Iowa Code r. 193F-6.3 - Grounds for discipline
The board may initiate disciplinary action against a registered associate appraiser or a certified real estate appraiser based on any one or more of the following grounds:
(1)
Code violations. Any violation of an Iowa Code provision that
authorizes imposition of licensee sanctions:
a. False representation of a material fact,
whether by word or by conduct, by false or misleading allegation, or by
concealment of that which should have been disclosed;
b. Attempting to file or filing with the
board any false or forged diploma, course certificate, identification,
credential, license, registration, certification, examination report,
affidavit, or other record;
c.
Failing or refusing to provide complete information in response to a question
on an application for initial or renewal registration or certification;
or
d. Otherwise participating in
any form of fraud or misrepresentation by act or omission.
(2)
Professional
incompetence. Professional incompetence includes, but is not limited
to:
a. A substantial lack of knowledge or
ability to discharge professional obligations within the scope of
practice.
b. A substantial
deviation from the standards of learning or skill ordinarily possessed and
applied by other practitioners in the state of Iowa acting in the same or
similar circumstances.
c. A failure
to exercise the degree of care that is ordinarily exercised by the average
practitioner acting in the same or similar circumstances.
d. Failure to conform to the minimal
standards of acceptable and prevailing practice of registered associate
appraisers or certified real property appraisers in this state.
e. A willful, repeated, or material deviation
from USPAP standards, or other act or omission that demonstrates an inability
to safely practice in a manner protective of the public's interest, including
any violation of USPAP's competency rule.
(3)
Deceptive practices.
Deceptive practices are grounds for discipline, whether or not actual injury is
established, and include but are not limited to:
a. Knowingly making misleading, deceptive,
untrue or fraudulent representations in the practice of real property
appraising.
b. Use of untruthful or
improbable statements in advertisements. Use of untruthful or improbable
statements in advertisements includes, but is not limited to, an action by a
registrant or certificate holder in making information or intention known to
the public that is false, deceptive, misleading or promoted through fraud or
misrepresentation.
c. Falsification
of business records or appraisal logs through false or deceptive
representations or omissions.
d.
Submission of false or misleading reports or information to the board including
information supplied in an audit of continuing education, reports submitted as
a condition of probation, or any reports identified in this rule.
e. Making any false or misleading statement
in support of an application for registration or certification submitted by
another.
f. Knowingly presenting as
one's own a certificate or registration, certificate or registration number, or
signature of another or of a fictitious registrant or certificate holder, or
otherwise falsely impersonating a certified appraiser or registered associate
appraiser.
g. Representing oneself
as a registered associate appraiser or certified appraiser when one's
registration or certificate has been suspended, revoked, surrendered, or placed
on inactive or retired status, or has lapsed.
h. Permitting another person to use the
registrant's or certificate holder's registration or certificate for any
purposes.
i. Fraud in
representations as to skill or ability.
j. Misrepresenting a specialized service as
an appraisal assignment in violation of Iowa Code section
543D.18(3) or
(5).
(4)
Unethical, harmful or detrimental
conduct. Registrants and certificate holders engaging in unethical
conduct or practices harmful or detrimental to the public may be disciplined
whether or not injury is established. Behaviors and conduct that are unethical,
harmful or detrimental to the public may include, but are not limited to, the
following actions:
a. Verbal or physical
abuse, improper sexual contact, or making suggestive, lewd, lascivious,
offensive or improper remarks or advances, if such behavior occurs within the
practice of real property appraising or if such behavior otherwise provides a
reasonable basis for the board to conclude that such behavior within the
practice of real estate appraising would place the public at risk.
b. Engaging in a professional conflict of
interest, or otherwise violating the public trust, as provided in USPAP's
ethics rule.
c. Aiding or abetting
any unlawful activity for which a civil penalty can be imposed under rule
193F-12.2
(543D).
(5)
Lack
of proper qualifications.
a.
Continuing to practice as a registered associate appraiser or certified real
property appraiser without satisfying the continuing education for registration
or certificate renewal.
b. Acting
as a supervisor without proper qualification, as provided in rule
193F-4.7 (543D).
c. Habitual intoxication or addiction to the
use of drugs, or impairment that adversely affects the registrant's or
certificate holder's ability to practice in a safe and competent
manner.
d. Any act, conduct, or
condition, including lack of education or experience and careless or
intentional acts or omissions, that demonstrates a lack of qualifications that
are necessary to ensure a high standard of professional care as provided in
Iowa Code section 272C.3(2)
"b," or that impairs a practitioner's ability to safely and
skillfully practice the profession.
e. Failure to meet the minimum qualifications
for registration as an associate appraiser or certification as a certified real
property appraiser.
f. Practicing
outside the scope of a certification, or outside the scope of a supervisor's
certification.
