61-2e-402 - Enforcement -- Immunity for board.
61-2e-402. Enforcement -- Immunity for board.
(1) (a) The board may order disciplinary action against:
(i) an entity registered under this chapter;
(ii) an entity required to be registered under this chapter; or
(iii) a controlling person of an entity described in this Subsection (1)(a).
(b) If the board makes a finding described in Subsection (2) pursuant to an adjudicativeproceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act,the board may:
(i) revoke, suspend, or place an entity's registration on probation;
(ii) deny an entity's original registration;
(iii) deny an entity's renewal registration;
(iv) in the case of denial or revocation of a registration, set a waiting period for anapplicant to apply for a registration under this chapter;
(v) order remedial education;
(vi) impose 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) issue a cease and desist order; or
(viii) do a combination of Subsections (1)(b)(i) through (vii).
(2) Subsection (1) applies if the board finds that a person has engaged in, is attemptingto, or has attempted to engage in:
(a) an act that violates this chapter;
(b) an act that violates a rule made by the board under this chapter;
(c) procuring a registration for the person or another person by fraud, misrepresentation,or deceit;
(d) paying money or attempting to pay money other than a fee provided for by thischapter to an employee of the division to procure a registration under this chapter;
(e) an act or omission in the business of an appraisal management company thatconstitutes dishonesty, fraud, or misrepresentation;
(f) unprofessional conduct as defined by statute or rule; or
(g) other conduct that constitutes dishonest dealing.
(3) A member of the board is immune from a civil action or criminal prosecution for adisciplinary proceeding under this chapter if:
(a) the action is taken without malicious intent; and
(b) in the reasonable belief that the action taken was taken pursuant to the powers andduties vested in a member of the board under this chapter.
Enacted by Chapter 269, 2009 General Session