Refusal to issue or renew certificate or license, procedure, hearing,grounds for refusal, penalties--revocation, when,appeal--recertification or relicensure, examination required.
339.532. 1. The commission may refuse to issue or renew anycertificate or license issued pursuant to sections 339.500 to 339.549 forone or any combination of causes stated in subsection 2 of this section.The commission shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of the right to file a complaintwith the administrative hearing commission as provided by chapter 621,RSMo.
2. The commission may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany state-certified real estate appraiser, state-licensed real estateappraiser, or any person who has failed to renew or has surrendered his orher certificate or license for any one or any combination of the followingcauses:
(1) Procuring or attempting to procure a certificate or licensepursuant to section 339.513 by knowingly making a false statement,submitting false information, refusing to provide complete information inresponse to a question in an application for certification or licensure, orthrough any form of fraud or misrepresentation;
(2) Failing to meet the minimum qualifications for certification orlicensure or renewal established by sections 339.500 to 339.549;
(3) Paying money or other valuable consideration, other than asprovided for by section 339.513, to any member or employee of thecommission to procure a certificate or license pursuant to sections 339.500to 339.549;
(4) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of any state or the United States, for any offensereasonably related to the qualifications, functions or duties of anyprofession licensed or regulated pursuant to sections 339.500 to 339.549for any offense of which an essential element is fraud, dishonesty or anact of violence, or for any offense involving moral turpitude, whether ornot sentence is imposed;
(5) Incompetency, misconduct, gross negligence, dishonesty, fraud, ormisrepresentation in the performance of the functions or duties of anyprofession licensed or regulated by sections 339.500 to 339.549;
(6) Violation of any of the standards for the development orcommunication of real estate appraisals as provided in or pursuant tosections 339.500 to 339.549;
(7) Failure to comply with the Uniform Standards of ProfessionalAppraisal Practice promulgated by the appraisal standards board of theappraisal foundation;
(8) Failure or refusal without good cause to exercise reasonablediligence in developing an appraisal, preparing an appraisal report, orcommunicating an appraisal;
(9) Negligence or incompetence in developing an appraisal, inpreparing an appraisal report, or in communicating an appraisal;
(10) Violating, assisting or enabling any person to willfullydisregard any of the provisions of sections 339.500 to 339.549 or theregulations of the commission for the administration and enforcement of theprovisions of sections 339.500 to 339.549;
(11) Accepting an appraisal assignment when the employment itself iscontingent upon the appraiser's reporting a predetermined analysis oropinion or where the fee to be paid for the performance of the appraisalassignment is contingent upon the opinion, conclusion, or valuation reachedor upon the consequences resulting from the appraisal assignment;
(12) Violating the confidential nature of governmental records towhich the person gained access through employment or engagement to performan appraisal assignment or specialized appraisal services for agovernmental agency;
(13) Violating any term or condition of a certificate or licenseissued by the commission pursuant to the authority of sections 339.500 to339.549;
(14) Violation of any professional trust or confidence;
(15) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(16) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by sections 339.500 to339.549 who is not licensed or certified and currently eligible to practicepursuant to sections 339.500 to 339.549;
(17) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(18) Disciplinary action against the holder of a license, certificateor other right to practice any profession regulated pursuant to sections339.500 to 339.549, imposed by another state, territory, federal agency orcountry upon grounds for which revocation or suspension is authorized inthis state;
(19) Making any material misstatement, misrepresentation, or omissionwith regard to any application for licensure or certification, or forlicense or certification renewal. As used in this section, "material"means important information about which the commission should be informedand which may influence a licensing decision;
(20) Engaging in or committing, or assisting any person in engagingin or committing, any practice or act of mortgage fraud, as defined insection 443.930, RSMo.
3. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that the grounds, providedin subsection 2 of this section, for disciplinary action are met, thecommission may, singly or in combination, publicly censure or place theperson named in the complaint on probation on such terms and conditions asthe commission deems appropriate for a period not to exceed five years, ormay suspend, for a period not to exceed three years, or revoke, thecertificate or license. The holder of a certificate or license revokedpursuant to this section may not obtain certification as a state-certifiedreal estate appraiser or licensure as a state-licensed real estateappraiser for at least five years after the date of revocation.
