Section 543D.17. Disciplinary proceedings.

  1.  The rights of a holder of a certificate as a certified real estate appraiser may be revoked or suspended, or the holder may be otherwise disciplined in accordance with this chapter. The board may investigate the actions of a certified real estate appraiser and may revoke or suspend the rights of a holder or otherwise discipline a holder for violation of a provision of this chapter, or chapter 272C, or of a rule adopted under this chapter or commission of any of the following acts or omissions:

  a.  Procurement or attempt to procure a certificate under this chapter by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for certification, or participating in any form of fraud or misrepresentation.

  b.  Failure to meet the minimum qualifications established by this chapter.

  c.  A conviction, including a conviction based upon a plea of guilty or nolo contendere, of a crime which is substantially related to the qualifications, functions, and duties of a person developing real estate appraisals and communicating real estate appraisals to others.

  d.  Violation of any of the standards for the development or communication of real estate appraisals as provided in this chapter.

  e.  Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal.

  f.  Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal.

  g.  Willful disregard or violation of a provision of this chapter or a rule of the board of the administration and enforcement of this chapter.

  2.  In a disciplinary proceeding based upon a civil judgment a certified real estate appraiser shall be given an opportunity to present matters in mitigation and extenuation, but not to collaterally attack the civil judgment.

  3.  Notwithstanding the limitations of section 272C.3, subsection 2, paragraph “e”, the board shall adopt a rule providing for civil penalties in amounts and for the reasons authorized by federal law where federal law requires the board to have the authority to impose the civil penalties in order to obtain or to retain the board’s designation as a qualified state appraiser certifying agency.

89 Acts, ch 290, §17

CS89, §117B.17

C93, §543D.17