State Codes and Statutes

Statutes > Nebraska > Chapter76 > 76-2238

76-2238. Disciplinaryaction; denial of application; grounds.The followingacts and omissions shall be considered grounds for disciplinary action ordenial of an application by the board:(1) Failing to meet the minimum qualifications for credentialingestablished by or pursuant to the Real Property Appraiser Act;(2) Procuring or attempting to procure a credential underthe act by knowingly making a false statement, submitting false information,or making a material misrepresentation in an application filed with the boardor procuring or attempting to procure a credential through fraud or misrepresentation;(3) Paying money or other valuable consideration other thanthe fees provided for by the act to any member or employee of the board toprocure a credential;(4) An act or omission involving real estate or appraisalpractice which constitutes dishonesty, fraud, or misrepresentation with orwithout the intent to substantially benefit the credential holder or anotherperson or with the intent to substantially injure another person;(5) Entry of a final civil or criminal judgment against acredential holder on grounds of fraud, misrepresentation, or deceit involvingreal estate or in the making of an appraisal;(6) Conviction, including a conviction based upon a pleaof guilty or nolo contendere, of a crime which is related to the qualifications,functions, or duties of a real property appraiser;(7) Engaging in the business of real property appraisingunder an assumed or fictitious name;(8) Paying a finder's fee or a referral fee to any personin connection with the appraisal of real estate or real property, except thatan intracompany payment for business development shall not be considered tobe unethical or a violation of this subdivision;(9) Making a false or misleading statement in that portionof a written appraisal report that deals with professional qualificationsor in any testimony concerning professional qualifications;(10) Any violation of the act or any rule or regulation adoptedand promulgated pursuant to the act;(11) Violation of the confidential nature of any informationto which a credential holder gained access through employment for evaluationassignments or valuation assignments;(12) Acceptance of a fee for performing a real property appraisalvaluation assignment or evaluation assignment when the fee is or was contingentupon (a) the real property appraiser reporting a predetermined analysis, opinion,or conclusion, (b) the analysis, opinion, conclusion, or valuation reached,or (c) the consequences resulting from the appraisal;(13) Failure or refusal to exercise reasonable diligencein developing an appraisal, preparing an appraisal report, or communicatingan appraisal;(14) Negligence or incompetence in developing an appraisal,preparing an appraisal report, or communicating an appraisal, including failureto follow the standards and ethical rules adopted by the board;(15) Failure to maintain, or to make available for inspectionand copying, records required by the board;(16) Demonstrating negligence, incompetence, or unworthinessto act as an appraiser, whether of the same or of a different character asotherwise specified in this section;(17) Suspension or revocation of an appraisal credentialor a license in another regulated occupation, trade, or profession in thisor any other jurisdiction;(18) Failure to comply with terms of a consent agreementor settlement agreement;(19) Failure to submit or produce books, records, documents,work files, appraisal reports, or other materials requested by the board concerningany matter under investigation;(20) Failureof an educational provider to produce records, documents, reports, or othermaterials, including, but not limited to, required student attendance reports,to the board;(21) Presentationto the board of any check which is returned to the State Treasurer unpaid,whether payment of fee is for an initial or renewal credential or for examination;and(22) Failure to pass the examination. SourceLaws 1990, LB 1153, § 38; Laws 1991, LB 203, § 42; Laws 1994, LB 1107, § 39; Laws 2001, LB 162, § 30; Laws 2006, LB 778, § 60; Laws 2010, LB931, § 21.Effective Date: April 15, 2010