VERMONT SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF REAL ESTATE APPRAISERS } } } DEFAULT ORDER

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1 4. VERMONT SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF REAL ESTATE APPRAISERS Inre: License No. Daniel F. Blais } } } Docket No. REAO DEFAULT ORDER The Vermont Board of Re~ Estate Appraisers held a hearing on the above matter on 4nt. January 2006 at the Heritage Building, 81 River Street, Montpelier, Vermo The RespondentAllen, did not appear at the hearing. Participating in the decision were Ami Miln- Waynea Calderara, Lawrence Martin (Chairman) and Kenneth Miner. James Postm recused himself. Prosecuting attorney Robert H. Backus represented the State of Vermont. J'-.evin F. Leahy, Board counsel, was the presiding officer. Findings of Fact 1. Respondent is subject to the regulatory authority of this Board. 3 V.S.A. 129 and 129a, 26 V.S.A. Chapter 69, the Rules of the Vennont Board of Real Estate Appraisers and the Rules of the Office of Professional Regulation. 2. The state prosecuting attorney filed charges againsthe Respondent on 27 October The Office of Professional Regulation sent notice of the charges by certified mail to thenstructions Respondent's last known address. The notice of charges contained j detailingling the Respondent's legal obligation to answer the charges and explair the consequences of failure to file a timely answer. The Office of Professional Regulation also sent a notice11 of the 4 January 2006 default hearing on this matter by certified ma to the Respondent. The Respondent did not answer the charges within the time permitted by Office of Professional Regulation Rule 3.3 or at any time thereafter. 5. Upon taking official notice of its own file in this matter pursuant to Board found the Respondent to be in default. The allegations coma] j V.S.A. 810(4), thened in the State's specification of charges (copy attached) are therefore treated as pro' "en and serve as the factual basis for the Board's order. OPR Rule 3.4, 3 V.S.A. 809(c1) and 814(c). Conclusions of Law 6. The Respondent received adequate and legal notice of the charges as indicated by the 1

2 ~ecause lsed Board's file and the State's presentation of the case to the Board. t the Respondenttactual failed to answer the charges of unprofessional conduct, the State's allegations are(ule treated as if proved pursuant to Office of Professional Regulation j 3.4. Accordingly,~O9( the Board finds, in the default hearing held pursuant to 3 V.S,A. ~ d), that the Respondent has engaged in unprofessional conduct as alleged in tb e State's specification of charges. Specifically, the Board finds the Respondent, F. Daniel Blais, licer certified residential real estate appraiser under license no , talj ed to disclose, on hisi), original 1991 application for licensure, convictions for: DWI (198: driving while license suspended (1986), unlawful trespass and petit larceny (198~ 5) and driving while license suspended (1988). 11. In addition to his criminal behavior, which evidences an unfitness 10 hold a license, thelicense Respondent has committed unprofessional conduct by procuring a by knowingly making' a false statement, submitting false information and refusiru~ to provide complete information in response to a question in an application for licensur( 12. The Respondent failed, once again, to disclose these convictions on his 1994 certified residential appraiser license application. The Respondent failed, on a 2001 renewal application, to disclose additional convictions for driving while license suspended in 1999 and On 16 March 2005, Respondent was convicted of retail t~eft (felony) and escape (felony). Respondent was required to disclose these convictions to the office of professional reguiationby 3 V.S.A. 129a.(II), which he failed to do. Respondent's misrepresentations warrant a revocation of his license. ~ m accordance with the above findings of fact and conclusions of law, the Board orders the license of the Respondent to be REVOKED as of 4 January r- Vermont Board of Real Estate Appraisers: By: /Lawrence Martin Chairman Date: A/~/ tjt;;. OFFICE OF PROFESSIONAL REGULATION DATE OF ENTRY: 02 /.10,loCer- 2

3 Appeal Rights This is a final administrative detemlination by the Vemlont Board of Nursing. A party aggrieved by a final decision of a board may appeal this decision by filing a written Notice of Appeal with the Director of the Office of Professional Regulation, Vermont Secretary of State, 26 Terrace Street, Drawer 09, Montpelier, Vermont within 30 days of the entry of this order. If an appeal is filed, the Director of the Office of Professional Regulation shall assign the case to an appellate officer. The review shall be conducted on the basis of the record created before the board. In cases of alleged irregularities in procedure before the board, not shown in the record, proof on that issue may be taken by the appellate officer. 3 V.S.A. 129(d) and 130a. 3

