A. The board, consistent with Section 61-30-7 NMSA 1978, shall refuse to issue or renew a registration, license or certificate or shall suspend or revoke a registration, license or certificate at any time when the applicant, real estate appraiser trainee, state licensed residential real estate appraiser or state certified real estate appraiser, in performing or attempting to perform any of the actions set forth in the Real Estate Appraisers Act, is determined by the board to have:

1. (1) procured or attempted to procure a registration, license or certificate by knowingly making a false statement or submitting false information or through any form of fraud or misrepresentation;
2. (2) refused to provide complete information in response to a question in an application for registration, a license or certificate or failed to meet the minimum qualifications established by the Real Estate Appraisers Act;
3. (3) paid money, other than as provided for in the Real Estate Appraisers Act, to any member or employee of the board to procure registration, a license or a certificate;
4. (4) been convicted of a crime that is substantially related to the qualifications, functions and duties of the person developing real estate appraisals and communicating real estate appraisals to others;
5. (5) committed an act involving dishonesty, fraud or misrepresentation or by omission engaged in a dishonest or fraudulent act or misrepresentation with the intent to substantially benefit the registration, license or certificate holder or another person or with the intent to substantially injure another person;
6. (6) willfully disregarded or violated any of the provisions of the Real Estate Appraisers Act or the rules of the board adopted pursuant to that act;
7. (7) accepted an appraisal assignment when the employment itself is contingent upon the real estate appraiser reporting a predetermined analysis or opinion or where the fee to be paid for the performance of the appraisal assignment is contingent upon the opinion, conclusion or valuation reached or upon the consequences resulting from the appraisal assignment; provided that a contingent fee agreement is permitted for the rendering of special services not constituting an appraisal assignment and the acceptance of a contingent fee is clearly and prominently stated on the written appraisal report;
8. (8) suffered the entry of a final civil judgment on the grounds of fraud, misrepresentation or deceit in the making of an appraisal; provided that the real estate appraiser trainee, state licensed residential real estate appraiser or state certified real estate appraiser shall be afforded an opportunity to present matters in mitigation and extenuation, but may not collaterally attack the civil judgment; or

9. (9) committed any other conduct that is related to dealings as a real estate appraiser trainee, a state licensed residential real estate appraiser or a state certified real estate appraiser and that constitutes or demonstrates bad faith, untrustworthiness, impropriety, fraud, dishonesty or any unlawful act.

   B. The board, consistent with Section 61-30-7 NMSA 1978, shall refuse to issue or renew a registration, license or certificate and shall suspend or revoke a registration, license or certificate at any time when the board determines that the applicant or real estate appraiser trainee, state licensed residential real estate appraiser or state certified real estate appraiser, in the performance of real estate appraisal work, has:

10. (1) repeatedly failed to observe one or more of the standards for the development or communication of real estate appraisals set forth in the rules adopted pursuant to the Real Estate Appraisers Act;
11. (2) repeatedly failed or refused, without good cause, to exercise reasonable diligence in developing an appraisal, preparing an appraisal report or communicating an appraisal;
12. (3) repeatedly been negligent or incompetent in developing an appraisal, in preparing an appraisal report or in communicating an appraisal; or

13. (4) violated the confidential nature of records to which the real estate appraiser trainee, state licensed residential real estate appraiser or state certified real estate appraiser gained access through employment or engagement as such an appraiser.

    C. The action of the board relating to the issuance, suspension or revocation of any registration, license or certificate shall be governed by the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]; provided that the time limitations set forth in the Uniform Licensing Act shall not apply to the processing of administrative complaints filed with the board, which shall be governed by federal statute, regulation or policy. The board shall participate in any hearings required or conducted by the board pursuant to the provisions of the Uniform Licensing Act.

    D. The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted under the Real Estate Appraisers Act.

    E. Nothing in the Real Estate Appraisers Act shall be construed to preclude any other remedies otherwise available under common law or statutes of this state.

History: Laws 1990, ch. 75, § 15; 1992, ch. 54, § 13; 1993, ch. 269, § 13; 2003, ch. 328, § 13; 2011, ch. 77, § 1; 2014, ch. 33, § 12.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-30-24 NMSA 1978.

The 2014 amendment, effective May 21, 2014, provided for appraiser trainees; in Subsection A, in the introductory paragraph, after "time when the applicant", deleted "state apprentice", after "real estate appraiser", added "trainee", and after "state licensed", added "residential"; in Subsection A, in Paragraph (8), after "provided that the", deleted "state apprentice", after "real estate appraiser", added "trainee", and after "state licensed", added "residential"; in Subsection A, in Paragraph (9), after "dealings as a", deleted "state apprentice", after "real estate appraiser", added "trainee", and after "state licensed", added "residential"; in Subsection B, in the introductory paragraph, after "the applicant or", deleted "state apprentice", after "real estate appraiser", added "trainee", and after "state licensed", added "residential"; and in Subsection B, in Paragraph (4), after "records to which the", deleted "state apprentice", after "real estate appraiser", added "trainee", and after "state licensed", added "residential".

The 2011 amendment, effective June 17, 2011, in Subsection C, requires the board to process administrative complaints in accordance with federal law.

The 2003 amendment, effective July 1, 2003, rewrote this section to the extent that a detailed comparison is impracticable.

The 1993 amendment, effective June 18, 1993, substituted "board" for "commission" in two places in the introductory language of Subsections A and B, in Subsection A(6), and in the second sentence of Subsection C; deleted "upon the advice and recommendation of the board and after consultation with the board and" preceding "consistent with" and made a stylistic change in the introductory language of Subsections A and B; substituted "registration" for "registered appraiser or" in Subsection A(5); inserted "state registered, licensed or certified real estate" and made a stylistic change in Subsection B(4); and deleted "and commission" following "board" in the first sentence of Subsection C.

The 1992 amendment, effective May 20, 1992, inserted "registration" or references to registration in the catchline and throughout the section; made section reference substitutions near the beginning of Subsections A and B; inserted references to registered appraisers in the introductory language to Subsection A and in Subsection A(5); and substituted "applicant or state registered, licensed or certified real estate appraiser" for "applicant or license or certificate holder" in the introductory language to Subsection B.

Enforcement of settlement agreement. — Where the licensee entered into a settlement agreement with the board to settle complaints that had been filed against the licensee; the agreement permitted the board to determine whether the licensee violated the agreement; and if the licensee did violate the agreement, to revoke or suspend the licensee’s license, impose a fine, or take other disciplinary action described in the Uniform Licensing Act, the licensee specifically agreed to the board’s authority and waived objections to the board’s decision to suspend the licensee’s license for violation of the agreement. Montano v. N.M. Real Estate Appraiser’s Bd., 2009-NMCA-009, 145 N.M. 494, 200 P.3d 544.

Appellate review of board decision. — Where the district court engages in appellate review of a decision of the board, the district court may not consider facts that were not presented to the board; the district court must accord deference to the board’s decision; and the district court may not substitute its judgment for the judgment of the board. Montano v. N.M. Real Estate Appraiser’s Bd., 2009-NMCA-009, 145 N.M. 494, 200 P.3d 544.