2005 Idaho Code - 54-4107 — DISCIPLINARY PROCEEDINGS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 41
                       IDAHO REAL ESTATE APPRAISERS ACT
    54-4107.  DISCIPLINARY PROCEEDINGS. (1) The board shall upon a written
sworn complaint or may upon its own motion investigate the actions of any
state licensed or certified real estate appraiser and may suspend or revoke
any license or certificate issued under this chapter for any of the following:
    (a)  Procuring licensure or certification pursuant to 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 certification or through any form of fraud or
    misrepresentation;
    (b)  Being convicted of a felony;
    (c)  Making any substantial misrepresentation, false promises or false or
    fraudulent representation;
    (d)  Violating the provisions of this chapter or any rules of the board;
    (e)  Being negligent or incompetent, as defined in the uniform standards
    of professional appraisal practices, in developing an appraisal, in
    preparing an appraisal report or in communicating an appraisal;
    (f)  Accepting an appraisal assignment when the employment is contingent
    upon the licensed or certified appraiser reporting a predetermined
    estimate, analysis or opinion, or where the fee to be paid is contingent
    upon the opinion, conclusion, or valuation reached, or upon the
    consequences resulting from the appraisal assignment;
    (g)  Violating the confidential nature of governmental records to which he
    gained access through employment as a licensed or certified appraiser by a
    governmental agency;
    (h)  Entering into an agreement to perform specialized services for a
    contingent fee, and failing to clearly state this fact in each written and
    oral report; or
    (i)  Failing as a state licensed or certified real estate appraiser to
    actively and personally supervise any person not licensed or certified
    under the provisions of this chapter, who assists said state licensed or
    certified appraiser in performing real estate appraisals.
    (2)  The board, or its duly appointed hearing officer, shall have the
power in any disciplinary proceeding under this chapter, to administer oaths,
take depositions of witnesses within or without the state in the manner
provided by law in civil cases, and may apply to any district court of this
state for a subpoena to require the attendance of such witnesses and the
production of such books, records and papers as it deems necessary. The fees
and mileage of the witnesses shall be the same as that allowed in the district
courts in civil cases, which fees and mileage shall be paid in the same manner
as other expenses of the board are paid. In any case of disobedience to, or
neglect of, any subpoena or subpoena duces tecum served upon any person, or
the refusal of any witness to testify to any matter regarding which he may
lawfully be interrogated, it shall be the duty of any district court in this
state on application by the board to compel compliance with the subpoena by
proceedings for contempt, as in the case of disobedience of the requirements
of a subpoena issued from such court or for refusal to testify therein. The
state licensed or certified person accused in such proceedings shall have the
same right of subpoena.
    (3)  Except as otherwise provided in this chapter, all proceedings under
this chapter shall be in accordance with the administrative procedures act,
chapter 52, title 67, Idaho Code.