(6)
Negligence by the registrant or certificate holder in the practice of
the profession. Negligence by the registrant or certificate holder in
the practice of the profession includes but is not limited to:
a. A failure to exercise due care including
negligent delegation of duties to or supervision of associate appraisers, or
other employees, agents, or persons, in developing an appraisal, preparing an
appraisal report, or communicating an appraisal, whether or not injury
results.
b. Neglect of contractual
or other duties to a client.
(7)
Professional misconduct.
a. Violation of a regulation or law of this
state, another state, or the United States, which relates to the practice of
real estate appraising.
b. Engaging
in any conduct that subverts or attempts to subvert a board
investigation.
c. Revocation,
suspension, or other disciplinary action taken by a licensing authority of this
state or another state, territory, or country. A stay by an appellate court
will not negate this obligation; however, if such disciplinary action is
overturned or reversed by a court of last resort, discipline by the board based
solely on such action will be vacated.
d. A violation of Iowa Code section
543D.18.
e. A violation of Iowa Code section
543D.20 (limitations on persons
assisting in the development or reporting of a certified appraisal).
f. Failure to retain records as provided in
Iowa Code section 543D.19.
g. Violation of the terms of an initial
agreement with the impaired practitioner review committee or violation of the
terms of an impaired practitioner recovery contract with the impaired
practitioner review committee.
(8)
Willful or repeated
violations. The willful or repeated violation or disregard of any
provision of Iowa Code chapter 272C or 543D, or any administrative rule adopted
by the board in the administration or enforcement of such chapters.
(9)
Failure to report.
a. Failure by a registrant or certificate
holder or an applicant for a registration or certificate to report in writing
to the board any revocation, suspension, or other disciplinary action taken by
a licensing authority, in Iowa or any other jurisdiction, within 30 calendar
days of the final action.
b.
Failure of a registrant or certificate holder or an applicant for a
registration or certificate to report, within 30 calendar days of the action,
any voluntary surrender of a professional license to resolve a pending
disciplinary investigation or action, in Iowa or any other
jurisdiction.
c. Failure to notify
the board of a criminal conviction within 30 calendar days of the action,
regardless of the jurisdiction where it occurred.
d. Failure to notify the board within 30
calendar days after occurrence of any adverse judgment in a professional or
occupational malpractice action, or settlement of any claim involving
malpractice, regardless of the jurisdiction where it occurred.
e. Failure to report another registrant or
certificate holder to the board for any violation listed in these rules,
pursuant to Iowa Code section
272C.9(2),
promptly after the registrant or certificate holder becomes aware that a
reportable violation has occurred.
f. Failure to report to the board the
appraiser's principal place of business and any change in the appraiser's
principal place of business within 30 calendar days of such change.
g. Failure of an associate appraiser or
supervisor to timely respond to board requests for information, as provided in
193F-Chapter 4.
(10)
Failure to comply with board order. Failure to comply with the
terms of a board order or the terms of a settlement agreement or consent order,
or other decision of the board imposing discipline.
(11)
Conviction of a crime.
a. Conviction, in this state or any other
jurisdiction, of any felony offense that directly relates to the profession, or
of any crime that is substantially related to the qualifications, functions,
duties or practice of a person developing or communicating real estate
appraisals to others. Any crime involving deception, dishonesty or disregard
for the safety of others will be deemed directly related to the practice of
real property appraising. A certified copy of the final order or judgment of
conviction or plea of guilty in this state or in another jurisdiction will be
conclusive evidence of the conviction. "Conviction" includes any plea of guilty
or nolo contendere, including Alford pleas, or finding of guilt whether or not
judgment or sentence is deferred, withheld, or not entered, and whether or not
the conviction is on appeal. If such conviction is overturned or reversed by a
court of last resort, discipline by the board based solely on the conviction
will be vacated. A conviction qualifies as a felony offense if the offense is
designated as a felony in the jurisdiction in which the conviction occurred, or
if the offense is committed in this state, the offense would be a felony,
without regard to its designation elsewhere. An offense directly relates to the
profession if either:
(1) The actions taken in
furtherance of an offense are actions customarily performed within the scope of
practice of the profession, or
(2)
The circumstances under which an offense was committed are circumstances
customary to the profession.
b. Notwithstanding the foregoing, a
conviction may be grounds for revocation or suspension only if an unreasonable
risk to public safety exists because the offense directly relates to the duties
and responsibilities of the profession.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.