Real estate appraisers’ reaction to Executive Order 562 - by Douglas Galloway

Douglas Galloway, Durkin Law P.C.

Governor Charles Baker issued Executive Order 562 in response to ever-increasing administrative regulations that place Massachusetts at an economic disadvantage to our N.E. neighbors by stifling business growth, inhibiting job-creation, and imposing unnecessary costs on the Commonwealth. It immediately imposes new standards for enacting regulations and requires each agency to revise all of their existing regulations to meet those new standards, else the regulation is rescinded. The new standards require that “every regulation is clear, concise and written in plain and readily understandable language.” See Executive Order 562 at http://www.mass.gov/governor/legislationexecorder/execorders/executive-order-no-562.html for complete text.

Pursuant to the governor’s order, the Mass. Board of Registration of Real Estate Appraisers invited the public to an “open forum” to discuss potential amendments to their regulations. I was excited to attend as an attorney who deals with these regulations on a daily basis. I also believed, perhaps naïvely, that the forum would be an exchange of ideas, and was hopeful that this could mark a progression towards transparent policy-making built on a symbiosis between practical public insight and regulatory oversight. I imagine others shared my expectations as all but one seat was filled.

Sadly, this was not the case. Board members became very silent once the “open forum” began. Attendance was taken as the board’s attorney read from a prepared statement. When the attendance sheet was handed in, the board’s attorney noticed that no one had elected to make comments. I cannot speak for the others, but personally, I wanted to wait until I heard what the board was doing to reform the regulations before making my own suggestions. Once the board’s attorney jokingly adjourned the meeting upon no further comments, it became clear that we would be leading the discussion. The board’s attorney went down the list of attendees offering another chance to be heard. One by one, each name was called. However, at no point during the comments did the board break from their blank stares. There was no interjection, no acknowledgment, and absolutely no feedback to our comments. The silence that followed each comment was painfully awkward as the next individual shuffled forward to provide their thoughtful concerns to the apathetic board. The board showed that this was not a collaborative effort, and that, thus far, they were not going to disclose to the public what was being done per the governor’s order. The notion of transparency or the exchange of ideas was evidently not in their definition of “open forum.” Once the last commenter spoke, the crowd was encouraged to depart while a feigned invitation to stay for the open hearing to follow was extended.

For a moment, my disappointment faded. All those who had begun to leave returned to their seats, anticipating the board’s feedback. Hushed murmurs were passed between board members, perhaps deciding which issue to address first. Then the board chair addressed us for the first time. I don’t know his name because, despite our introductions, the board had not reciprocated. Regardless, I readied my pen as the board chair told us that there were no open items to discuss. The board had no open items on the day the public was invited (as ordered by the governor) to attend an “open forum” to discuss issues and provide input to assist the board in fixing their own regulations. The board’s attorney apologized for his mistake, looking as confused as we all did, and asked us to leave. We were invited to attend the next open hearing. No date was given. The current state of real estate appraisal is bleak. Onerous and confusing regulations are continuously passed without appraisers knowing. They pile up on the register, waiting to ensnare the oblivious appraiser in sanctions that drain their pocketbook and threaten their livelihood. In the wake of Executive Order 562, I had hoped to see the board take a step towards transparency and collaboration. Instead, all I saw was the Board dragging their feet. My overall disappointment was that on the day the public was invited to help the Board answer the governor’s call for change, the board said nothing. I wonder if this is what governor had in mind?

Douglas Galloway is an associate at Durkin Law P.C., Boston.