61-2b-29.   Disciplinary action -- Grounds.
     (1) (a) The board may order disciplinary action against a person:
     (i) registered, licensed, or certified under this chapter; or
     (ii) required to be registered, licensed, or certified under this chapter.
     (b) On the basis of a ground listed in Subsection (2) for disciplinary action, board action may include:
     (i) revoking, suspending, or placing a person's registration, license, or certification on probation;
     (ii) denying a person's original registration, license, or certification;
     (iii) denying a person's renewal license or certification;
     (iv) in the case of denial or revocation of a registration, license, or certification, setting a waiting period for an applicant to apply for a registration, license, or certification under this chapter;
     (v) ordering remedial education;
     (vi) imposing a civil penalty upon a person not to exceed the greater of:
     (A) $2,500 for each violation; or
     (B) the amount of any gain or economic benefit from a violation;
     (vii) issuing a cease and desist order;
     (viii) modifying an action described in Subsections (1)(b)(i) through (vii) if the board finds that the person complies with court ordered restitution; or
     (ix) doing any combination of Subsections (1)(b)(i) through (viii).
     (2) The following are grounds for disciplinary action under this section:
     (a) procuring or attempting to procure a registration, license, or certification under this chapter:
     (i) by fraud; or
     (ii) by making a false statement, submitting false information, or making a material misrepresentation in an application filed with the division;
     (b) paying money or attempting to pay money other than a fee provided for by this chapter to a member or employee of the division to procure a registration, license, or certification under this chapter;
     (c) an act or omission in the practice of real estate appraising that constitutes dishonesty, fraud, or misrepresentation;
     (d) entry of a judgment against a registrant, licensee, or certificate holder on grounds of fraud, misrepresentation, or deceit in the making of an appraisal of real estate;
     (e) a guilty plea to a criminal offense involving moral turpitude that is held in abeyance, or a conviction, including a conviction based upon a plea of guilty or nolo contendere, of a criminal offense involving moral turpitude;
     (f) engaging in the business of real estate appraising under an assumed or fictitious name not properly registered in this state;
     (g) paying a finder's fee or a referral fee to a person not licensed or certified under this chapter in connection with an appraisal of real estate or real property in this state;
     (h) making a false or misleading statement in:
     (i) that portion of a written appraisal report that deals with professional qualifications; or
     (ii) testimony concerning professional qualifications;
     (i) violating or disregarding:

     (i) a provision of this chapter;
     (ii) an order of the board; or
     (iii) a rule issued under this chapter;
     (j) violating the confidential nature of governmental records to which a person registered, licensed, certified, or approved as an expert under this chapter gained access through employment or engagement as an appraiser by a governmental agency;
     (k) accepting a contingent fee for performing an appraisal as defined in Subsection 61-2b-2(1)(a) if in fact the fee is or was contingent upon:
     (i) the appraiser reporting a predetermined analysis, opinion, or conclusion;
     (ii) the analysis, opinion, conclusion, or valuation reached; or
     (iii) the consequences resulting from the appraisal assignment;
     (l) unprofessional conduct as defined by statute or rule;
     (m) in the case of a dual licensed title licensee as defined in Section 31A-2-402:
     (i) providing a title insurance product or service without the approval required by Section 31A-2-405; or
     (ii) knowingly providing false or misleading information in the statement required by Subsection 31A-2-405(2); or
     (n) other conduct that constitutes dishonest dealing.

Amended by Chapter 352, 2009 General Session
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Last revised: Thursday, May 28, 2009