§ 3323 - Unprofessional conduct
§ 3323. Unprofessional conduct
(a) The following conduct by a licensee and the conduct set forth in section 129a of Title 3 constitute unprofessional conduct. When that conduct is by an applicant or a person who later becomes an applicant, it may constitute grounds for denial of a license:
(1) Procuring or attempting to procure a license under this chapter by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for licensure or through any form of fraud or misrepresentation.
(2) An act or omission involving dishonesty, fraud or misrepresentation with the intent to benefit the licensee or another person or with the intent to injure another person.
(3) Violation of any of the standards for the development or communication of real estate appraisals established under the Act.
(4) Failure or refusal to exercise reasonable diligence in developing an appraisal, preparing a report or communicating an appraisal.
(5) Negligence or incompetence in developing an appraisal, in preparing a report, or in communicating an appraisal.
(6) Accepting an appraisal assignment when the employment itself is contingent upon the appraiser reporting a predetermined analysis or opinion, or where the fee to be paid for the performance of the appraisal assignment is contingent upon the opinion, conclusion or valuation reached, or upon the consequences resulting from the appraisal assignment.
(7) Violating the confidential nature of governmental records to which the licensee gained access through employment or engagement as an appraiser by a governmental agency.
(8) Violating any term or condition of a license restricted by the board.
(9) Failing to comply with practice standards adopted by the board.
(b) After hearing, and upon a finding of unprofessional conduct, the board may take disciplinary action against a licensee or an applicant. Without limitation, disciplinary action may include any of the following:
(1) suspending a license;
(2) requiring a licensee to submit to care or counseling;
(3) requiring that a licensee practice only under supervision of a named person or a person with specified credentials;
(4) requiring a licensee to participate in continuing education in order to overcome specified practical deficiencies;
(5) limiting the scope of the licensee's practice.
(c) Appeals from decisions of the board shall be governed by the provisions of section 130a of Title 3. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1993, No. 217 (Adj. Sess.), § 14; 1997, No. 145 (Adj. Sess.), § 55; 2007, No. 29, § 49.)