a conference must be in writing 
and must be submitted along with a written response.
    (iii) Within 30 days of receiving your written response, or if you 
have requested a conference, within 30 days after the completion of 
your conference, a HUD official, designated by the Secretary, will 
review your appeal and will send you a final decision either affirming, 
modifying, or canceling your removal from the Appraiser Roster. HUD may 
extend this time upon giving you notice. The HUD official designated by 
the Secretary to review your appeal will not be someone involved in 
HUD's initial removal decision nor will it be someone who reports to a 
person involved in that initial decision.
    (iv) If you do not submit a written response, your removal will be 
effective 20 days after the date of HUD's initial removal notice. If 
you submit a written response, and the removal decision is affirmed or 
modified, your removal or modification will be effective on the date of 
HUD's notice affirming or modifying the initial removal decision.
    (3) Automatic removal for issuance of final debarment, suspension, 
or limited denial of participation. If you are a listed appraiser and 
you have been issued a final debarment, a suspension, or a limited 
denial of participation, the provisions of paragraph (a)(2) of this 
section do not apply to you, and you will be automatically removed from 
the Appraiser Roster.
    (b) Reinstatement. If an appraiser who has been removed from the 
Roster wants to be reinstated on the Roster, the appraiser must follow 
the procedures and requirements contained in this subpart for placement 
on the Roster. Before an appraiser is eligible to reapply for placement 
on the Roster, the appraiser shall comply with the terms of any 
applicable remedial training education requirements, and the time

[[Page 17978]]

period for the appraiser's removal from the Roster shall have expired.
    (c) Education requirements. Where there is evidence that an 
appraiser is deficient in FHA appraisal requirements, HUD may require 
an appraiser to undergo professional training and retake the HUD test 
on FHA appraisal methods and reporting.
    (d) Other action. Nothing in this section prohibits HUD from taking 
such other action, against an appraiser, as provided under 24 CFR part 
24, or from seeking any other remedy against an appraiser available to 
HUD by statute or otherwise.

    Dated: March 29, 2000.
William C. Apgar,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 00-8421 Filed 4-4-00; 8:45 am]
BILLING CODE 4210-27-P