Home Table of Contents

§ 457.30. Disciplinary measures

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: July 31, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 13C-1. Appraisal Management Company Registration Act (Refs & Annos)
Effective: July 31, 2012
63 P.S. § 457.30
§ 457.30. Disciplinary measures
Currentness
(a) Authority of board.--The board may impose disciplinary action as set forth in subsection (b) upon an applicant, registrant, exempt company, person acting as an appraisal management company, person holding out as an appraisal management company or person advertising or holding out as engaging in or conducting the business of an appraisal management company, for any of the following causes:
(1) The appraisal management company's application for registration or renewal of registration when filed contained a statement that, in light of the circumstances under which it was made, is false or misleading with respect to a material fact.
(2) The applicant, registrant, exempt company, its compliance person or key person has violated or failed to comply with:
(i) This act or the regulations or guidelines promulgated by the board for the administration and enforcement of this act.
(ii) The REACA or the regulations or guidelines promulgated by the board for the administration and enforcement of the REACA.
(3) The State Real Estate Commission has found the applicant, registrant, exempt company, compliance person or key person in violation of the RELRA or the regulations to administer and effectuate the purposes of the RELRA.
(4) The Department of Banking or a court of competent jurisdiction has found the applicant, registrant, exempt company, compliance person or key person in violation of the provisions of 7 Pa.C.S. Ch. 61 (relating to mortgage loan industry licensing and consumer protection) or the Mortgage Bankers and Brokers and Consumer Equity Protection Act.1
(5) The applicant, registrant, exempt company, compliance person or key person has been convicted of:
(i) A felony.
(ii) Within the past ten years, a misdemeanor involving mortgage lending or real estate appraising, breach of trust, moral turpitude or fraudulent or dishonest dealing.
(6) The applicant, registrant, exempt company, compliance person or key person is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving appraisal management services or operating an appraisal management company.
(7) The applicant, registrant, exempt company, compliance person or key person is the subject of an order of the board or any other state appraisal management company regulatory agency denying, suspending or revoking the person's privilege to operate as an appraisal management company, or other disciplinary actions by an agency of another jurisdiction responsible for regulating appraisers, mortgage brokers, real estate salespersons or real estate brokers.
(8) The person was not an exempt company or registrant and:
(i) Acted as an appraisal management company.
(ii) Held out as an appraisal management company within this Commonwealth.
(iii) Advertised or held out as engaging in or conducting the business of an appraisal management company
(b) Board action.--When the board finds any of the causes listed in subsection (a) supported by substantial evidence the board may:
(1) Deny, suspend, revoke or refuse to issue or renew the registration of an appraisal management company under this act.
(2) Restrict, reprimand, limit or suspend enforcement of its findings and place the appraisal management company on probation with the right to vacate the probation for noncompliance.
(3) In lieu of imposing a sanction authorized by paragraph (1), the board may order the removal, replacement or restriction of a compliance person or a key person found to have committed any of the violations of subsection (a) as a condition of approving, renewing or retaining an applicant's or registrant's registration.
(4) In lieu of imposing a sanction authorized by paragraph (1), the board may order a person found to have committed any of the violations of subsection (a) and that owns an interest in or participates in the business of an appraisal management company to divest partially or wholly of such interest or participation as a condition of granting, renewing or retaining an applicant's or registrant's registration.
(5) Levy a civil penalty or costs of investigation under subsection (d) or the act of July 2, 1993, (P.L. 345, No. 48),2 entitled “An act empowering the General Counsel or his designee to issue subpoenas for certain licensing board activities; providing for hearing examiners in the Bureau of Professional and Occupational Affairs; providing additional powers to the Commissioner of Professional and Occupational Affairs; and further providing for civil penalties and license suspension.”
(6) Require a surety bond or letter of credit in addition to the requirements of section 6(b)3 and regulations of the board promulgated pursuant to that subsection.
(c) Criminal penalties.--A person that violates this act commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of up to $1,000 or to imprisonment for not more than 90 days, or both.
(d) Civil penalty.--In addition to any other civil remedy or criminal penalty provided for in this act, the board may levy a civil penalty of up to $10,000 on any person that violates any provision of this act or any person that acts as an appraisal management company, holds out as an appraisal management company in this Commonwealth or advertises or holds out as engaging in or conducting the business of an appraisal management company at a time when the person is not an exempt company or registered under this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in 2 Pa.C.S. (relating to administrative law and procedure). All civil penalties imposed in accordance with this section shall be paid into the Professional Licensure Augmentation Account.
(e) Procedures.--The investigation and prosecution of disciplinary proceedings under this section shall be conducted by the board under the provisions of the REACA.

Credits

2012, Feb. 2, P.L. 30, No. 4, § 10, effective in 180 days [July 31, 2012].

Footnotes

1
63 P.S. § 456.101 et seq.
2
63 P.S. § 2201 et seq. (repealed); see now, 63 Pa.C.S.A. § 3101 et seq.
3
63 P.S. § 457.26.
63 P.S. § 457.30, PA ST 63 P.S. § 457.30
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document