4 STATE OF VERMONT SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF REAL ESTATE APPRAISERS IN RE: F. Daniel Blais License No.: ) ) ) Docket No.: REAO SPECIFICATION OF CHARGE~ NOW COMES the State of Vermont and makes the following Charges against the Respondent, F. Daniel Blais: Board Authority 1. The Vennont Board of Real Estate Appraisers (the 'Board") has jurisdiction to investigate and adjudicate complaints of unprofessional conallct against real estate.a. appraiser licensees pursuant to 3 V.S.A. 129, 129a; 26 V.S 3314, 3315 and 3323; and the Vennont Board of Real Estate Appraiser ("VB: REA") Rules. 2. Fraudulent or deceptive procurement or use of a license is a basis on which the Board can impose disciplinary action. 3 V.S.A. 129a(a)(1). 3. Procuring or attempting to procure a license by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for licensure or through any form of fraud or misrepresentation is a basis on which the Board can impose ~sciplinary action. 26 V.S.A. 3323(a)(1). I 4. Conviction ora crime related to the practice of the ~rofession or conviction of a felony, whether or not related to the practice of the professi n is a basis on which the Board can impose disciplinary action. 3 V.S.A. 129a(a)(lO) 5. Failing to report to the office a conviction of any fe ~ ny or any offense related STATE OF VERMONT to the practice of the profession in a Vennont district court, a Vennont superior court, or a court outside Vemlont within 30 days is a basis on which e Board can impose disciplinary action. 3 V.S.A. 129a(a)(:11). Statement of Facts 6. The Respondent, F. Daniel Blais, is licensed as a C t ified Residential Real Estate Appraiser under license number Prosecuting Attorney Office of Professional Regulation 9 Baldwin Street Montpelier, VT

5 7. The Respondent was originally licensed on December 16, 1991 when he was granted a Residential Real Property Appraiser license. He applied for Certified Residential Appraiser's license which was granted on May 15, His most recent license expired on May 31, 2005 and was not renewed. 8. Respondent's original application for licensure was received by the Office of Professional Regulation on October 21, On this application he failed to disclose the following criminal convictions (by date of conviction); Driving While Intoxicated (DWI), 2/19/1985; Driving While License Suspended (DLS), 3/6/1986; Unlawful Trespass and Petit Larceny, 3/10/1986; and, DLS, 6/20/ In his application to become a Certified Residential Appraiser, dated December 7, 1994, and received by the Office of Professional Regulation on December 12, 1994, Respondent again failed to disclose any of the convictions set out ii) paragraph By renewal application dated April 27, 2001 Respondent renewed his license for the cycle. In that application he failed to disclose the following convictions; DLS, 7/19/1999 and DLS, 6/13/ By renewal application dated June 15, 2003 Respondent renewed his license for the cycle. In that application he failed to disclose the following convictions; DWI, 4/3/2002; DWI and Violation of Conditions of Release (4 counts); and, DLS, 1/21/ On all these applications Respondent was required to disclose all criminal convictions in response to questions on the forms. 13. On March 16,2005 Respondent was convicted of Retail Theft -Felony and Escape (a felony). He was sentenced to 6 to 18 months on each charge, concurrent to each other but consecutive to his other sentences (not specified in the court documents), given thirty days credit for time served and remanded to the Commissioner of Corrections. Respondent did not report these convictions to the Office of Professional Regulation within thirty days. Charges STATE OF VERMONT p~ ~ Prosecuting Attorney Office of Professional Regulation 9 Baldwin Street Montpelier, VT A. For each conviction that Respondent failed to disclose on each of his applications and renewal applications Respondent has committed unprofessional conduct by violating 3 V.S.A. 129a(a)(1) (Fraudulent or deceptive procurement or use ofa license). B. For each conviction that Respondent failed to disclose on each of his applications and renewal applications Respondent has committed unprofessional conduct by violating 3 V.S.A. 129a(a)(lO)(procuring or attempting to procure a license by knowingly making a false statement, submitting false information, refusing to provide complete 2

6 infonnation in response to a question in an application for licensure or through any fond of fraud or misrepresentation). C. For each felony conviction Respondent has committed unprofessional conduct in violation of 3 V.S.A. 129a( a)(l 0) (Conviction of a crime related to the practice of the profession or conviction of a felony, wheth,er or not related to the practice of the profession). D. For each felony conviction that Respondent failed to report to the Office of Professional Regulation within thirty days Respondent has committed unprofessional conduct in violation of 3 V.S.A. 129a(a)(11) (Failing to report to the office a conviction of any felony or any offense related to the practice of the profession in a Vemlont district court, a Vemlont superior court, or a court outside Vemlont within 30 days). E. For each violation of a state statute alleged above Respondent has committed unprofessional conduct in violation 3 V.S.A. 129a(a)(3) (Failure to comply with provisions of federal or state statutes or rules governing the practice of the profession). WHEREFORE, the license off. Daniel Blais should be revoked, suspended, or otherwise disciplined State Prosecuting Attorney STATE OF VERMONT Prosecuting Attorney Office of Professional Regulation 9 Baldwin Street Montpelier, VT