2006 Utah Code - 61-2b-29 — Disciplinary action -- Grounds.

     61-2b-29.   Disciplinary action -- Grounds.
     (1) The board may order disciplinary action against any person licensed or certified under this chapter. On the basis of any of the grounds listed in Subsection (2) for disciplinary action, board action may include:
     (a) revoking, suspending, or placing a person's license or certification on probation;
     (b) denying a person's original or renewal license or certification;
     (c) ordering remedial education; and
     (d) imposing a civil penalty upon a person not to exceed $1,000 per violation.
     (2) The following are grounds for disciplinary action under this section:
     (a) procuring or attempting to procure a license or certification under this chapter by fraud or 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 the fees provided for by this chapter to any member or employee of the division to procure a 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 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 that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;
     (i) violating or disregarding any provision of this chapter, an order of the board, or any rule issued under this chapter;
     (j) violation of 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) acceptance of a contingent fee for performing an appraisal as defined in Subsection 61-2b-2(1)(a) if in fact the fee is or was contingent upon the appraiser reporting a predetermined analysis, opinion, or conclusion or is or was contingent upon the analysis, opinion, conclusion, or valuation reached or upon the consequences resulting from the appraisal assignment;
     (l) unprofessional conduct as defined by statute or rule; or
     (m) any other conduct that constitutes dishonest dealing.

Amended by Chapter 199, 2005 General Session