61-2b-29 - Disciplinary action -- Grounds.
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 actionmay include:
(i) revoking, suspending, or placing a person's registration, license, or certification onprobation;
(ii) denying a person's original registration, license, or certification;
(iii) denying a person's renewal license, certification, or registration;
(iv) in the case of denial or revocation of a registration, license, or certification, setting awaiting period for an applicant to apply for a registration, license, or certification under thischapter;
(v) ordering remedial education;
(vi) imposing a civil penalty upon a person not to exceed the greater of:
(A) $5,000 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 boardfinds that the person complies with court ordered restitution; or
(ix) doing any combination of Subsections (1)(b)(i) through (viii).
(c) (i) If the board or division issues an order that orders a fine or educationalrequirements as part of the disciplinary action against a person, including a stipulation and order,the board or division shall state in the order the deadline by which the person shall comply withthe fine or educational requirements.
(ii) If a person fails to comply with a stated deadline:
(A) the person's license, certificate, or registration is automatically suspended:
(I) beginning on the day specified in the order as the deadline for compliance; and
(II) ending the day on which the person complies in full with the order; and
(B) if the person fails to pay a fine required by an order, the division may begin acollection process:
(I) established by the division by rule made in accordance with Title 63G, Chapter 3,Utah Administrative Rulemaking Act; and
(II) subject to Title 63A, Chapter 8, Office of State Debt Collection.
(2) The following are grounds for disciplinary action under this section:
(a) procuring or attempting to procure a registration, license, or certification under thischapter:
(i) by fraud; or
(ii) by making a false statement, submitting false information, or making a materialmisrepresentation in an application filed with the division;
(b) paying money or attempting to pay money other than a fee provided for by thischapter to a member or employee of the division to procure a registration, license, or certificationunder 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 offraud, 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 acriminal offense involving moral turpitude;
(f) engaging in the business of real estate appraising under an assumed or fictitious namenot properly registered in this state;
(g) paying a finder's fee or a referral fee to a person not licensed or certified under thischapter 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) 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 throughemployment or engagement as an appraiser by a governmental agency;
(k) accepting a contingent fee for performing an appraisal if in fact the fee is or wascontingent 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 Section31A-2-405; or
(ii) knowingly providing false or misleading information in the statement required bySubsection 31A-2-405(2); or
(n) other conduct that constitutes dishonest dealing.
Amended by Chapter 379, 2010 General Session