(a) Authority of board.--The board may deny, suspend or revoke certificates or licenses, or limit, restrict or reprimand a certificateholder or licensee for any of the following causes:
(1) Procuring or attempting to procure a certificate or license or renewal of a certificate or license pursuant to this act by knowingly making a false statement, submitting false information or refusing to provide complete information in response to a question in an application for certification or licensure or renewal of certification or licensure through any form of fraud or misrepresentation.
(2) Failing to meet the minimum qualifications established by this act.
(3) Paying, or offering to pay, any valuable consideration other than provided for by this act to any member or employee of the board to procure a certificate under this act.
(4) Being convicted of or pleading guilty to a crime which is substantially related to the qualifications, functions and duties of a person developing real property appraisals and communicating real property appraisals to others.
(5) Performing an act or omitting an act when such performance or omission involves dishonesty, fraud or misrepresentation with intent to substantially benefit the certificateholder or licensee in his profession or with the intent to substantially injure another person.
(6) Violating any of the standards for the development or communication of real property appraisals as required pursuant to this act or the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Public Law 101-73, 103 Stat. 183).1
(7) Failing or refusing, without good cause, to exercise reasonable diligence in developing an appraisal, preparing an appraisal report or communicating an appraisal.
(8) Negligently or incompetently developing an appraisal, preparing an appraisal report or communicating an appraisal.
(9) Willfully disregarding or violating any of the provisions of this act or the guidelines or regulations of the board for the administration and enforcement of the provisions of this act.
(10) Accepting an appraisal assignment when the employment itself is contingent upon the appraiser's reporting a predetermined analysis or opinion, or where the fee to be paid for the performance of the appraisal assignment is contingent upon the opinion, conclusion or valuation reached, or upon the consequence resulting from the appraisal assignment.
(11) Violating the confidential nature of records to which the appraiser gained access through employment or engagement as an appraiser.
(12) Making the fee or compensation contingent upon an award or recovery in any case where the amount of the award or recovery would be affected by the appraisal.
(13) Basing the fee or compensation on a percentage of the final estimate of value.
(14) Contracting for or accepting compensation for appraisal services in the form of a commission, rebate, division of brokerage commissions or any other similar form.
(15) Having a license or certificate to perform appraisals suspended, revoked or refused by an appraisal licensure or certification authority of another state, territory or country, or receiving other disciplinary actions by the appraisal licensure or certification authority of another state, territory or country.
(16) Suspension or revocation of the right to practice by a Federal or State governmental agency.
(17) Having been found by a civil court of competent jurisdiction to have performed a fraudulent appraisal.
(b) Board action.--When the board finds that the certificate or license, application for certification or licensure or renewal of certification or licensure of any person may be denied, revoked, restricted or suspended under the terms of subsection (a), the board may:
(1) Deny the application for certification or licensure or for renewal of certification or licensure.
(2) Administer a public reprimand.
(3) Revoke, suspend, limit or otherwise restrict a certificate or license as determined by the board.
(4) Suspend enforcement of its findings thereof and place a certificateholder or licensee on probation with the right to vacate the probationary order for noncompliance.
(5) Restore a suspended certificate or license and impose any disciplinary or corrective measure which it might originally have imposed.
(c) Hearing.--All actions of the board shall be taken subject to the right of notice, hearing and adjudication and the right of appeal therefrom in accordance with 2 Pa.C.S. (relating to administrative law and procedure). Appeals from actions of the board shall be taken to Commonwealth Court or to such other court as prescribed by law.
Credits
1990, July 10, P.L. 404, No. 98, § 11, imd. effective. Amended 1996, July 2, P.L. 460, No. 71, § 1, effective in 60 days; 2008, July 8, P.L. 833, No. 59, § 3, effective in 60 days [Sept. 8, 2008].
