§ 43-23.5-21 — Prohibited conduct

North Dakota § 43-23.5-21

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-23.5: Appraisal Management Companies

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A violation of this section may constitute grounds for discipline against an appraisal
management company registered in this state. However, an appraisal management company
may request an appraiser provide additional information about the basis for a valuation, correct
objective factual errors in an appraisal report, or consider additional appropriate property
information. No employee, director, officer, agent, independent contractor, or other third party
acting on behalf of an appraisal management company may:
1. Procure or attempt to procure a registration by knowingly making a false statement,
submitting false information, refusing to provide complete information in response to a
question in an application for registration, or through fraud or misrepresentation.
2. Willfully violate this chapter or rules of the board.
3. Improperly influence or attempt to improperly influence the development, reporting,
result, or a review of an appraisal through intimidation, coercion, extortion, bribery, or
any other manner, including:
a. Withholding payment for appraisal services.
b. Threatening to exclude an appraiser from future work or threatening to demote or
terminate in order to improperly obtain a desired result.
c. Conditioning payment of an appraisal fee upon the opinion, conclusion, or
valuation to be reached.
d. Requesting an appraiser to report a predetermined opinion, conclusion, or
valuation or the desired valuation of any person or entity.
4. Require an appraiser to provide the appraisal management company with the
appraiser's digital signature or seal.
5. Alter, amend, or change an appraisal report submitted by an appraiser without the
appraiser's knowledge and written consent.
6. Remove an independent appraiser from an appraiser panel without prior written notice
to the appraiser, with the prior written notice including evidence of the following, if
applicable:
a. The appraiser's illegal conduct.
b. A violation of the uniform standards of professional appraisal practice, this
chapter, or the rules adopted by the board.
c. Improper or unprofessional conduct.
7. Require an appraiser to sign any indemnification agreement that would require the
appraiser to defend and hold harmless the appraisal management company or any of
its agents or employees for any liability, damage, losses, or claims arising out of the
services performed by the appraisal management company or its agents, employees,
or independent contractors and not the services performed by the appraiser.
8. Prohibit lawful communications between the appraiser and any other person who the
appraiser, in the appraiser's professional judgment, believes possesses information
that would be relevant.
9. Engage in any other act or practice that impairs or attempts to impair a real estate
appraiser's independence, objectivity, and impartiality.
10. Submit or attempt to submit false, misleading, or inaccurate information in any
application for registration or renewal.
11. Fail to timely respond to any subpoena or any other request for information.

12. Fail to timely obey an administrative order of the board.
13. Fail to fully cooperate in any investigation.