4. Notwithstanding other provisions of this section, a real estateappraiser license or certification shall be revoked, or in the case of anapplicant, shall not be issued, if the licensee or applicant has pleadedguilty to, entered a plea of nolo contendere to, or been found guilty ofmortgage fraud as defined in section 570.310, RSMo. The commission shallnotify the individual of the reasons for the revocation in writing, bycertified mail.
5. A person whose license is revoked under subsection 4 of thissection may appeal such revocation to the administrative hearingcommission, as provided by chapter 621, RSMo, within ninety days from thetime the commission mails the notice of revocation. A person who fails todo so waives all rights to appeal the revocation.
6. A certification of a state-certified real estate appraiser or alicense of a state-licensed real estate appraiser that has been suspendedas a result of disciplinary action by the commission shall not bereinstated, and a person may not obtain certification as a state-certifiedreal estate appraiser or licensure as a state-licensed real estateappraiser subsequent to revocation, unless the applicant presents evidenceof completion of the continuing education required by section 339.530during the period of suspension or revocation as well as fulfillment of anyother conditions imposed by the commission. Applicants forrecertification, relicensure or reinstatement also shall be required tosuccessfully complete the examination for original certification orlicensure required by section 339.515 as a condition to reinstatement ofcertification or licensure, or recertification or relicensure subsequent torevocation.
Refusal to issue or renew certificate or license, procedure, hearing,grounds for refusal, penalties--revocation, when,appeal--recertification or relicensure, examination required.
339.532. 1. The commission may refuse to issue or renew anycertificate or license issued pursuant to sections 339.500 to 339.549 forone or any combination of causes stated in subsection 2 of this section.The commission shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of the right to file a complaintwith the administrative hearing commission as provided by chapter 621,RSMo.
2. The commission may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany state-certified real estate appraiser, state-licensed real estateappraiser, or any person who has failed to renew or has surrendered his orher certificate or license for any one or any combination of the followingcauses:
(1) Procuring or attempting to procure a certificate or licensepursuant to section 339.513 by knowingly making a false statement,submitting false information, refusing to provide complete information inresponse to a question in an application for certification or licensure, orthrough any form of fraud or misrepresentation;
(2) Failing to meet the minimum qualifications for certification orlicensure or renewal established by sections 339.500 to 339.549;
(3) Paying money or other valuable consideration, other than asprovided for by section 339.513, to any member or employee of thecommission to procure a certificate or license pursuant to sections 339.500to 339.549;
(4) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of any state or the United States, for any offensereasonably related to the qualifications, functions or duties of anyprofession licensed or regulated pursuant to sections 339.500 to 339.549for any offense of which an essential element is fraud, dishonesty or anact of violence, or for any offense involving moral turpitude, whether ornot sentence is imposed;
(5) Incompetency, misconduct, gross negligence, dishonesty, fraud, ormisrepresentation in the performance of the functions or duties of anyprofession licensed or regulated by sections 339.500 to 339.549;
(6) Violation of any of the standards for the development orcommunication of real estate appraisals as provided in or pursuant tosections 339.500 to 339.549;
(7) Failure to comply with the Uniform Standards of ProfessionalAppraisal Practice promulgated by the appraisal standards board of theappraisal foundation;
(8) Failure or refusal without good cause to exercise reasonablediligence in developing an appraisal, preparing an appraisal report, orcommunicating an appraisal;
(9) Negligence or incompetence in developing an appraisal, inpreparing an appraisal report, or in communicating an appraisal;
(10) Violating, assisting or enabling any person to willfullydisregard any of the provisions of sections 339.500 to 339.549 or theregulations of the commission for the administration and enforcement of theprovisions of sections 339.500 to 339.549;
(11) Accepting an appraisal assignment when the employment itself iscontingent upon the appraiser's reporting a predetermined analysis oropinion or where the fee to be paid for the performance of the appraisalassignment is contingent upon the opinion, conclusion, or valuation reachedor upon the consequences resulting from the appraisal assignment;
(12) Violating the confidential nature of governmental records towhich the person gained access through employment or engagement to performan appraisal assignment or specialized appraisal services for agovernmental agency;
(13) Violating any term or condition of a certificate or licenseissued by the commission pursuant to the authority of sections 339.500 to339.549;
(14) Violation of any professional trust or confidence;
(15) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(16) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by sections 339.500 to339.549 who is not licensed or certified and currently eligible to practicepursuant to sections 339.500 to 339.549;
(17) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(18) Disciplinary action against the holder of a license, certificateor other right to practice any profession regulated pursuant to sections339.500 to 339.549, imposed by another state, territory, federal agency orcountry upon grounds for which revocation or suspension is authorized inthis state;
(19) Making any material misstatement, misrepresentation, or omissionwith regard to any application for licensure or certification, or forlicense or certification renewal. As used in this section, "material"means important information about which the commission should be informedand which may influence a licensing decision;
(20) Engaging in or committing, or assisting any person in engagingin or committing, any practice or act of mortgage fraud, as defined insection 443.930, RSMo.
3. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that the grounds, providedin subsection 2 of this section, for disciplinary action are met, thecommission may, singly or in combination, publicly censure or place theperson named in the complaint on probation on such terms and conditions asthe commission deems appropriate for a period not to exceed five years, ormay suspend, for a period not to exceed three years, or revoke, thecertificate or license. The holder of a certificate or license revokedpursuant to this section may not obtain certification as a state-certifiedreal estate appraiser or licensure as a state-licensed real estateappraiser for at least five years after the date of revocation.
4. Notwithstanding other provisions of this section, a real estateappraiser license or certification shall be revoked, or in the case of anapplicant, shall not be issued, if the licensee or applicant has pleadedguilty to, entered a plea of nolo contendere to, or been found guilty ofmortgage fraud as defined in section 570.310, RSMo. The commission shallnotify the individual of the reasons for the revocation in writing, bycertified mail.
5. A person whose license is revoked under subsection 4 of thissection may appeal such revocation to the administrative hearingcommission, as provided by chapter 621, RSMo, within ninety days from thetime the commission mails the notice of revocation. A person who fails todo so waives all rights to appeal the revocation.
6. A certification of a state-certified real estate appraiser or alicense of a state-licensed real estate appraiser that has been suspendedas a result of disciplinary action by the commission shall not bereinstated, and a person may not obtain certification as a state-certifiedreal estate appraiser or licensure as a state-licensed real estateappraiser subsequent to revocation, unless the applicant presents evidenceof completion of the continuing education required by section 339.530during the period of suspension or revocation as well as fulfillment of anyother conditions imposed by the commission. Applicants forrecertification, relicensure or reinstatement also shall be required tosuccessfully complete the examination for original certification orlicensure required by section 339.515 as a condition to reinstatement ofcertification or licensure, or recertification or relicensure subsequent torevocation.
Refusal to issue or renew certificate or license, procedure, hearing,grounds for refusal, penalties--revocation, when,appeal--recertification or relicensure, examination required.
339.532. 1. The commission may refuse to issue or renew anycertificate or license issued pursuant to sections 339.500 to 339.549 forone or any combination of causes stated in subsection 2 of this section.The commission shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of the right to file a complaintwith the administrative hearing commission as provided by chapter 621,RSMo.
