2006 New York Code - Disciplinary Proceedings.

 
    § 160-u. Disciplinary proceedings. 1. The rights of any holder under a
  state  certificate  as  a  state  certified  real estate appraiser, or a
  license as a state licensed real estate appraiser,  may  be  revoked  or
  suspended,  or  the  holder  of  the  certification  or  license  may be
  otherwise disciplined in accordance with the provisions of this article,
  upon any of the grounds set forth in this section.  The  department  may
  investigate  the  actions  of  a state certified or licensed real estate
  appraiser, and may revoke or suspend the  rights  of  a  certificate  or
  license  holder  or  otherwise  discipline a state certified or licensed
  real estate appraiser for any of the following acts or omissions:
    a. Procuring  or  attempting  to  procure  a  certificate  or  license
  pursuant  to  this  article  by  knowingly  making  a  false  statement,
  submitting false information, refusing to provide  complete  information
  in response to a question in an application for certification or license
  or through any form of fraud or misrepresentation;
    b.  Failing  to  meet  the  minimum qualifications established by this
  article;
    c. Paying money other than provided for by this article to any  member
  or  employee of the department to procure a certificate or license under
  this article;
    d. A conviction of a felony or a misdemeanor  which  is  substantially
  related  to  the  qualifications,  functions  and  duties  of  a  person
  developing  real  estate  appraisals  and  communicating   real   estate
  appraisals to others;
    e. An act or omission involving dishonesty, fraud or misrepresentation
  with  the  intent  to  substantially  benefit the certificate or license
  holder or another person or with  the  intent  to  substantially  injure
  another person;
    f.   Violation  of  any  of  the  standards  for  the  development  or
  communication of real estate appraisals as provided in this article;
    g. Failure or  refusal  without  good  cause  to  exercise  reasonable
  diligence  in  developing an appraisal, preparing an appraisal report or
  communicating an appraisal;
    h. Negligence or incompetence in developing an appraisal, in preparing
  an appraisal report, or in communicating an appraisal;
    i. Willfully disregarding or violating any of the provisions  of  this
  article  or  the  regulations  of  the  board for the administration and
  enforcement of the provisions of this article;
    j. Accepting an appraisal assignment as defined in section one hundred
  sixty-x of this article, when the employment itself is  contingent  upon
  the  appraiser  reporting a predetermined estimate, analysis or opinion,
  or where the fee to be paid is contingent upon the 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;
    k. Violating the confidential nature of governmental records to  which
  he or she gained access through employment or engagement as an appraiser
  by a governmental agency; or
    l.  Entry  of  a final civil judgment against the person on grounds of
  fraud, misrepresentation or deceit in the making  of  any  appraisal  of
  real property.
    2.  In  a  disciplinary  proceeding  based  upon a civil judgment, the
  certified or  licensed  real  estate  appraiser  shall  be  afforded  an
  opportunity  to  present  matters in mitigation and extenuation, but may
  not collaterally attack the civil judgment.
    3. The provisions of subdivisions one and two of  this  section  shall
  also be applicable to licensed real estate appraiser assistants.