S.D. Admin. R. 20:14:11:03

Current through Register Vol. 50, page 162, June 24, 2024

Section 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 a credential, when filing an initial or renewal application with the department for certification, licensure, or registration under this article, by:

(a) making a false statement,

(b) submitting false information,

(c) making a material misrepresentation; or

(d) through fraudulent measures;

(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:

(a) dishonesty,

(b) fraud, or

(c) 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) Failing to report a criminal conviction within 10 days of final judgment;

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

(9) 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;

(10) 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;

(11) Violating any provision of this article;

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

(13) 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;

(14) 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;

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

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

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

(18) 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;

(19) 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;

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

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

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

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

S.D. Admin. R. 20:14:11:03

18 SDR 36, effective 8/25/1991; 20 SDR 9, effective 8/1/1993; 20 SDR 18, effective 8/12/1993; 21 SDR 49, effective 9/18/1994; 22 SDR 91, effective 1/1/1996; 23 SDR 113, effective 1/12/1997; 24 SDR 91, effective 1/8/1998; 26 SDR 120, effective 3/27/2000; 29 SDR 99, effective 1/15/2003; 34 SDR 200, effective 1/28/2008; 35 SDR 175, effective 1/1/2009; 36 SDR 112, effective 1/11/2010; 38 SDR 214, effective 6/21/2012; 41 SDR217, effective 6/29/2015; 42 SDR 98, effective 1/5/2016; 44 SDR 27, effective 8/14/2017; 47 SDR 071, effective 12/14/2020

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

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