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          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 certification, licensure, or registration under this article by knowingly making a false statement, submitting false information, or making a material misrepresentation in an application filed with the department or procuring or attempting to procure a credential through fraud or misrepresentation;


          (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 dishonesty, fraud, or 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)  Engaging in the business of real estate appraising under an assumed or fictitious name;


          (8)  Paying a finder's fee or a referral fee to any person in connection with the appraisal of real estate, but an intracompany payment for business development is ethical;


          (9)  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;


          (10)  Violating any provision of this article;


          (11)  Violating the confidential nature of any information to which a credential holder gained access through employment for evaluation assignments or valuation assignments;


          (12)  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;


          (13)  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;


          (14)  Being disciplined with suspension, denial, censure, reprimand, or revocation of a credential by another state or jurisdiction;


          (15)  Submitting fraudulent materials to another state or jurisdiction to become registered, licensed, or certified;


          (16)  Being disciplined with suspension, denial, censure, reprimand, or revocation of a credential by another regulated occupation, trade, or profession;


          (17)  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;


          (18)  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;


          (19)  Filing a complaint against another appraiser falsely alleging a violation of any provision of this article as a means of retribution;


          (20)  Failing to comply with a final order of the secretary;


          (21)  Failing to meet the responsibilities as a supervisory appraiser;


          (22)  Voluntary surrender of a credential in lieu of disciplinary action by another state or jurisdiction.


          Source: 18 SDR 36, effective August 25, 1991; 20 SDR 9, effective August 1, 1993; 20 SDR 18, effective August 12, 1993; 21 SDR 49, effective September 18, 1994; 22 SDR 91, effective January 1, 1996; 23 SDR 113, effective January 12, 1997; 24 SDR 91, effective January 8, 1998; 26 SDR 120, effective March 27, 2000; 29 SDR 99, effective January 15, 2003; 34 SDR 200, effective January 28, 2008; 35 SDR 175, effective January 1, 2009; 36 SDR 112, effective January 11, 2010; 38 SDR 214, effective June 21, 2012; 41 SDR 217, effective June 29, 2015; 42 SDR 98, effective January 5, 2016; 44 SDR 27, effective August 14, 2017.

          General Authority: SDCL 36-21B-3(12).

          Law Implemented: SDCL 36-21B-1, 36-21B-3(12).


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