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The 191st General Court of the Commonwealth of Massachusetts

Section 189: Acts or omissions warranting suspension or revocation of rights of applicants or certified or licensed real estate appraisers

Section 189. The rights of any applicant or holder under a certificate or license as a state-certified or state-licensed real estate appraiser may be revoked or suspended, or the holder of the certificate or license may be otherwise disciplined in accordance with the provisions of this chapter, upon any of the grounds set forth in this section. The board shall upon a written sworn complaint or may upon its own motion investigate the actions of a state-certified or state-licensed real estate appraiser, and may suspend or revoke the rights or otherwise discipline a state-certified or state-licensed real estate appraiser for any of the following acts or omissions:

(1) procuring or attempting to procure a certificate or license by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for certification or licensing or through any form of fraud or misrepresentation;

(2) failing to meet the minimum qualifications established herein;

(3) paying money or other consideration other than provided for by this chapter to any member or employee of the board to procure a certificate or license;

(4) a conviction, including a conviction based upon a plea of guilty or nolo contendere, of a crime which is substantially related to the qualifications, functions, and duties of a person developing appraisals and communicating appraisals to others, or convicted of any felony;

(5) an act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the certificate or license holder or another person or with the intent to substantially injure another person;

(6) violation of any of the standards for the development or communication of appraisals;

(7) failure, or refusal without good cause, to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;

(8) negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;

(9) willfully disregarding or violating any of the provisions of this chapter, or the regulations of the board;

(10) accepting an appraisal assignment when such assignment 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 consequences resulting from the appraisal assignment;

(11) violating the confidential nature of governmental records to which the appraiser gains access through employment or engagement as an appraiser by a governmental agency; or

(12) entry of a final civil judgment against such appraiser on grounds of fraud, misrepresentation or deceit in the making of any appraisal.