458.38(3)(b)(b) Include any fee for appraisal management services performed by the licensed appraisal management company in the amount the company reports as charges for the actual completion of an appraisal service by an appraiser. 458.38(3)(c)(c) Prohibit an appraiser from showing in an appraisal report or other document the fee that the licensed appraisal management company paid to the appraiser for the appraisal service. 458.38(3)(d)(d) Require an appraiser to state or affirm that any fees the licensed appraisal management company paid to the appraiser were reasonable and customary. 458.38 HistoryHistory: 2017 a. 113. 458.39(1)(1) A licensed appraisal management company shall maintain all of the following records for at least 5 years after the record is generated or 2 years after final disposition of any court proceeding concerning an appraisal service, whichever is later: 458.39(1)(a)(a) A written record of each request for an appraisal service and appraisal management services the licensed appraisal management company receives. 458.39(1)(b)(b) A written record of the identity of each appraiser who performs an appraisal service for the licensed appraisal management company. 458.39(1)(c)(c) A written record of all substantive communications between a licensed appraisal management company and an appraiser concerning an appraisal service or an independent appraiser’s inclusion on an appraiser panel of the appraisal management company. 458.39(2)(2) The department may audit the records of a licensed appraisal management company at any time to ensure compliance with this subchapter, rules promulgated under this subchapter, or the Uniform Standards of Professional Appraisal Practice described under s. 458.24. 458.39 HistoryHistory: 2017 a. 113. 458.41458.41 Appraiser independence. 458.41(1)(1) A licensed appraisal management company shall ensure that appraisals that are conducted for the company are conducted independently and free from inappropriate influence or coercion consistent with this section and 15 USC 1639e and rules promulgated under 15 USC 1639e. 458.41(2)(2) No licensed appraisal management company or employee, controlling individual, or other agent of a licensed appraisal management company may inappropriately influence or coerce, or attempt to inappropriately influence or coerce, an appraiser conducting an appraisal service, contrary to this section or to 15 USC 1639e or rules promulgated under 15 USC 1639e, including by doing any of the following: 458.41(2)(a)(a) Withholding, or threatening to withhold, timely payment for an appraisal service. 458.41(2)(b)(b) Withholding, or threatening to withhold, future business from an independent appraiser, or demoting or terminating, or threatening to demote or terminate, an appraiser. 458.41(2)(c)(c) Expressly or impliedly promising future business, promotions, or increased compensation for an appraiser. 458.41(2)(d)(d) Conditioning the assignment of an appraisal service or the payment of a fee or other compensation for an appraisal service on the opinion, conclusion, or valuation to be reached, or on a preliminary estimate or opinion requested from an appraiser. 458.41(2)(e)(e) Requesting an appraiser to provide an estimated, predetermined, or desired valuation in an appraisal report, or to provide estimated values of comparable sales prior to the appraiser’s completion of an appraisal service. 458.41(2)(f)(f) Providing to an appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a licensed appraisal management company may provide to an appraiser a copy of a sales contract for purchase. 458.41(2)(g)(g) Providing financial or nonfinancial benefits to an appraiser or to any person connected with the appraiser. 458.41(2)(h)(h) Removing or threatening to remove an independent appraiser from an appraiser panel. 458.41(2)(i)(i) Obtaining, using, or paying for a 2nd or subsequent appraisal or ordering an automated valuation model in connection with a mortgage financing transaction, unless there is a reasonable basis to believe that the initial appraisal was flawed and the basis is clearly noted in the loan file, or unless the appraisal or automated valuation model is performed as a bona fide prefunding or postfunding appraisal review or quality control process. 458.41(2)(j)(j) Requiring that an appraiser indemnify or hold harmless the appraisal management company for liability for any damages, losses, or claims arising out of appraisal management services provided to a client by the appraisal management company. 458.41(2)(k)(k) Any other act or practice that impairs, or attempts to impair, an appraiser’s independence, objectivity, or impartiality. 458.41(3)(3) No licensed appraisal management company may do any of the following: 458.41(3)(a)(a) Change an appraisal report or other results of an appraisal service submitted by an appraiser to the licensed appraisal management company. 458.41(3)(b)(b) Require an appraiser to change an appraisal report or other results of an appraisal service. 458.41(3)(c)(c) Require an appraiser to complete an appraisal service if the appraiser, in the appraiser’s professional judgment, determines that he or she does not have necessary expertise concerning the geographic area of the subject property, if the appraiser notifies the licensed appraisal management company in writing of that determination.