B. In accordance with the procedures contained in the Uniform Licensing Act, the board may deny, revoke or suspend any trainee, license or certificate held or applied for upon finding, after a hearing, that the trainee appraiser, licensee, certificate holder or applicant has violated any provision of the Real Estate Appraisers Act (Section 61-30-1 et seq., NMSA 1978) or regulations or continually or repeatedly or persistently or willfully violated any of the prohibitions found hereinafter:

1. (1) obtaining or attempting to obtain any fee through fraud, misrepresentation, or other dishonesty;
2. (2) impersonating another person trainee, licensed or certified to practice real estate appraisal or permitting or allowing any person to use his/her registration, license or certificate;
3. (3) aiding or abetting the practice of real estate appraisal by a person not a trainee, licensed or certified by the board;
4. (4) the suspension or revocation by another state of a trainee registration, license or certificate to practice real estate appraisal based upon acts by the trainee appraiser, certificate holder or licensee similar to acts described in the section;
5. (5) the solicitation of any person either by a trainee appraiser, licensee or certificate holder or by one in his/her employ or under his/her control under circumstances suggesting that the appraiser or other person was taking advantage of the person being solicited from making a rational independent decision as to whether or not to obtain the services of an appraiser, or any particular appraiser;
6. (6) falsifying of real estate appraisal records, whether or not for personal gain;
7. (7) practicing beyond the scope of the trainee, license or certificate as defined by state law and/or regulations;
8. (8) advertising in any manner that violates the board's regulation on advertising, as provided in 16.62.16 NMAC; or
9. (9) making false statements in any application for trainee, licensure or certification.

C. Constitutional due process principles require a board to conduct an administrative hearing at the timely request of a respondent who has been served with an NCA. The respondent is entitled to:

1. (1) a statement of the charge(s);
2. (2) notice of the time and place of the hearing;
3. (3) a hearing before an impartial decision maker;
4. (4) the right to cross-examine witnesses who testify against him/her;
5. (5) the right to present his or her own witnesses, and

6. (6) the right to be represented by an attorney or a licensed member of the profession or both.

   [10/1/1997; 16.62.13.14 NMAC - Rn & A, 16 NMAC 62.13.14, 9/13/2004; A, 11/25/2006; A, 1/1/2015; A, 10/30/2021]