(1)

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

   1. (i) registered, licensed, or certified under this chapter; or
   2. (ii) required to be registered, licensed, or certified under this chapter.

2. (b) On the basis of a ground listed in Subsection (2) for disciplinary action, board action may include:

   1. (i) revoking, suspending, or placing a person's registration, license, or certification on probation;
   2. (ii) denying a person's original registration, license, or certification;
   3. (iii) denying a person's renewal license, certification, or registration;
   4. (iv) in the case of denial or revocation of a registration, license, or certification, setting a waiting period for an applicant to apply for a registration, license, or certification under this chapter;
   5. (v) ordering remedial education;

   6. (vi) imposing 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) issuing a cease and desist order;
   8. (viii) modifying an action described in Subsections (1)(b)(i) through (vii) if the board, with the concurrence of the division, finds that the person complies with court ordered restitution; or
   9. (ix) doing any combination of Subsections (1)(b)(i) through (viii).

3. (c)

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

   2. (ii) If a person fails to comply with a stated deadline:

      1. (A) the person's license, certificate, or registration is automatically suspended:

         1. (I) beginning on 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; and

      2. (B) if the person fails to pay a fine required by an order, the division may 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.

(2) The following are grounds for disciplinary action under this section:

1. (a) procuring or attempting to procure a registration, license, or certification under this chapter:

   1. (i) by fraud; or
   2. (ii) by making a false statement, submitting false information, or making a material misrepresentation in an application filed with the division;
2. (b) paying money or attempting to pay money other than a fee provided for by this chapter to a member or employee of the division to procure a registration, license, or certification under this chapter;
3. (c) an act or omission in the practice of real estate appraising that constitutes dishonesty, fraud, or misrepresentation;
4. (d) entry of a judgment against a registrant, licensee, or certificate holder on grounds of fraud, misrepresentation, or deceit in the making of an appraisal of real estate;

5. (e) regardless of whether the crime is related to the appraisal business, to:

   1. (i) be convicted of a felony;

   2. (ii) be convicted of any of the following involving fraud, misrepresentation, theft, or dishonesty:

      1. (A) a class A misdemeanor:
      2. (B) a class B misdemeanor; or
      3. (C) a criminal offense comparable to a class A or class B misdemeanor;
   3. (iii) plead guilty or nolo contendere to a felony;

   4. (iv) plead guilty or nolo contendere to any of the following involving fraud, misrepresentation, theft, or dishonesty:

      1. (A) a class A misdemeanor:
      2. (B) a class B misdemeanor; or
      3. (C) a criminal offense comparable to a class A or class B misdemeanor;
   5. (v) enter into a plea in abeyance agreement involving a felony; or

   6. (vi) enter into a plea in abeyance agreement involving any of the following involving fraud, misrepresentation, theft, or dishonesty:

      1. (A) a class A misdemeanor:
      2. (B) a class B misdemeanor; or
      3. (C) a criminal offense comparable to a class A or class B misdemeanor;
6. (f) engaging in the business of real estate appraising under an assumed or fictitious name not properly registered in this state;
7. (g) paying a finder's fee or a referral fee to a person not licensed or certified under this chapter in connection with an appraisal of real estate or real property in this state;

8. (h) making a false or misleading statement in:

   1. (i) that portion of a written appraisal report that deals with professional qualifications; or
   2. (ii) testimony concerning professional qualifications;

9. (i) violating or disregarding:

   1. (i) this chapter;

   2. (ii) an order of:

      1. (A) the board; or
      2. (B) the division, in a case when the board delegates to the division the authority to make a decision on behalf of the board; or
   3. (iii) a rule issued under this chapter;
10. (j) violating the confidential nature of governmental records to which a person registered, licensed, or certified under this chapter gained access through employment or engagement as an appraiser by a governmental agency;

11. (k) accepting a contingent fee for performing an appraisal if in fact the fee is or was contingent upon:

    1. (i) the appraiser reporting a predetermined analysis, opinion, or conclusion;
    2. (ii) the analysis, opinion, conclusion, or valuation reached; or
    3. (iii) the consequences resulting from the appraisal assignment;
12. (l) unprofessional conduct as defined by statute or rule;

13. (m) in the case of a dual licensed title licensee as defined in Section 31A-2-402:

    1. (i) providing a title insurance product or service without the approval required by Section 31A-2-405; or
    2. (ii) knowingly providing false or misleading information in the statement required by Subsection 31A-2-405(2); or
14. (n) other conduct that constitutes dishonest dealing.