Chapter 065 |
2019 -- H 5773 Enacted 06/28/2019 |
A N A C T |
RELATING TO BUSINESSES AND PROFESSIONS - REAL ESTATE APPRAISERS CERTIFICATION ACT |
Introduced By: Representative Michael Morin |
Date Introduced: February 28, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 5-20.7-20 of the General Laws in Chapter 5-20.7 entitled "Real |
Estate Appraiser Certification Act" is hereby amended to read as follows: |
5-20.7-20. Revocation or suspension of certification or license. |
(a) The director of the department of business regulation may, upon his or her own |
motion or by recommendation of the board, and shall, upon the verified complaint, in writing, of |
any person setting forth a cause under this section, ascertain the facts and, if warranted, hold a |
hearing for the suspension or revocation of a certification or license. |
(b) No action may be taken pursuant to this section against a person who is certified or |
licensed in accordance with the provisions of this chapter unless the action is commenced within: |
(1) Five (5) years of the issuance of the certified appraisal report; or |
(2) Two (2) years of any judicial proceeding in which the appraiser provided testimony |
related to the appraisal assignment, whichever period expires later. |
(c) The director has the power to refuse a certification or license for cause or to suspend |
or revoke a certification or license where it has been obtained by false representation, or by |
fraudulent act or conduct, or where the holder of a certificate in performing or attempting to |
perform any of the acts mentioned in this chapter, is found guilty of: |
(1) Procuring or attempting to procure certification or licensing pursuant to this chapter |
by knowingly making a false statement, knowingly submitting false information, refusing to |
provide complete information in response to a question in an application for certification or |
license, or through any form of fraud or misrepresentation; |
(2) Failing to meet the minimum qualifications established by this chapter; |
(3) Paying money other than provided for by this chapter to any member or employee of |
the board or department to procure a certification under this chapter; |
(4) A conviction, including a conviction based upon a plea of guilty or nolo contendere, |
of a crime, which is substantially related to the qualifications, functions, and duties of a person |
developing appraisals and communicating appraisals to others or convicted conviction of any |
felony; |
(5) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to |
benefit the certificate holder or another person or with the intent to substantially injure another, |
mislead or defraud another person; |
(6) Failure or refusal without good cause to exercise reasonable diligence in developing |
an appraisal, preparing an appraisal report, or communicating an appraisal; |
(7) Accepting an appraisal assignment when the employment itself is contingent upon the |
appraiser reporting a predetermined estimate, analysis, or opinion, or where the fee to be paid is |
contingent upon the opinion, conclusion, or valuation reached, or upon the consequence resulting |
from the appraisal assignment; or |
(8) Entry of a final civil judgment against the person on grounds of fraud, |
misrepresentation, or deceit in the making of an appraisal. |
SECTION 2. This act shall take effect upon passage. |
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LC002001 |
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