Complaint Process
Appraiser Complaints || Real Estate Broker Complaints || Mortgage Loan Originator Complaints
Conservation Easement Holder Complaints || Homeowners Association Complaints
Appraiser Complaints - Complaint Form .PDF File File complaint on-line
When a written complaint is received by the Board it is directed to the Program Administrator for review and assignment to the investigator. The investigator determines the proper respondent(s) based on information on the complaint. Respondents are added or dismissed throughout the course of the investigation as additional information becomes available. A letter, with a copy of the complaint, is sent to the respondent(s), requesting a response within 14 days, pursuant to Board Rule 13.4. Copies of the workfile, including all pertinent documents to the appraisal are also requested. At the same time, a letter is mailed to the complainant, acknowledging receipt of the complaint.
The staff makes no assumption as to the validity of the complaint and will normally wait until a response is received from the respondent before proceeding with a complete investigation. This will aid the investigator in better understanding the appraisal and will help in answering questions raised in the complaint.
The investigator analyzes the complaint, response and pertinent documents to determine possible license law violations. All parties to the complaint, as well as witnesses, are interviewed. The investigator also contacts attorneys, mortgage companies, title company personnel and others who have knowledge of the appraisal. Additional documents may be sought from county offices and civil courts.
Upon completion of the investigation, the investigator prepares a written report concerning the facts that have been obtained. At that time the complaint may be dismissed by the Program Administrator on the basis of insufficient evidence of a license law violation or for lack of jurisdiction. If that is the case, all parties to the complaint will receive letters informing them of the disposition.
If, however, the facts obtained appear to indicate a violation of license law, the report is submitted to the Board for consideration. At this time, the Board may vote to dismiss, admonish, or refer the matter to a formal hearing. The Board has the discretion to summarily suspend the licensee if there appears to be an immediate danger to the public.
In the event the matter is referred to hearing, the Attorney General's office is notified. An attorney is assigned to the case and the respondent is notified. A licensee, with or without an attorney, may agree to a stipulation without the benefit of a formal hearing. Stipulations range from agreeing to take real estate appraisal courses, agreeing to a period of probation or suspension or revocation of the license. All stipulations negotiated between the respondent and /or their attorney with either Board staff or the Attorney General must be accepted by majority vote of the Board.
If the matter proceeds to a formal hearing, it is held in accordance with CRS 12-61-710. After hearing the matter, the Administrative Law Judge makes an Initial Decision, which is forwarded to the parties and the Board for their review. The Initial Decision includes findings of fact and conclusion of law. The Board may or may not adopt the Initial Decision. The respondent licensee may file objections to the Board within 30 days after receiving the Initial Decision. After consideration of the Initial Decision and any objections that may be filed, the Board may vote to adopt the Initial Decision or it may vote to modify the Initial Decision by increasing or decreasing the penalty. The Board may also vote to remand the Decision for clarification or rehearing.
After the Board has issued its order in the matter, the licensee may appeal the case to the Court of Appeals and, in some instances, appeal again to a higher court.
Real Estate Broker Complaints - Complaint Form .PDF File File complaint on-line
The
Commission receives an average of 1000 written complaints per
year against brokers, salespersons, subdivision developers and
appraisers. Approximately 15% of those result in some form of
disciplinary action. The following information regarding investigations
is for the benefit of licensees and the public.
The investigative authority is contained in CRS 1973 12-61-113
(1): "The commission, upon its own motion, may, and, upon
a verified complaint in writing of any person shall, investigate
the activities of any licensee....".
When a written complaint is received by the Commission it is directed
to the Chief of Enforcement for review and assignment to an investigator.
The investigator determines the proper respondent(s) based on
the information in the complaint. Respondents are added or dismissed
throughout the course of the investigation as additional information
becomes available. A letter, with a copy of the complaint, is
sent to the respondent(s) requesting a response within fourteen
days. Copies of pertinent documents to the transaction are also
requested. At the same time, a letter is mailed to the complainant
acknowledging receipt of the complaint.
The staff makes no assumption as to the validity of the complaint
and will normally wait until a response is received from the respondent(s)
before proceeding with a complete investigation. This will aid
the investigator in better understanding the transaction and will
help in answering questions raised in the complaint. Commission
Rule E-21 states, "Pursuant to C.R.S. 12-61-113, a licensee
who has received notification from the Commission that a complaint
has been filed ... shall submit to the commission a written answer.
Failure to submit a written answer within the time set by the
commission in its notification shall be grounds for disciplinary
action unless the commission has granted an extension of time
for answer."
The investigator analyzes the complaint, response and pertinent
documents to determine possible license law violations. All parties
to the complaint, as well as witnesses, are interviewed. The investigator
also contacts attorneys, mortgage companies, title company personnel
and others who have knowledge of the transaction. Additional documents
may be sought from county offices and civil courts. On some occasions,
the investigator may request a conference to help resolve differences.
Upon completion of the investigation, the investigator prepares
a written report concerning the facts that have been obtained.
At that time the complaint may be dismissed by the Chief of Enforcement
on the basis of insufficient evidence of a license law violation,
a satisfactory settlement, or for lack of jurisdiction. If that
is the case, all parties to the complaint will receive letters
informing them of the disposition.
