59.         Jurisdictional Exception and workfile retention

 

Question:

My state law requires an appraiser to retain workfiles for three years after the valuation date. Is this an example of a jurisdictional exception?

 

Response:

No.  Jurisdictional exception is  defined as

 

 

 

an assignment condition that voids the force of a part or parts of USPAP, when compliance with part or parts of USPAP is contrary to law or public policy applicable to the assignment.

 

 

In the scenario described, complying with the Record Keeping section of the ETHICS RULE would exceed the requirements of the law, but it would not be contrary to the law.

 

 

By retaining access to workfiles for the longer period required by USPAP, the appraiser would also be in compliance with the law. Therefore, this would not be a jurisdictional exception.

 

 

 

 

 

 

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USPAP 2008–2009 Edition
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