HAR §16-114-106. §16-114-105 Hearings

Any proceeding before the director to take disciplinary action or other sanctions against a licensed or certified appraiser shall be conducted in accordance with chapter 91, HRS. [Eff 3/11/91; comp 9/23/91; comp 4/17/98; comp 1/10/09; comp 8/27/12] (Auth: HRS §466K-3) (Imp: HRS §§91-9, 91-9.5, 91-10, 91-11, 91-12, 466K-3) §16-114-106 Grounds for revocation, suspension, refusal to renew, restore, or reinstate, denial, or conditioning of licenses or certificates. In addition to any other acts or conditions provided by law, the director may revoke, suspend, refuse to renew, restore, or reinstate, deny, or condition in any manner, any license or certificate for any one or more of the following acts or conditions: (1) Procuring a license or certificate through fraud, misrepresentation, or deceit; (2) Failing to meet or maintain the requirements or conditions necessary to qualify for licensure or certification; (3) Engaging in the practice of a real estate appraiser or holding oneself out as a real estate appraiser without first having been issued a license or certificate; (4) Acting negligently or incompetently or failing without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal; (5) Failing to comply with USPAP; (6) Conviction of, or pleading nolo contendere to, a crime that is directly related to the qualification, functions, or duties of an appraiser; (7) Entrance against the appraiser of a civil judgment on grounds of dishonesty, fraud, or misrepresentation; (8) Committing any act or omission in the practice of real estate appraising which constitutes dishonesty, fraud, or misrepresentation; (9) Accepting an appraisal assignment if the employment or fee is contingent upon: (A) The appraiser reporting a predetermined estimate, valuation, analysis, or opinion; or (B) The consequences resulting from the appraisal assignment; (10) Engaging in the business of real estate appraising under an assumed or fictitious name not properly registered; 114-35 §16-114-106 (11) Paying a finder's fee or a referral fee to a person who is not a licensed or certified appraiser in this State in connection with appraisal of real estate or real property in this State; (12) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications; (13) Aiding or abetting an unlicensed or uncertified person to directly or indirectly evade this chapter; (14) Violating any conditions or limitations upon which the license or certificate was issued; (15) Failing to report to the director, in writing, any disciplinary decision issued against the licensee or certificate holder in another jurisdiction; and (16) Violating the provisions of chapter 466K, HRS, this chapter, or any order of the director. [Eff 3/11/91; am and comp 9/23/91; am and comp 4/17/98; am and comp 1/10/09; comp 8/27/12] (Auth: HRS §§466K-1, 466K-3) (Imp: HRS §§466K-1, 466K-3)