(1)

1. (a) The board may order disciplinary action, with the concurrence of the division, against:

   1. (i) an entity registered under this chapter;
   2. (ii) an entity required to be registered under this chapter; or
   3. (iii) a controlling person of an entity described in this Subsection (1)(a).

2. (b) If the board, with the concurrence of the division, makes a finding described in Subsection (2) pursuant to an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act, the board, with the concurrence of the division, may:

   1. (i) revoke, suspend, or place an entity's registration on probation;
   2. (ii) deny an entity's original registration;
   3. (iii) deny an entity's renewal registration;
   4. (iv) in the case of denial or revocation of a registration, set a waiting period for an applicant to apply for a registration under this chapter;
   5. (v) order remedial education;

   6. (vi) impose a civil penalty upon a person not to exceed the greater of:

      1. (A) $5,000 for each violation; or
      2. (B) the amount of any gain or economic benefit from a violation;
   7. (vii) issue a cease and desist order; or
   8. (viii) do a combination of Subsections (1)(b)(i) through (vii).

(2) Subsection (1) applies if the board finds, with the concurrence of the division, that a person has engaged in, is attempting to, or has attempted to engage in:

1. (a) an act that violates this chapter;
2. (b) an act that violates a rule made under this chapter;
3. (c) procuring a registration for the person or another person by fraud, misrepresentation, or deceit;
4. (d) paying money or attempting to pay money other than a fee provided for by this chapter to an employee of the division to procure a registration under this chapter;
5. (e) an act or omission in the business of an appraisal management company that constitutes dishonesty, fraud, or misrepresentation;
6. (f) unprofessional conduct as defined by statute or rule; or
7. (g) other conduct that constitutes dishonest dealing.

(3)

1. (a) If the board, with the concurrence of the director, issues an order that orders a fine or remedial education as part of a disciplinary action against a person, including a stipulation and order, the board shall state in the order the deadline by which the person shall comply with the fine or remedial education requirements.

2. (b) If a person fails to comply by the stated deadline, the person's registration shall be immediately and automatically suspended:

   1. (i) beginning the day specified in the order as the deadline for compliance; and
   2. (ii) ending the day on which the person complies in full with the order.

3. (c) If a person fails to pay a fine required by an order, the division shall begin a collection process:

   1. (i) established by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
   2. (ii) subject to Title 63A, Chapter 3, Part 5, Office of State Debt Collection.

(5) A member of the board is immune from a civil action or criminal prosecution for a disciplinary proceeding under this chapter if:

1. (a) the action is taken without malicious intent; and
2. (b) in the reasonable belief that the action taken was taken pursuant to the powers and duties vested in a member of the board under this chapter.