Current through Register Vol. 46, No. 19, March 20, 2024
The board may initiate disciplinary action against a registered
associate appraiser or a certified real property appraiser based on any one or
more of the following grounds:
(1)
Fraud in procuring a registration or certificate. Fraud in
procuring or attempting to procure a registration or certificate includes an
intentional perversion of the truth when making application for an initial,
renewal, reciprocal, or temporary registration or certificate to practice in
this state, including:
a. False representation
of a material fact, whether by word or by conduct, by false or misleading
allegation, or by concealment of that which should have been
disclosed;
b. Attempting to file or
filing with the board any false or forged diploma, course certificate,
identification, credential, license, registration, certification, examination
report, affidavit, or other record;
c. Failing or refusing to provide complete
information in response to a question on an application for initial or renewal
registration or certification; or
d. Otherwise participating in any form of
fraud or misrepresentation by act or omission.
(2)
Professional
incompetence. Professional incompetence includes, but is not limited
to:
a. A substantial lack of knowledge or
ability to discharge professional obligations within the scope of
practice.
b. A substantial
deviation from the standards of learning or skill ordinarily possessed and
applied by other practitioners in the state of Iowa acting in the same or
similar circumstances.
c. A failure
to exercise the degree of care which is ordinarily exercised by the average
practitioner acting in the same or similar circumstances.
d. Failure to conform to the minimal
standards of acceptable and prevailing practice of registered associate
appraisers or certified real property appraisers in this state.
e. A willful, repeated, or material deviation
from USPAP standards, or other act or omission that demonstrates an inability
to safely practice in a manner protective of the public's interest, including
any violation of USPAP's COMPETENCY RULE.
(3)
Deceptive practices.
Deceptive practices are grounds for discipline, whether or not actual injury is
established, and include:
a. Knowingly making
misleading, deceptive, untrue or fraudulent representations in the practice of
real property appraising.
b. Use of
untruthful or improbable statements in advertisements. Use of untruthful or
improbable statements in advertisements includes, but is not limited to, an
action by a registrant or certificate holder in making information or intention
known to the public which is false, deceptive, misleading or promoted through
fraud or misrepresentation.
c.
Acceptance of any fee by fraud or misrepresentation, or in violation of Iowa
Code section
543D.18(2).
d. Falsification of business records or
appraisal logs through false or deceptive representations or
omissions.
e. Submission of false
or misleading reports or information to the board including information
supplied in an audit of continuing education, reports submitted as a condition
of probation, or any reports identified in this rule.
f. Making any false or misleading statement
in support of an application for registration or certification submitted by
another.
g. Knowingly presenting as
one's own a certificate or registration, certificate or registration number, or
signature of another or of a fictitious registrant or certificate holder, or
otherwise falsely impersonating a certified appraiser or registered associate
appraiser.
h. Representing oneself
as a registered associate appraiser or certified appraiser when one's
registration or certificate has been suspended, revoked, surrendered, or placed
on inactive or retired status, or has lapsed.
i. Permitting another person to use the
registrant's or certificate holder's registration or certificate for any
purposes.
j. Fraud in
representations as to skill or ability.
k. Misrepresenting a specialized service as
an appraisal assignment in violation of Iowa Code section
543D.18(3) or
(5).
(4)
Unethical, harmful or detrimental
conduct. Registrants and certificate holders engaging in unethical
conduct or practices harmful or detrimental to the public may be disciplined
whether or not injury is established. Behaviors and conduct which are
unethical, harmful or detrimental to the public may include, but are not
limited to, the following actions:
a. A
violation of 2007 Iowa Acts, Senate File 137, section 5 (improper influence of
an appraisal assignment).
b. Verbal
or physical abuse, improper sexual contact, or making suggestive, lewd,
lascivious, offensive or improper remarks or advances, if such behavior occurs
within the practice of real property appraising or if such behavior otherwise
provides a reasonable basis for the board to conclude that such behavior within
the practice of real estate appraising would place the public at
risk.
c. Engaging in a professional
conflict of interest, or otherwise violating the public trust, as provided in
Iowa Code section
543D.18(1)
as amended by 2007 Iowa Acts, Senate File
137, section 3, and in USPAP's ETHICS RULE.
d. Aiding or abetting any unlawful activity
for which a civil penalty can be imposed under
193F-16.2 (543D).
(5)
Lack of proper
qualifications.
a. Continuing to
practice as a registered associate appraiser or certified real property
appraiser without satisfying the continuing education required for registration
or certificate renewal.
b. Acting
as a supervisor without proper qualification, as provided in
193F-15.3 (543D).
c. Habitual intoxication or addiction to the
use of drugs, or impairment which adversely affects the registrant's or
certificate holder's ability to practice in a safe and competent
manner.
d. Any act, conduct, or
condition, including lack of education or experience and careless or
intentional acts or omissions, that demonstrates a lack of qualifications which
are necessary to ensure a high standard of professional care as provided in
Iowa Code section
272C.3(2)
"b," or that impairs a practitioner's ability to safely and
skillfully practice the profession.
e. Failure to meet the minimum qualifications
for registration as an associate appraiser or certification as a certified real
property appraiser.
f. Practicing
outside the scope of a residential certification, or outside the scope of a
supervisor's residential certification.
