(1) An applicant
for registration as a trainee, licensure or certification shall not possess a
background that could call into question public trust. Applicants shall not be
eligible for a real estate appraiser registration, license, or certification
if:
(a) The applicant has had an appraiser
license or certification revoked in any governmental jurisdiction within the
five (5) year period immediately preceding the date of application.
(b) The applicant has been convicted of, or
pled guilty or nolo contendere to, a felony in a domestic, or foreign court:
1. during the five (5) year period
immediately preceding the date of the application for licensing or
certification; or
2. at any time
preceding the date of application, if such felony involved an act of fraud,
dishonesty, or a breach of trust, or money laundering.
(c) The applicant has failed to demonstrate
character and general fitness such as to command the confidence of the
community and to warrant a determination that the appraiser will operate
honestly, fairly, and ethically within the purposes of the Real Property
Appraiser Qualification Criteria issued by the AQB.
(2) The Commission may deny an application
for registration, license, or certification if the background information for
the applicant includes:
(a) Conviction of any
felony;
(b) Convictions of any
criminal offense involving dishonesty, breach of trust, or money laundering
against the individual or organizations controlled by the individual, or
agreements to enter into a pretrial diversion or similar program in connection
with the prosecution for such offense(s);
(c) Civil judicial actions against the
individual in connection with financial services-related activities, dismissals
with settlements, or judicial findings that the individual violated financial
services-related statutes or regulations, except for actions dismissed without
a settlement agreement;
(d) Actions
or orders by a State or Federal regulatory agency or foreign financial
regulatory authority that:
1. Found the
individual to have made a false statement or omission or been dishonest,
unfair, or unethical; to have been involved in a violation of a financial
services-related regulation or statute; or to have been a cause of a financial
services-related business having its authorization to do business denied,
suspended, revoked, or restricted;
2. Are entered against the individual in
connection with a financial services-related activity;
3. Denied, suspended, or revoked the
individual's registration or license to engage in a financial services-related
activity; disciplined the individual or otherwise by order prevented the
individual from associating with a financial services-related business or
restricted the individual activities; or
4. Barred the individual from association
with an entity or its officers regulated by the agency or authority or from
engaging in a financial services-related business;
(e) Final orders issued by a State or Federal
regulatory agency or foreign financial regulatory authority based on violations
of any law or regulation that prohibits fraudulent, manipulative, or deceptive
conduct;
(f) Revocation or
suspension of the individual's authorization to act as an attorney, accountant,
or State or Federal contractor.
(g)
Customer-initiated financial services-related arbitration or civil action
against the individual that required action, including settlements, or which
resulted in a judgment; or
(h) Any
false or misleading information is reported on an application submitted to the
board.
(3) An applicant
denied a license or certificate shall be notified in writing by the Commission
of such denial and the reasons therefor. Such applicant may request an informal
conference with the Commission to reconsider such denial at its next scheduled
meeting. Such request must be sent to the Commission office within thirty (30)
days of the date of the notice of denial.
(4) Nothing in this rule shall be construed
as creating the right to a contested case proceeding (as defined by the
Tennessee Administrative Procedures Act, T.C.A. Title 4, Chapter 5) if a
license or certificate is denied an applicant.
