Rhode Island General Laws 5-20.7-20. Revocation or suspension of certification or license
(a) The director of the department of business regulation may, upon his or her own motion or by recommendation of the board, and shall, upon the verified complaint, in writing, of any person setting forth a cause under this section, ascertain the facts and, if warranted, hold a hearing for the suspension or revocation of a certification or license.
Terms Used In Rhode Island General Laws 5-20.7-20
- analysis: is a study of real estate or real property other than estimating value. See Rhode Island General Laws 5-20.7-2
- Appraisal: A determination of property value.
- Appraisal report: means any communication, written or oral, of an appraisal. See Rhode Island General Laws 5-20.7-2
- Board: means the real-estate appraisal board established pursuant to the provisions of this chapter. See Rhode Island General Laws 5-20.7-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the department of business regulation. See Rhode Island General Laws 5-20.7-2
- Director: means the director of the department of business regulation. See Rhode Island General Laws 5-20.7-2
- Fraud: Intentional deception resulting in injury to another.
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- 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: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- valuation: is a n estimate of the value of real estate or real property. See Rhode Island General Laws 5-20.7-2
(b) No action may be taken pursuant to this section against a person who is certified or licensed in accordance with the provisions of this chapter unless the action is commenced within:
(1) Five (5) years of the issuance of the certified appraisal report; or
(2) Two (2) years of any judicial proceeding in which the appraiser provided testimony related to the appraisal assignment, whichever period expires later.
(c) The director has the power to refuse a certification or license for cause or to suspend or revoke a certification or license where it has been obtained by false representation, or by fraudulent act or conduct, or where the holder of a certificate in performing or attempting to perform any of the acts mentioned in this chapter, is found guilty of:
(1) Procuring or attempting to procure certification or licensing pursuant to this chapter by knowingly making a false statement, knowingly submitting false information, refusing to provide complete information in response to a question in an application for certification or license, or through any form of fraud or misrepresentation;
(2) Failing to meet the minimum qualifications established by this chapter;
(3) Paying money other than provided for by this chapter to any member or employee of the board or department to procure a certification under this chapter;
(4) A conviction, including a conviction based upon a plea of guilty or nolo contendere, of a crime that is substantially related to the qualifications, functions, and duties of a person developing appraisals and communicating appraisals to others or conviction of any felony;
(5) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit the certificate holder or another person or with the intent to substantially injure another, mislead or defraud another person;
(6) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
(7) Accepting an appraisal assignment when the employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion, or where the fee to be paid is contingent upon the opinion, conclusion, or valuation reached, or upon the consequence resulting from the appraisal assignment; or
(8) Entry of a final civil judgment against the person on grounds of fraud, misrepresentation, or deceit in the making of an appraisal.
History of Section.
P.L. 1990, ch. 424, § 1; P.L. 1992, ch. 275, § 1; P.L. 2019, ch. 45, § 1; P.L. 2019, ch. 65, § 1.