In addition to the grounds enumerated in Title 10, section 8003, subsection 5?A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5?A for: [PL 2017, c. 475, Pt. D, §1 (REEN).]
1. Lack of trustworthiness. Lack of trustworthiness and competence to conduct appraisal management services in a manner that safeguards the interests of the public;

[PL 2017, c. 475, Pt. D, §1 (REEN).]

Terms Used In Maine Revised Statutes Title 32 Sec. 14049

  • Appraisal: A determination of property value.
  • Appraisal assignment: means an agreement between an appraiser and an appraisal management company to provide an appraisal service. See Maine Revised Statutes Title 32 Sec. 14042
  • Appraisal management company: means a person that:
A. See Maine Revised Statutes Title 32 Sec. 14042
  • Appraisal service: means an act or process of completing an appraisal assignment. See Maine Revised Statutes Title 32 Sec. 14042
  • Appraiser: means a person licensed under chapter 124. See Maine Revised Statutes Title 32 Sec. 14042
  • Board: means the Board of Real Estate Appraisers under section 14011. See Maine Revised Statutes Title 32 Sec. 14042
  • Fraud: Intentional deception resulting in injury to another.
  • Person: means an individual, firm, partnership, association, corporation, limited liability company, sole proprietorship or any other entity. See Maine Revised Statutes Title 32 Sec. 14042
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
    • 2. Misconduct. The commission of an act or omission in the practice of appraisal management services that constitutes dishonesty, fraud or misrepresentation with the intent to benefit the licensee or another person or with the intent to injure another person;

    [PL 2017, c. 475, Pt. D, §1 (REEN).]

    3. Court judgment. The entry of a final civil or criminal judgment against the licensee on grounds of fraud, misrepresentation or deceit in the provision of appraisal management services;

    [PL 2017, c. 475, Pt. D, §1 (REEN).]

    4. Unauthorized payment. Payment of a finder’s fee or a referral fee to a person who does not have an appraiser license under chapter 124 in connection with appraisal management services;

    [PL 2017, c. 475, Pt. D, §1 (REEN).]

    5. Misrepresentation of professional qualifications. Permitting an employee of the licensee or a member of the licensee’s appraisal panel to make 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;

    [PL 2017, c. 475, Pt. D, §1 (REEN).]

    6. Predetermined appraisal result. Accepting a fee for performing an appraisal service when, in fact, the fee is or was contingent upon the appraiser’s reporting a predetermined analysis, opinion or conclusion or is or was contingent upon the analysis, opinion, conclusion or valuation reached or upon the consequences resulting from the appraisal assignment;

    [PL 2017, c. 475, Pt. D, §1 (REEN).]

    7. Lack of diligence. Failure or refusal, without good cause, to exercise reasonable diligence in providing appraisal management services;

    [PL 2017, c. 475, Pt. D, §1 (REEN).]

    8. Negligence or incompetence. Negligence or incompetence in performing appraisal management services;

    [PL 2017, c. 475, Pt. D, §1 (REEN).]

    9. Breach of confidentiality. A violation of the confidential nature of individual, business or governmental records to which a licensee or applicant gained access through employment or engagement as an appraisal management company;

    [PL 2017, c. 475, Pt. D, §1 (REEN).]

    10. Suspension or revocation of license. Having had a professional or occupational license suspended or revoked for disciplinary reasons or an application rejected for reasons related to untrustworthiness within 3 years prior to the date of application; and

    [PL 2017, c. 475, Pt. D, §1 (REEN).]

    11. Failure to meet professional qualifications; failure to submit complete application. Failure to meet the professional qualifications for licensure as provided in this chapter or failure to submit a complete application within 30 days after being notified of the materials needed to complete the application.

    [PL 2017, c. 475, Pt. D, §1 (REEN).]

    SECTION HISTORY

    PL 2017, c. 270, §1 (NEW). PL 2017, c. 475, Pt. D, §1 (REEN). MRSA T. 32 §14049-K, sub-§1 (RP).
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