If, however, the facts appear to indicate a violation of license
law, the report is submitted to the Commission for consideration
at its next regularly scheduled meeting. At that time, the Commission
can vote to dismiss the complaint, admonish the respondent(s),
or refer the matter to hearing for further action. The Commission
has the discretion to summarily suspend the licensee if there
appears to be an immediate danger to the public.
In the event the matter is referred for further action, the Commission can refer it through the Alternative Disciplinary Process (ADP) for remedial action, through the Expedited Settlement Process (ESP) for disciplinary action, or to the Assistant Attorney General's office for a formal administrative hearing in front of an Administrative Law Judge. When referring the complaint through the ADP or ESP, the Commission and the respondent(s) enter into a Stipulation for Diversion or Stipulation and Final Agency Order. Remedial or disciplinary action under these stipulations can include education, restitution, censure, probation, suspension, and revocation of the license. Suspension can range from several days to several years.
If
the matter proceeds to a formal hearing, it is held in accordance
with CRS 1973, 12-61-114. After hearing the matter, the Administrative
Law Judge makes an Initial Decision, which is forwarded to the
parties and the Commission for their review. The Initial Decision
includes findings of fact and conclusion of law. The Commission
may or may not adopt the Initial Decision. The respondent licensee
may file objections to the Commission within 30 days after receiving
the Initial Decision. After consideration of the Initial Decision
and any objections that may be filed, the Commission may vote
to adopt the Initial Decision or it may vote to modify the Initial
Decision by increasing or decreasing the penalty. The Commission
may also vote to remand the Decision for clarification or rehearing.
After the commission has issued its order in the matter, the licensee
may appeal the case to the Court of Appeals and, in some instances,
appeal again to a higher court.
Mortgage Loan Originator Complaints - Complaint Form .PDF File File complaint on-line
The Division
of Real Estate began accepting complaints regarding mortgage loan originators
January 1, 2007.
The Division will direct all complaints to the program administrator
for review. The program administrator will determine if the complaint
falls within the jurisdiction of the Mortgage Loan Originator Licensing
Act (the "Act"). The complaint may be closed by the program administrator
for lack of jurisdiction. When the program administrator determines
the complaint falls within the Division's jurisdiction, the complaint
will be assigned to the appropriate investigator and an investigation
will be opened. The investigator will analyze the complaint and
all pertinent documents to determine possible license law violations.
Statements and information will be gathered from all applicable
parties. If there is a violation of the Act, the Director will
take appropriate action.
When submitting a complaint, please remember the following:
1. Please take time to organize your thoughts and all information
regarding your complaint.
2. Please state your complaint as clearly as possible.
3. Please include all details of the events that occurred.
4. Please provide all supporting documentation relevant to the
complaint.
5. Should you need to attach supporting documentation, please
print off the complaint form and submit a physical package to
the Division. You may submit a physical package by mail, fax,
or in person.
6. The Division of Real Estate requests a complaint form be completed with every complaint.
7. Please forward all complaint information to the following address:
Division of Real Estate - Attn: Mortgage Loan Originator Complaint Department
1560 Broadway, Suite 925
Denver, CO. 80202
Conservation Easement Holder Complaint Process - Complaint Form .PDF File
Pursuant to Section 12-61-720 C.R.S. the Division shall have the authority to promulgate rules for the certification program and impose discipline authorized in the section. When a written complaint is received by the Division it is directed to the investigator. The investigator determines the proper respondent(s) based on information on the complaint. Respondents are added or dismissed throughout the course of the investigation as additional information becomes available. Copies of all pertinent documents to the complaint may also be requested.
The staff makes no assumption as to the validity of the complaint and will normally wait until a response is received from the respondent before proceeding with a complete investigation. This will aid the investigator in better understanding the complaint and will help in answering questions raised in the complaint. The investigator analyzes the complaint, response and pertinent documents to determine possible rule violations. The investigator may contact witnesses, attorneys, appraisers, title company personnel and others who have knowledge of the complaint. Additional documents may be sought from county offices and civil courts.
Upon completion of the investigation, the investigator prepares a written report concerning the facts that have been obtained. At that time the complaint may be dismissed by the Program Administrator on the basis of insufficient evidence of a rule violation or for lack of jurisdiction. If, however, the facts obtained appear to indicate a violation of rule, the report is submitted to the Conservation Easement Oversight Commission for recommendation. At this time, the Commission may vote to recommend dismissal, admonishment, suspension of certification, revocation of certification or to fine the certified organization. The Division will make the final determination in consultation with the Commission or refer the matter to a formal hearing.
HOA Complaint Process- Complaint Form .PDF File
The HOA Information Office and Resource Center encourages consumers to submit complaints to the Division using our online complaint submission form; or by submitting a written or e-mailed complaint to the Division with accompanying documentation. Please do not send original documentation to the HOA Information Office and Resource Center as such material will not be returned. The HOA information and Resource Center and the Division of Real Estate do not have any investigative or enforcement capabilities to address HOA complaints.
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