Nebraska Statutes 76-2238. Disciplinary action; denial of application; grounds
The following acts and omissions shall be considered grounds for disciplinary action or denial of an application by the board:
Terms Used In Nebraska Statutes 76-2238
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Appraisal: means (1) as a noun, an opinion of value or the act or process of developing an opinion of value or (2) as an adjective, pertaining to appraising and related functions such as real property appraisal practice. See Nebraska Statutes 76-2204
- Appraisal: A determination of property value.
- Appraiser Qualifications Board: means the Appraiser Qualifications Board of the Appraisal Foundation. See Nebraska Statutes 76-2205.03
- Assignment: means a valuation service that is performed by a real property appraiser as a consequence of an agreement with a client. See Nebraska Statutes 76-2207.01
- Board: means the Real Property Appraiser Board. See Nebraska Statutes 76-2207.18
- Conviction: A judgement of guilt against a criminal defendant.
- Credential: means a registration, license, or certificate. See Nebraska Statutes 76-2207.25
- Credential holder: means (1) any person who holds a valid credential as a trainee real property appraiser, licensed real property appraiser, certified residential real property appraiser, or certified general real property appraiser and (2) any person who holds a temporary credential to engage in real property appraisal practice within this state. See Nebraska Statutes 76-2207.26
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Nebraska Statutes 76-2207.32
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: means an individual or a firm, a partnership, a limited partnership, a limited liability company, an association, a corporation, or any other group engaged in joint business activities, however organized. See Nebraska Statutes 76-2213.02
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Real estate: means a parcel or tract of land, including improvements, if any. See Nebraska Statutes 76-2214
- Real property: means one or more defined interests, benefits, or rights inherent in the ownership of real estate. See Nebraska Statutes 76-2214.01
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property appraisal practice: means any act or process performed by a real property appraiser involved in developing and reporting an analysis, opinion, or conclusion relating to the specified interests in or aspects of identified real estate or real property or an appraisal review. See Nebraska Statutes 76-2215
- Real property appraiser: means a person who is a credential holder. See Nebraska Statutes 76-2216
- Report: means any communication, written, oral, or by electronic means, of assignment results transmitted to the client or a party authorized by the client upon completion of an assignment. See Nebraska Statutes 76-2216.02
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Valuation services: means services pertaining to an aspect of property value, including a service performed by real property appraisers. See Nebraska Statutes 76-2219.01
(1) Failure to meet the minimum qualifications for credentialing established by or pursuant to the Real Property Appraiser Act;
(2) Procuring or attempting to procure a credential under the act by knowingly making a false statement, submitting false information, or making a material misrepresentation in an application filed with the board 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 the act to any member or employee of the board to procure a credential;
(4) An act or omission involving real estate or real property appraisal practice which constitutes dishonesty, fraud, or misrepresentation with or without the intent to substantially benefit the credential holder or another person or with the intent to substantially injure another person;
(5) Failure to demonstrate character and general fitness such as to command the confidence and trust of the public;
(6) Conviction, including a conviction based upon a plea of guilty or nolo contendere, of any felony unless his or her civil rights have been restored;
(7) Entry of a final civil or criminal judgment, including dismissal with settlement, on grounds of fraud, dishonesty, breach of trust, money laundering, misrepresentation, or deceit involving real estate, financial services, or real property appraisal practice;
(8) Conviction, including a conviction based upon a plea of guilty or nolo contendere, of a crime which is related to the qualifications, functions, or duties of a real property appraiser;
(9) Performing valuation services as a credentialed real property appraiser under an assumed or fictitious name;
(10) Paying a finder’s fee or a referral fee to any person in connection with a real property appraisal practice assignment, except that an intracompany payment for business development shall not be considered to be unethical or a violation of this subdivision;
(11) Making a false or misleading statement in that portion of a written report that deals with professional qualifications or in any testimony concerning professional qualifications;
(12) Any violation of the act or any rules and regulations adopted and promulgated pursuant to the act;
(13) Failure to maintain, or to make available for inspection and copying, records required by the board;
(14) Demonstrating negligence, incompetence, or unworthiness to act as a real property appraiser, whether of the same or of a different character as otherwise specified in this section;
(15) Suspension or revocation of an appraisal credential or a license in another regulated occupation, trade, or profession in this or any other jurisdiction or disciplinary action taken by another jurisdiction that limits the real property appraiser’s ability to engage in real property appraisal practice;
(16) Failure to renew or surrendering an appraisal credential or any other registration, license, or certification issued by any other regulatory agency or held in any other jurisdiction in lieu of disciplinary action pending or threatened;
(17) Failure to report disciplinary action taken against an appraisal credential or any other registration, license, or certification issued by any other regulatory agency or held in any other jurisdiction within sixty days of receiving notice of such disciplinary action;
(18) Failure to comply with terms of a consent agreement or settlement agreement;
(19) Failure to submit or produce books, records, documents, workfiles, reports, or other materials requested by the board concerning any matter under investigation;
(20) Failure of an education provider to produce records, documents, reports, or other materials, including, but not limited to, required student attendance reports, to the board;
(21) Knowingly offering or attempting to offer a qualifying or continuing education course or activity as being approved by the board to a real property appraiser or an applicant, without first obtaining approval of the activity from the board, except for courses required by an accredited degree-awarding college or university for completion of a degree in real estate, if the college or university had its curriculum approved by the Appraiser Qualifications Board as qualifying education;
(22) Presentation to the Real Property Appraiser Board of any check which is returned to the State Treasurer unpaid, whether payment of fee is for an initial or renewal credential or for examination; and
(23) Failure to pass the examination.