57-11-14 — Revocation, suspension, or denial of registration -- Grounds -- Suspension or revocation of real estate license.
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57-11-14. Revocation, suspension, or denial of registration -- Grounds --
Suspension or revocation of real estate license.
(1) (a) The division may deny an application for registration or may revoke, suspend, or deny reissuance of a registration, or may impose a fine of not more than $500 per violation, by following the procedures and requirements of Title 63, Chapter 46b, Administrative Procedures Act, and by making a written finding of fact that the subdivider has:
(i) failed to comply with the terms of a cease and desist order;
(ii) been convicted in any court prior or subsequent to the filing of the application for registration of a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions, or has been subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions, and that the public interest requires revocation;
(iii) disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;
(iv) failed to perform faithfully any stipulation or agreement made with the division as an inducement to grant any registration, to reinstate any registration, to revoke any cease and desist order, or to approve any promotional plan or public offering statement;
(v) made intentional misrepresentations, or concealed material facts, in an application for registration;
(vi) violated any provision of this chapter or the rules adopted under this chapter;
(vii) directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in subdivided lands;
(viii) engaged in the offering of subdivided lands which has constituted or which may constitute a fraud upon purchasers or prospective purchasers of the lands; or
(ix) engaged in dishonest practices in any industry involving sales to consumers.
(b) Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(2) As an alternative to revoking the registration of a subdivider, the director may issue a cease and desist order if after notice and a hearing he finds that the subdivider is guilty of a violation for which revocation may be ordered.
(3) Any real estate broker or salesman violating any provisions of this chapter shall have his license suspended or revoked by the division for the period of time the director determines to be justified under the circumstances. The suspension or revocation shall be in addition to any other penalty which may be imposed under this chapter, subject to the provisions of Section 61-2-12.
(1) (a) The division may deny an application for registration or may revoke, suspend, or deny reissuance of a registration, or may impose a fine of not more than $500 per violation, by following the procedures and requirements of Title 63, Chapter 46b, Administrative Procedures Act, and by making a written finding of fact that the subdivider has:
(i) failed to comply with the terms of a cease and desist order;
(ii) been convicted in any court prior or subsequent to the filing of the application for registration of a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions, or has been subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions, and that the public interest requires revocation;
(iii) disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;
(iv) failed to perform faithfully any stipulation or agreement made with the division as an inducement to grant any registration, to reinstate any registration, to revoke any cease and desist order, or to approve any promotional plan or public offering statement;
(v) made intentional misrepresentations, or concealed material facts, in an application for registration;
(vi) violated any provision of this chapter or the rules adopted under this chapter;
(vii) directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in subdivided lands;
(viii) engaged in the offering of subdivided lands which has constituted or which may constitute a fraud upon purchasers or prospective purchasers of the lands; or
(ix) engaged in dishonest practices in any industry involving sales to consumers.
(b) Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(2) As an alternative to revoking the registration of a subdivider, the director may issue a cease and desist order if after notice and a hearing he finds that the subdivider is guilty of a violation for which revocation may be ordered.
(3) Any real estate broker or salesman violating any provisions of this chapter shall have his license suspended or revoked by the division for the period of time the director determines to be justified under the circumstances. The suspension or revocation shall be in addition to any other penalty which may be imposed under this chapter, subject to the provisions of Section 61-2-12.
Amended by Chapter 165, 1991 General Session