20:14:11:03.  Grounds for disciplinary action. The following acts and omissions are grounds for disciplinary action, which may include denial, suspension, censure, reprimand, or revocation of a certificate by the department:

 

          (1)  Failing to meet the minimum qualifications for certification, licensure, or registration established by or pursuant to this article;

 

          (2)  Procuring or attempting to procure certification, licensure, or registration under this article by knowingly making a false statement, submitting false information, or making a material misrepresentation in an application filed with the department or procuring or attempting to procure a certificate through fraud or misrepresentation;

 

          (3)  Paying money or other valuable consideration other than the fees provided for by this article to any employee of the department to procure a certificate;

 

          (4)  Any act which constitutes dishonesty, fraud, or misrepresentation;

 

          (5)  Entry of a final civil or criminal judgment against a certificate holder on grounds of fraud, misrepresentation, or deceit in the making of an appraisal;

 

          (6)  Being convicted or pleading guilty or nolo contendere to a misdemeanor involving moral turpitude or to a felony before a court of competent jurisdiction in this or any other state;

 

          (7)  Engaging in the business of real estate appraising under an assumed or fictitious name;

 

          (8)  Paying a finder's fee or a referral fee to any person in connection with the appraisal of real estate, but an intracompany payment for business development is ethical;

 

          (9)  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;

 

          (10)  Violating any provision of this article;

 

          (11)  Violation of the confidential nature of any information to which a licensee or the certificate holder gained access through employment for evaluation assignments or valuation assignments;

 

          (12)  Acceptance of a fee for performing a real estate appraisal valuation assignment or evaluation assignment when the fee is or was contingent upon the real estate appraiser reporting a predetermined analysis, opinion, or conclusion on the value of the property being appraised;

 

          (13)  Negligence, refusal, or incompetence in developing an appraisal, preparing an appraisal report, or communicating an appraisal, including failure to follow the standards and ethical rules adopted by the department;

 

          (14)  Being disciplined with suspension, denial, censure, reprimand, or revocation of a certificate or license by another state or jurisdiction;

 

          (15)  Submitting fraudulent materials to another state or jurisdiction to become registered, licensed, or certified;

 

          (16)  Being disciplined with suspension, denial, censure, reprimand, or revocation of a certificate or license by another regulated occupation, trade, or profession;

 

          (17)  Having an investigation or disciplinary action of a certificate or license by the department, another state or jurisdiction, or another regulated occupation, trade, or profession pending in this state or another state or jurisdiction;

 

          (18)  Performing an appraisal requiring the services of a certified, licensed, or registered appraiser while not certified, licensed, or registered by the department;

 

          (19)  Filing a complaint against another appraiser alleging a violation of any provision of this article knowing the allegation is false;

 

          (20)  Failing to comply with a final order of the secretary;

 

          (21)  Failing to meet the responsibilities as a supervisory appraiser;

 

          (22)  Voluntary surrender of a certificate or license in lieu of disciplinary action by another state or jurisdiction.

 

          Source: 18 SDR 36, effective August 25, 1991; 20 SDR 9, effective August 1, 1993; 20 SDR 18, effective August 12, 1993; 21 SDR 49, effective September 18, 1994; 22 SDR 91, effective January 1, 1996; 23 SDR 113, effective January 12, 1997; 24 SDR 91, effective January 8, 1998; 26 SDR 120, effective March 27, 2000; 29 SDR 99, effective January 15, 2003; 34 SDR 200, effective January 28, 2008; 35 SDR 175, effective January 1, 2009; 36 SDR 112, effective January 11, 2010; 38 SDR 214, effective June 21, 2012.

          General Authority: SDCL 36-21B-3(12).

          Law Implemented: SDCL 36-21B-1, 36-21B-3(12).