Kentucky Statutes 324A.050 – Grounds for refusal to reissue or renew certificate or license or for other disciplinary action — Minimum standard of conduct and performance — Petition for reinstatement
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(1) The board may refuse to issue, refuse to renew, suspend, or revoke a certificate or license, reprimand, admonish, place on probation, or impose a fine up to two thousand dollars ($2000) per each violation determined by the board, not to exceed five thousand dollars ($5000), on a certificate holder or licensee, or any combination thereof, for any of the following reasons:
(a) Procuring or attempting to procure a certificate or license by knowingly making a false statement or submitting false information, or through any form of fraud or misrepresentation;
(b) Refusing to provide complete information in response to a question in an application to the board or failing to meet the minimum qualifications established by the board;
(c) Being convicted of a felony or misdemeanor, if in accordance with KRS Chapter 335B;
(d) Committing an act involving dishonesty, fraud, or misrepresentation;
(e) Violating any of the provisions of KRS § 324A.010 to KRS § 324A.090, the administrative regulations of the board, or any lawful order of the board;
(f) Violating the confidential nature of records to which the appraiser gained access through employment or engagement as an appraiser;
(g) Committing any other conduct which constitutes or demonstrates bad faith, untrustworthiness, impropriety, fraud, or dishonesty;
(h) Failing or refusing, without good cause, to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
(i) Being negligent or incompetent in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;
(j) Failing to observe one (1) or more of the Uniform Standards of Professional Appraisal Practice in effect at the time of the appraisal report transmittal letter date; or
(k) Having a license or registration certificate to practice as a licensed or certified real property appraiser denied, limited, suspended, probated, or revoked in another jurisdiction on grounds sufficient to cause licensure to be denied, limited, suspended, probated, or revoked in this state.
(2) Notwithstanding any other provision of this chapter to the contrary, the requirements of KRS Chapter 324A, the board’s administrative regulations, and the current edition of the Uniform Standards of Professional Appraisal Practice shall constitute the minimum standard of conduct and performance for a licensee or credential holder in any work or service performed that is addressed by those standards.
(3) In any proceeding in which a suspension of thirty (30) days or more, or revocation is
imposed, the board may require the respondent to pay the actual costs of the investigation and all proceedings not to exceed ten thousand dollars ($10,000).
(4) Three (3) years from the date of a revocation, any certificate holder or licensee whose certificate or license has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate, upon a finding that the petitioner has complied with any and all terms prescribed by the board and is able to engage in the practice of real estate appraisal within the requirements of this chapter and the administrative regulations. The board may, in its discretion, require the petitioner to successfully pass the examination required for the applicable certificate or license.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 21, sec. 4, effective June 29, 2021. — Amended
2017 Ky. Acts ch. 158, sec. 74, effective June 29, 2017. — Amended 2013 Ky. Acts ch. 46, sec. 13, effective June 25, 2013. — Amended 1998 Ky. Acts ch. 377, sec. 4, effective July 15, 1998. — Amended 1994 Ky. Acts ch. 188, sec. 1, effective July 15,
1994. – Amended 1992 Ky. Acts ch. 247, sec. 7, effective April 7, 1992. — Created
1990 Ky. Acts ch. 383, sec. 9, effective July 13, 1990.
(a) Procuring or attempting to procure a certificate or license by knowingly making a false statement or submitting false information, or through any form of fraud or misrepresentation;
Terms Used In Kentucky Statutes 324A.050
- Appraisal: A determination of property value.
- Fraud: Intentional deception resulting in injury to another.
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Refusing to provide complete information in response to a question in an application to the board or failing to meet the minimum qualifications established by the board;
(c) Being convicted of a felony or misdemeanor, if in accordance with KRS Chapter 335B;
(d) Committing an act involving dishonesty, fraud, or misrepresentation;
(e) Violating any of the provisions of KRS § 324A.010 to KRS § 324A.090, the administrative regulations of the board, or any lawful order of the board;
(f) Violating the confidential nature of records to which the appraiser gained access through employment or engagement as an appraiser;
(g) Committing any other conduct which constitutes or demonstrates bad faith, untrustworthiness, impropriety, fraud, or dishonesty;
(h) Failing or refusing, without good cause, to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
(i) Being negligent or incompetent in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;
(j) Failing to observe one (1) or more of the Uniform Standards of Professional Appraisal Practice in effect at the time of the appraisal report transmittal letter date; or
(k) Having a license or registration certificate to practice as a licensed or certified real property appraiser denied, limited, suspended, probated, or revoked in another jurisdiction on grounds sufficient to cause licensure to be denied, limited, suspended, probated, or revoked in this state.
(2) Notwithstanding any other provision of this chapter to the contrary, the requirements of KRS Chapter 324A, the board’s administrative regulations, and the current edition of the Uniform Standards of Professional Appraisal Practice shall constitute the minimum standard of conduct and performance for a licensee or credential holder in any work or service performed that is addressed by those standards.
(3) In any proceeding in which a suspension of thirty (30) days or more, or revocation is
imposed, the board may require the respondent to pay the actual costs of the investigation and all proceedings not to exceed ten thousand dollars ($10,000).
(4) Three (3) years from the date of a revocation, any certificate holder or licensee whose certificate or license has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate, upon a finding that the petitioner has complied with any and all terms prescribed by the board and is able to engage in the practice of real estate appraisal within the requirements of this chapter and the administrative regulations. The board may, in its discretion, require the petitioner to successfully pass the examination required for the applicable certificate or license.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 21, sec. 4, effective June 29, 2021. — Amended
2017 Ky. Acts ch. 158, sec. 74, effective June 29, 2017. — Amended 2013 Ky. Acts ch. 46, sec. 13, effective June 25, 2013. — Amended 1998 Ky. Acts ch. 377, sec. 4, effective July 15, 1998. — Amended 1994 Ky. Acts ch. 188, sec. 1, effective July 15,
1994. – Amended 1992 Ky. Acts ch. 247, sec. 7, effective April 7, 1992. — Created
1990 Ky. Acts ch. 383, sec. 9, effective July 13, 1990.