(A) In addition to Section 40-1-110, the commission may deny issuance of a license to an applicant or may take disciplinary action against a licensee who:
(1) makes a substantial misrepresentation involving a real estate transaction;
(2) makes false promises of a character likely to influence, persuade, or induce;
(3) pursues a continued and flagrant course of misrepresentation or makes false promises through associated licensees or any medium of advertising or otherwise;
(4) in the practice of real estate demonstrates bad faith, dishonesty, untrustworthiness, or incompetency in a manner as to endanger the interest of the public;
(5) represents or attempts to represent a real estate broker other than his broker-in-charge or property manager-in-charge without the express knowledge and written consent of the employing broker-in-charge or property manager-in-charge;
(6) guarantees or authorizes and permits any associated licensee to guarantee future profits from the resale of real estate;
(7) makes a dual set of contracts, written or otherwise, by stating a sales price higher than the actual sales price in an effort to obtain a larger loan from a lender or lending institution or for the purpose of misinforming a governmental agency or any other reason;
(8) is convicted of forgery, embezzlement, breach of trust, larceny, obtaining money or property under false pretense, extortion, fraud, conspiracy to defraud, or any other offense involving moral turpitude, or pleading guilty or nolo contendere to any such offense in a court of competent jurisdiction of this State, any other state, or any federal court;
(9) fails to report to the department in writing by certified mail, within ten days, notice of conviction of a crime provided for in item (8);
(10) fails, within a reasonable time, to account for or to remit any monies coming into his possession which belong to others;
(11) pays a commission or compensation to an unlicensed individual for conducting activities requiring a license as defined in this chapter;
(12) violates any provision of law relating to a buyer's freedom of choice in choosing an attorney, insurance agent, title insurance agent, or any other service provider to facilitate the buyer's real estate transaction;
(13) fails to disclose in accordance with Section 40-57-139 the party or parties for whom the licensee will be acting as an agent in a real estate transaction;
(14) receives compensation from more than one party except with the full knowledge and written consent of all parties;
(15) represents more than one party in a real estate transaction without the full written knowledge and consent of all parties the licensee represents as provided in Section 40-57-137(M);
(16) acts in the dual capacity of agent and undisclosed principal in a real estate transaction;
(17) accepts deposit money which is to be delivered to the licensee's principal in a real estate transaction without informing the payor and having the payor acknowledge in writing who will hold the money received by the licensee;
(18) issues a check in connection with his real estate business which is returned for insufficient funds or closed account;
(19) fails to disclose in accordance with Section 40-57-137 any material facts concerning a real estate transaction;
(20) violates any provision of this chapter or a regulation promulgated under this chapter;
(21) violates a rule or order of the commission.
(B) If after an investigation, charges of a violation are brought against a licensee, the broker-in-charge or property manager-in-charge must be notified of the charges.