(6)
Negligence by the registrant or
certificate holder in the practice of the profession. Negligence by
the registrant or certificate holder in the practice of the profession
includes:
a. Failure or refusal without good
cause to exercise reasonable diligence in developing an appraisal, preparing an
appraisal report, or communicating an appraisal.
b. A failure to exercise due care including
negligent delegation of duties to or supervision of associate appraisers, or
other employees, agents, or persons, in developing an appraisal, preparing an
appraisal report, or communicating an appraisal, whether or not injury
results.
c. Neglect of contractual
or other duties to a client.
(7)
Professional misconduct.
a. A violation of any of the standards
applicable to the development or communication of real estate appraisals as
provided in 193F-7.2 (543D).
b. Violation of a regulation or law of this
state, another state, or the United States, which relates to the practice of
real estate appraising.
c. Engaging
in any conduct that subverts or attempts to subvert a board investigation, or
failure to fully cooperate with a disciplinary investigation of the registrant
or certificate holder or with a disciplinary investigation of persons who are
not registrants or certificate holders, including failure to comply with a
subpoena issued by the board or to respond to a board inquiry within 30
calendar days of the date of mailing by certified mail of a written
communication directed to the registrant's or certificate holder's last address
on file at the board office.
d.
Revocation, suspension, or other disciplinary action taken by a licensing
authority of this state or another state, territory, or country. A stay by an
appellate court shall not negate this requirement; however, if such
disciplinary action is overturned or reversed by a court of last resort,
discipline by the board based solely on such action shall be vacated.
e. A violation of Iowa Code section
543D.18 as
amended by 2007 Iowa Acts, Senate File 137, section 4 (disclosure of
significant real property appraisal assistance), or Iowa Code section
543D.18(6).
f. A violation of 2007 Iowa Acts, Senate File
137, section 6 (restrictions on persons assisting in the development or
reporting of a certified appraisal).
g. Failure to retain records as provided in
Iowa Code section
543D.19.
h. Violation of the terms of an initial
agreement with the impaired practitioner review committee or violation of the
terms of an impaired practitioner recovery contract with the impaired
practitioner review committee.
(8)
Willful or repeated
violations. The willful or repeated violation or disregard of any
provision of Iowa Code chapter 272C or 543D, or any administrative rule adopted
by the board in the administration or enforcement of such chapters.
(9)
Failure to report.
a. Failure by a registrant or certificate
holder or an applicant for a registration or certificate to report in writing
to the board any revocation, suspension, or other disciplinary action taken by
a licensing authority, in Iowa or any other jurisdiction, within 30 calendar
days of the final action.
b.
Failure of a registrant or certificate holder or an applicant for a
registration or certificate to report, within 30 calendar days of the action,
any voluntary surrender of a professional license to resolve a pending
disciplinary investigation or action, in Iowa or any other
jurisdiction.
c. Failure to notify
the board of a criminal conviction within 30 calendar days of the action,
regardless of the jurisdiction where it occurred.
d. Failure to notify the board within 30
calendar days after occurrence of any adverse judgment in a professional or
occupational malpractice action, or settlement of any claim involving
malpractice, regardless of the jurisdiction where it occurred.
e. Failure to report another registrant or
certificate holder to the board for any violation listed in these rules,
pursuant to Iowa Code section
272C.9(2),
promptly after the registrant or certificate holder becomes aware that a
reportable violation has occurred.
f. Failure to report to the board the
appraiser's principal place of business and any change in the appraiser's
principal place of business within 30 calendar days of such change; or failure
to report to the board all other addresses at which the appraiser engages in
the business of preparing real estate appraisal reports, or any change in such
information, within 30 calendar days of such occurrence or change.
g. Failure of an associate appraiser or
supervisor to timely respond to board requests for information, as provided in
193F-Chapter 4.
(10)
Failure to comply with board order. Failure to comply with the
terms of a board order or the terms of a settlement agreement or consent order,
or other decision of the board imposing discipline.
(11)
Conviction of a crime.
a. Conviction, in this state or any other
jurisdiction, of any felony offense that directly relates to the profession, or
of any crime which is substantially related to the qualifications, functions,
duties or practice of a person developing or communicating real estate
appraisals to others. Any crime involving deception, dishonesty or disregard
for the safety of others shall be deemed directly related to the practice of
real property appraising. A certified copy of the final order or judgment of
conviction or plea of guilty in this state or in another jurisdiction shall be
conclusive evidence of the conviction. "Conviction" shall include any plea of
guilty or nolo contendere, including Alford pleas, or finding of guilt whether
or not judgment or sentence is deferred, withheld, or not entered, and whether
or not the conviction is on appeal. If such conviction is overturned or
reversed by a court of last resort, discipline by the board based solely on the
conviction shall be vacated. A conviction qualifies as a felony offense if the
offense is designated as a felony in the jurisdiction in which the conviction
occurred, or if the offense is committed in this state, the offense would be a
felony, without regard to its designation elsewhere. An offense directly
relates to the profession if either:
(1) The
actions taken in furtherance of an offense are actions customarily performed
within the scope of practice of the profession, or
(2) The circumstances under which an offense
was committed are circumstances customary to the profession.
b. Notwithstanding the foregoing,
a conviction may be grounds for revocation or suspension only if an
unreasonable risk to public safety exists because the offense directly relates
to the duties and responsibilities of the profession.