Grounds for disciplinary action.

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543E.17 Grounds for disciplinary action.

1. After notice and hearing, the administrator may revoke, suspend, or refuse to issue, renew, or reinstate a registration; reprimand, censure, or limit the scope of practice of any registrant; impose a civil penalty not to exceed ten thousand dollars per violation; require remedial action; or place any registrant on probation; all with or without terms, conditions, or in combinations of remedies, for any one or more of the following reasons:

a. Fraud or deceit in obtaining registration, which may also result in permanent revocation of the registration.

b. Dishonesty, fraud, or gross negligence in the provision of appraisal management services.

c. A violation of this chapter or implementing rules by the appraisal management company or by an employee, owner, director, controlling person, or other agent of the appraisal management company.

d. Conviction of a felony or other indictable offense, any element of which is dishonesty, deception, or fraud, or is otherwise related to the performance of appraisal management services, under the laws of any state or the United States.

e. Cancellation, revocation, suspension, or refusal to renew the authority to practice as an appraisal management company, or the acceptance of the voluntary surrender of a registration to practice as an appraisal management company to conclude a disciplinary investigation or action, by any other state, a federal agency, or foreign authority for any cause other than failure to pay appropriate fees in the other jurisdiction.

f. A violation of section 272C.10.

2. When determining whether to initiate a disciplinary proceeding against an appraisal management company based on actions or omissions by an employee, owner, director, controlling person, or other agent of the appraisal management company, the administrator shall take into consideration all of the following:

a. Whether the appraisal management company took reasonable steps to prevent the violation.

b. Whether the violation was or could have been discovered by the appraisal management company upon reasonable inquiry.

c. What steps the appraisal management company took upon discovering the violation.

d. Whether the violation could have been avoided had the appraisal management company established the systems or other procedures required under this chapter.

e. Whether the violation is an isolated matter or more systemic to the appraisal management company’s performance.

2016 Acts, ch 1124, §17, 32


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