§ 93E-1-12. Disciplinary action by Board.
§ 93E‑1‑12. Disciplinary action by Board.
(a) The Board may takedisciplinary action against registered trainees and State‑licensed orState‑certified real estate appraisers. Upon its own motion or thecomplaint of any person, the Board may investigate the actions of any personregistered as a trainee or licensed or certified as a real estate appraiserunder this Chapter, any person who performs appraisals without an appropriateregistration, license, or certificate, or any person who holds himself or herselfout to be registered as a trainee or licensed or certified as a real estateappraiser when the person holds no registration, license, or certificate. Underno circumstances shall the Board investigate any person registered as a traineeor licensed or certified as a real estate appraiser under this Chapter upon ananonymous complaint. If the Board finds probable cause to believe that a personregistered as a trainee or licensed or certified as a real estate appraiserunder this Chapter has violated any of the provisions of this Chapter, theBoard may hold a hearing on the allegations of misconduct.
The Board may suspend orrevoke the registration, license, or certificate granted to any person underthe provisions of this Chapter or reprimand any registered trainee, licensee,or certificate holder if, following a hearing or by consent, the Board findsthe registered trainee, licensee, or certificate holder to have:
(1) Procuredregistration, licensure, or certification pursuant to this Chapter by making afalse or fraudulent representation;
(2) Made any willful ornegligent misrepresentation or any willful or negligent omission of materialfact;
(3) Accepted anappraisal assignment when the employment is contingent upon the appraiserreporting a predetermined result, analysis, or opinion, or when the fee to bepaid for the performance of the appraisal assignment is contingent upon theopinion, conclusion, or valuation reached or upon consequences resulting fromthe appraisal assignment;
(4) Acted or held himselfor herself out as a registered trainee or a licensed or certified real estateappraiser when not so registered, licensed, or certified;
(5) Failed as a licensedor certified real estate appraiser to actively and personally supervise anyperson not licensed or certified under this Chapter who assists the licensed orcertified real estate appraiser in performing real estate appraisals;
(6) Failed to makeavailable to the Board for its inspection without prior notice, originals ortrue copies of all written contracts engaging the person's services to appraisereal property, and all reports and supporting data assembled and formulated bythe appraiser in preparing the reports;
(7) Paid a fee orvaluable consideration to any person for acts or services performed inviolation of this Chapter;
(8) Acted as a realestate appraiser in an unworthy or incompetent manner as to endanger theinterest of the public;
(9) Violated any of thestandards of practice for real estate appraisers or any other rule promulgatedby the Board;
(10) Performed any otheract which constitutes improper, fraudulent, or other dishonest conduct; or
(11) Violated any of theprovisions of this Chapter.
The Executive Director of theBoard shall transmit a certified copy of all final orders of the Boardsuspending or revoking registrations, licenses, or certificates issued underthis Chapter to the clerk of superior court of the county in which the licenseeor certificate holder maintains the person's principal place of business. Theclerk shall enter these orders upon the judgment docket of the county.
(b) Following ahearing, or by consent, the Appraisal Board may also suspend or revoke anyregistration, license, or certificate issued under the provisions of thisChapter or reprimand any registered trainee, licensee, or certificate holderwhen:
(1) The registeredtrainee, licensee, or certificate holder has been convicted of or has entered aplea of guilty or no contest upon which final judgment is entered by a court ofcompetent jurisdiction in this State, or any other state, to an offense whichinvolves moral turpitude, in which an essential element is dishonesty, fraud,or deceit, or which, in the discretion of the Board, would reasonably affectthe performance of the registered trainee, licensee, or certificate holder inthe real estate appraisal business;
(2) A final civiljudgment has been entered against the registered trainee, licensee, orcertificate holder on grounds of fraud, misrepresentation, or deceit in themaking of any appraisal of real estate;
(3) The trainee,licensee, or certificate holder has violated any of the provisions of G.S. 93E‑1‑13(a)when appraising his own property;
(4) The trainee,licensee, or certificate holder has had a real estate trainee registration orits equivalent, real estate appraiser license, or real estate appraisercertification suspended, revoked, or denied by a real estate licensing board inanother state;
(5) The trainee,licensee, or certificate holder has had any disciplinary action taken againstany other professional license in North Carolina or any other state;
(6) The trainee,licensee, or certificate holder has been adjudged mentally incompetent by acourt; or
(7) The trainee,licensee, or certificate holder performs any of the duties of a real estateappraiser, including, but not limited to, site inspection and public recordschecks, while impaired by alcohol or drugs.
(b1) If any of theactions taken in subdivision (1), (2), or (4) through (6) of subsection (b) ofthis section are taken against a trainee, licensee, or certificate holder, thetrainee, licensee, or certificate holder must report such actions within 60days of the final judgment or final order in the case.
(c) When a personregistered as a trainee or licensed or certified as a real estate appraiserunder this Chapter is accused of any act, omission, or misconduct which wouldsubject the person to disciplinary action, the registered trainee, licensee, orcertificate holder, with the consent and approval of the Board, may surrender hisor her registration, license, or certificate and all the rights and privilegespertaining to it for a period of time established by the Board of at least fiveyears. A person who surrenders his or her registration, license, or certificateshall not thereafter be eligible for or submit any application forregistration, licensure, or certification as a real estate appraiser during theperiod that the registration, license, or certificate is surrendered.
(c1) During the course ofan investigation of a person registered as a trainee or licensed or certifiedas a real estate appraiser under this Chapter, the Board may send to thetrainee or licensed or certified real estate appraiser a letter of inquiryasking the trainee or licensed or certified real estate appraiser to respond tothe inquiry. The letter of inquiry shall state the subject matter beinginvestigated. Upon receipt of the letter of inquiry, the trainee or licensed orcertified real estate appraiser shall respond to the Board within 30 calendardays. A trainee or licensed or certified real estate appraiser shall include inthe written response copies of all documents requested by the Board in theletter of inquiry.
(d) The Board shallhave the power to issue subpoenas requiring the attendance of persons and theproduction of papers and records before the Board in any hearing,investigation, inquiry, or other proceeding conducted by it. Upon theproduction of any papers, records, or documents, the Board shall have the powerto authorize true copies thereof to be substituted in the permanent record ofthe matter in which the books, records, or documents shall have been introducedin evidence. (1993,c. 419, s. 6; 1995, c. 482, s. 9; 2001‑399, s. 1; 2007‑447, ss. 1,2; 2007‑506, ss. 10, 11.)