2. The commission may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany state-certified real estate appraiser, state-licensed real estateappraiser, or any person who has failed to renew or has surrendered his orher certificate or license for any one or any combination of the followingcauses:
(1) Procuring or attempting to procure a certificate or licensepursuant to section 339.513 by knowingly making a false statement,submitting false information, refusing to provide complete information inresponse to a question in an application for certification or licensure, orthrough any form of fraud or misrepresentation;
(2) Failing to meet the minimum qualifications for certification orlicensure or renewal established by sections 339.500 to 339.549;
(3) Paying money or other valuable consideration, other than asprovided for by section 339.513, to any member or employee of thecommission to procure a certificate or license pursuant to sections 339.500to 339.549;
(4) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of any state or the United States, for any offensereasonably related to the qualifications, functions or duties of anyprofession licensed or regulated pursuant to sections 339.500 to 339.549for any offense of which an essential element is fraud, dishonesty or anact of violence, or for any offense involving moral turpitude, whether ornot sentence is imposed;
(5) Incompetency, misconduct, gross negligence, dishonesty, fraud, ormisrepresentation in the performance of the functions or duties of anyprofession licensed or regulated by sections 339.500 to 339.549;
(6) Violation of any of the standards for the development orcommunication of real estate appraisals as provided in or pursuant tosections 339.500 to 339.549;
(7) Failure to comply with the Uniform Standards of ProfessionalAppraisal Practice promulgated by the appraisal standards board of theappraisal foundation;
(8) Failure or refusal without good cause to exercise reasonablediligence in developing an appraisal, preparing an appraisal report, orcommunicating an appraisal;
(9) Negligence or incompetence in developing an appraisal, inpreparing an appraisal report, or in communicating an appraisal;
(10) Violating, assisting or enabling any person to willfullydisregard any of the provisions of sections 339.500 to 339.549 or theregulations of the commission for the administration and enforcement of theprovisions of sections 339.500 to 339.549;
(11) Accepting an appraisal assignment when the employment itself iscontingent upon the appraiser's reporting a predetermined analysis oropinion or where the fee to be paid for the performance of the appraisalassignment is contingent upon the opinion, conclusion, or valuation reachedor upon the consequences resulting from the appraisal assignment;
(12) Violating the confidential nature of governmental records towhich the person gained access through employment or engagement to performan appraisal assignment or specialized appraisal services for agovernmental agency;
(13) Violating any term or condition of a certificate or licenseissued by the commission pursuant to the authority of sections 339.500 to339.549;
(14) Violation of any professional trust or confidence;
(15) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(16) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by sections 339.500 to339.549 who is not licensed or certified and currently eligible to practicepursuant to sections 339.500 to 339.549;
(17) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(18) Disciplinary action against the holder of a license, certificateor other right to practice any profession regulated pursuant to sections339.500 to 339.549, imposed by another state, territory, federal agency orcountry upon grounds for which revocation or suspension is authorized inthis state;
(19) Making any material misstatement, misrepresentation, or omissionwith regard to any application for licensure or certification, or forlicense or certification renewal. As used in this section, "material"means important information about which the commission should be informedand which may influence a licensing decision;
(20) Engaging in or committing, or assisting any person in engagingin or committing, any practice or act of mortgage fraud, as defined insection 443.930, RSMo.
3. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that the grounds, providedin subsection 2 of this section, for disciplinary action are met, thecommission may, singly or in combination, publicly censure or place theperson named in the complaint on probation on such terms and conditions asthe commission deems appropriate for a period not to exceed five years, ormay suspend, for a period not to exceed three years, or revoke, thecertificate or license. The holder of a certificate or license revokedpursuant to this section may not obtain certification as a state-certifiedreal estate appraiser or licensure as a state-licensed real estateappraiser for at least five years after the date of revocation.
4. Notwithstanding other provisions of this section, a real estateappraiser license or certification shall be revoked, or in the case of anapplicant, shall not be issued, if the licensee or applicant has pleadedguilty to, entered a plea of nolo contendere to, or been found guilty ofmortgage fraud as defined in section 570.310, RSMo. The commission shallnotify the individual of the reasons for the revocation in writing, bycertified mail.
5. A person whose license is revoked under subsection 4 of thissection may appeal such revocation to the administrative hearingcommission, as provided by chapter 621, RSMo, within ninety days from thetime the commission mails the notice of revocation. A person who fails todo so waives all rights to appeal the revocation.
6. A certification of a state-certified real estate appraiser or alicense of a state-licensed real estate appraiser that has been suspendedas a result of disciplinary action by the commission shall not bereinstated, and a person may not obtain certification as a state-certifiedreal estate appraiser or licensure as a state-licensed real estateappraiser subsequent to revocation, unless the applicant presents evidenceof completion of the continuing education required by section 339.530during the period of suspension or revocation as well as fulfillment of anyother conditions imposed by the commission. Applicants forrecertification, relicensure or reinstatement also shall be required tosuccessfully complete the examination for original certification orlicensure required by section 339.515 as a condition to reinstatement ofcertification or licensure, or recertification or relicensure subsequent torevocation.
