UTAH CODE (Last Updated: January 16, 2015) |
Title 61. Securities Division - Real Estate Division |
Chapter 2g. Real Estate Appraiser Licensing and Certification Act |
Part 5. Enforcement |
§ 61-2g-502. Disciplinary action -- Grounds.
Latest version.
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(1) (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, certification, or registration; (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) $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 board, with the concurrence of the division, finds 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 educational requirements 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 with the 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 a collection 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 3, Part 5, 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 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) this chapter; (ii) an order of: (A) the board; or (B) the division, in a case when the board delegates to the division the authority to make a decision on behalf 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, or certified 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 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.