§ 43-23.3-22 — Disciplinary proceedings

North Dakota § 43-23.3-22

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-23.3: Real Estate Appraisers

Text

1. The board may deny an application for, refuse to renew, suspend, or revoke a permit,
impose a monetary fine, or issue a letter of reprimand, when the applicant or permittee
has:
a. Procured or attempted to procure a permit 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 through fraud or
misrepresentation.
b. Failed to meet the minimum qualifications established under this chapter.
c. Paid money other than provided for by this chapter to any member or employee
of the board to procure a permit.
d. Been convicted, including a conviction based upon a plea of guilty or
nolo contendere, of a felony or of a crime that is substantially related to the
qualifications, functions, and duties of a person developing and communicating
appraisals to others.
e. Performed an act involving dishonesty, fraud, or misrepresentation with the intent
to benefit substantially that person or another person, or with the intent to injure
substantially another person.
f. Violated any standard for the development or communication of appraisals as
provided in this chapter.
g. Failed or refused without good cause to exercise reasonable diligence in
developing an appraisal, preparing an appraisal report, or communicating an
appraisal.
h. Acted with gross negligence or incompetence in developing an appraisal, in
preparing an appraisal report, or in communicating an appraisal.
i. Willfully violated this chapter or rules of the board.
j. Accepted an appraisal assignment when the employment is contingent upon the
reporting of a predetermined estimate, analysis, or opinion, or if the fee is
contingent upon the opinion, conclusion, or valuation reached, or upon the
consequences resulting from the appraisal assignment.
k. Violated the confidential nature of governmental records to which the person
gained access through employment or engagement as an appraiser by a
governmental agency.
l. Had entry of a civil judgment against the person on grounds of fraud,
misrepresentation, or deceit in the making of an appraisal.
2. In a disciplinary proceeding based upon a civil judgment, the permittee must be
afforded an opportunity to present matters in mitigation and extenuation, but may not
collaterally attack the civil judgment.
3. A signed or unsigned allegation from the public is not a complaint until the board
determines there is reasonable cause to initiate a disciplinary proceeding against one
or more applicants or permittees.