ARSD 20:14:11:03. Grounds for disciplinary action

The following acts and omissions are grounds for disciplinary action: (1) Failing to meet the minimum qualifications for certification, licensure, or registration established by or pursuant to this article; (2) Procuring or attempting to procure a credential, when filing an initial or renewal application with the department for certification, licensure, or registration under this article, by: (a) Making a false statement; (b) Submitting false information; (c) Making a material misrepresentation; or (d) Through fraudulent measures; (3) Paying money or other valuable consideration other than the fees provided for by this article to any employee of the department to procure a credential; (4) Committing an act that constitutes: (a) Dishonesty; (b) Fraud; or (c) Misrepresentation; (5) Entry of a final civil or criminal judgment against a credential holder on grounds of fraud, misrepresentation, or deceit in the making of an appraisal; (6) Being convicted or pleading guilty or nolo contendere to a misdemeanor involving moral turpitude or to a felony before a court of competent jurisdiction in this or any other state; (7) Failing to report a criminal conviction within 30 days of final judgment; (8) Engaging in the business of real estate appraising under an assumed or fictitious name; (9) Paying a finder's fee or a referral fee to any person in connection with the appraisal of real estate, other than an intracompany payment for business development; (10) 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; (11) Violating any provision of this article; (12) Violating the confidential nature of any information to which a credential holder gained access through employment for evaluation assignments or valuation assignments; (13) Accepting a fee for performing a real estate appraisal valuation assignment or evaluation assignment if the fee is or was contingent upon the real estate appraiser reporting a predetermined analysis, opinion, or conclusion on the value of the property being appraised; (14) Negligence, refusal, or incompetence in developing an appraisal, preparing an appraisal report, or communicating an appraisal, including failure to follow the standards and ethical rules adopted by the department; (15) Being disciplined with suspension, denial, censure, reprimand, or revocation of a credential by another state or jurisdiction; (16) Submitting fraudulent materials to another state or jurisdiction to become registered, licensed, or certified; (17) Being disciplined with suspension, denial, censure, reprimand, or revocation of a credential by another regulated occupation, trade, or profession; (18) Having an investigation or disciplinary action of a credential by the department, another state or jurisdiction, or another regulated occupation, trade, or profession pending in this state or another state or jurisdiction; (19) Performing an appraisal or an appraisal review requiring the services of a certified, licensed, or registered appraiser while not certified, licensed, or registered by the department; (20) Filing a complaint against another appraiser falsely alleging a violation of any provision of this article as a means of retribution; (21) Failing to comply with a final order of the secretary; (22) Failing to meet the responsibilities as a supervisory appraiser; or (23) Voluntary surrender of a credential in lieu of disciplinary action by another state or jurisdiction.