§ 160-U — Disciplinary proceedings

§ 160-u. Disciplinary proceedings. 1. The rights of any holder under a\nstate certificate as a state certified real estate appraiser, or a\nlicense as a state licensed real estate appraiser, may be revoked or\nsuspended, or the holder of the certification or license may be\notherwise disciplined in accordance with the provisions of this article,\nupon any of the grounds set forth in this section. As an alternative or\nin addition to such suspension or revocation, a fine not exceeding two\nthousand dollars may be imposed on any holder of the certification or\nlicense, provided that fifty percent of all moneys received by the\ndepartment of state for such fines shall be payable to the\nanti-discrimination in housing fund established pursuant to section\neighty-a of the state finance law. The department may investigate the\nactions of a state certified or licensed real estate appraiser, and may\nsanction or otherwise discipline a certificate or license holder for any\nof the following acts or omissions:\n a. Procuring or attempting to procure a certificate or license\npursuant to this article by knowingly making a false statement,\nsubmitting false information, refusing to provide complete information\nin response to a question in an application for certification or license\nor through any form of fraud or misrepresentation;\n b. Failing to meet the minimum qualifications established by this\narticle;\n c. Paying money other than provided for by this article to any member\nor employee of the department to procure a certificate or license under\nthis article;\n d. A conviction of a felony or a misdemeanor which is substantially\nrelated to the qualifications, functions and duties of a person\ndeveloping real estate appraisals and communicating real estate\nappraisals to others;\n e. An act or omission involving dishonesty, fraud or misrepresentation\nwith the intent to substantially benefit the certificate or license\nholder or another person or with the intent to substantially injure\nanother person;\n f. Violation of any of the standards for the development or\ncommunication of real estate appraisals as provided in this article;\n g. Failure or refusal without good cause to exercise reasonable\ndiligence in developing an appraisal, preparing an appraisal report or\ncommunicating an appraisal;\n h. Negligence or incompetence in developing an appraisal, in preparing\nan appraisal report, or in communicating an appraisal;\n i. Willfully disregarding or violating any of the provisions of this\narticle or the regulations of the board for the administration and\nenforcement of the provisions of this article;\n j. Accepting an appraisal assignment as defined in section one hundred\nsixty-x of this article, when the employment itself is contingent upon\nthe appraiser reporting a predetermined estimate, analysis or opinion,\nor where the fee to be paid is contingent upon the appraiser reporting a\npredetermined estimate, analysis or opinion, or where the fee to be paid\nis contingent upon the opinion, conclusion or valuation reached, or upon\nthe consequences resulting from the appraisal assignment;\n k. Violating the confidential nature of governmental records to which\nhe or she gained access through employment or engagement as an appraiser\nby a governmental agency;\n l. Entry of a final civil judgment against the person on grounds of\nfraud, misrepresentation or deceit in the making of any appraisal of\nreal property; or\n m. Violation of article fifteen of the executive law committed in his\nor her capacity as a real estate appraiser.\n 2. In a disciplinary proceeding based upon a civil judgment, the\ncertified or licensed real estate appraiser shall be afforded an\nopportunity to present matters in mitigation and extenuation, but may\nnot collaterally attack the civil judgment.\n 3. The provisions of subdivisions one and two of this section shall\nalso be applicable to licensed real estate appraiser assistants.\n