58-4118. Revocation, condition, limitation or suspension of certificate or license or other disciplinary action; non-licensed persons; civil fine; cease and desist order. - Kansas Statutes

58-4118

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 41.--REAL ESTATE APPRAISERS

      58-4118.   Revocation, condition, limitation orsuspension of certificate or license or other disciplinary action; non-licensedpersons; civil fine; cease and desist order.(a) The board may investigate the actions of a state certified or licensedappraiser and may revoke, condition, limit or suspend thecertificate or license of the appraiser, or censure the appraiser, for any ofthe following acts or omissions:

      (1)   Procuring or attempting to procure a certificate or license pursuantto thisact by knowingly making a false statement, submitting false information,refusing to provide complete information in response to a question in anapplication for certification or licensure or any form of fraud ormisrepresentation;

      (2)   failing to meet the minimum qualifications established by this act;

      (3)   paying money, other than provided for by this act, to any member oremployee of the board to procure a certificate or licenseunder this act;

      (4)   a plea of guilty or nolo contendere to, or conviction of: (A) Forgery,embezzlement, obtaining money under false pretenses, larceny, extortion,conspiracy to defraud or any other similar offense; (B) a crime involvingmoral turpitude; or (C) any felony charge;

      (5)   an act or omission involving dishonesty, fraud or misrepresentation,with the intent to substantially benefit theappraiser or anotherperson or with the intent to substantially injure another person;

      (6)   violation of any of the standards for the development orcommunication of real estate appraisals as provided in this act;

      (7)   failure or refusal without good cause to exercise reasonablediligence in developing an appraisal, preparing an appraisal report orcommunicating an appraisal;

      (8)   negligence or incompetence in developing an appraisal, preparing anappraisal report or communicating an appraisal;

      (9)   willfully disregarding or violating any provision of this act orrules and regulations of the board for the administration and enforcementof the provisions of this act;

      (10)   accepting an appraisal assignment, described in K.S.A.58-4122, and amendments thereto, whenthe employment itself is contingent upon the appraiser reporting apredetermined estimate, analysis or opinion, or when the fee to be paid iscontingent upon the opinion, conclusion or valuation reached, or upon theconsequences resulting from the appraisal assignment;

      (11)   violating the confidential nature of governmental records to whichthe appraiser gained access through employment or engagement as anappraiser by a governmental agency;

      (12)   entry of a final civil judgment against the person on grounds offraud, misrepresentation or deceit in the making of any appraisal of realproperty;

      (13)   disciplinary action in relation to appraisal work, including, but notlimited to, denial, revocation or suspension of a license or certificate byanother state, district or territory of the United States or another country;or

      (14)   receipt of an order of prohibition in relation to appraisal work, byconsent or otherwise, issued by an agency of the federal government.

      (b)   In addition to or in lieu of any other administrative, civil orcriminal remedy provided by law, the board upon a finding that a statecertified or licensed appraiser has violated any provision of this act or ofany rules and regulations adopted hereunderor upon a finding that a person who is not a state certified or licensedappraiser has violated any provision of subsection (a) of K.S.A. 58-4103, andamendments thereto, may impose upon such appraiser or such person acivil fine not exceeding $1,000 for each violation. All moneys collected by theboard from such fines shall be remitted to the state treasurer in accordancewith the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each suchremittance, the state treasurer shalldeposit the entireamount in the state treasury to the credit of thestate general fund.

      (c)   In a disciplinary proceeding based upon a civil judgment, the appraisershall be afforded an opportunity to presentmatters in mitigation and extenuation but may not collaterally attack the civiljudgment.

      (d)   If the board determines that a person has violated any provision ofsubsection (a) of K.S.A. 58-4103, and amendments thereto, in addition to anyother penalties imposed by law, the board may issue a cease and desist orderagainst such person.

      (e)   All administrative proceedings pursuant to this sectionshall beconducted in accordance with the Kansas administrative procedure act.

      History:   L. 1990, ch. 270, § 18;L. 1991, ch. 164, § 18;L. 1993, ch. 267, § 11;L. 1997, ch. 48, § 1;L. 2001, ch. 5, § 205;L. 2008, ch. 153, § 5; July 1.