Denial Of License Or Certificate

(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); GENERAL PROVISIONS CHAPTER 1255-01 (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.