_______________________________________________
SENATE
BILL 6642
_______________________________________________
Passed
Legislature - 2000 Regular Session
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 01/21/2000.
Referred to Committee on Commerce, Trade, Housing & Financial Institutions.
Preventing
a registered sex offender from holding a real estate appraiser license or
certificate.
AN
ACT Relating to grounds for disciplinary action against a licensed or certified
real estate appraiser; and amending RCW 18.140.160.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.140.160 and 1996 c 182 s 9 are each amended to read as follows:
The
director may deny an application for licensure or certification and may impose
any one or more of the following sanctions against a state-licensed or
state-certified appraiser: Suspend, revoke, or levy a fine not to exceed one
thousand dollars for each offense and/or otherwise discipline in accordance
with the provisions of this chapter, for any of the following acts or
omissions:
(1)
Failing to meet the minimum qualifications for state licensure or certification
established by or pursuant to this chapter;
(2)
Procuring or attempting to procure state licensure or certification under this
chapter by knowingly making a false statement, knowingly submitting false
information, or knowingly making a material misrepresentation on any
application filed with the director;
(3)
Paying money other than the fees provided for by this chapter to any employee
of the director or the committee to procure state licensure or certification
under this chapter;
(4)
Obtaining a license or certification through the mistake or inadvertence of the
director;
(5)
Conviction of any gross misdemeanor or felony or the commission of any act
involving moral turpitude, dishonesty, or corruption whether or not the act
constitutes a crime. If the act constitutes a crime, conviction in a criminal
proceeding is not a condition precedent to disciplinary action. Upon such a
conviction, however, the judgment and sentence is conclusive evidence at the
ensuing disciplinary hearing of the guilt of the license or certificate holder
or applicant of the crime described in the indictment or information, and of
the person's violation of the statute on which it is based. For the purposes
of this section, conviction includes all instances in which a plea of guilty or
nolo contendere is the basis for the conviction and all proceedings in which
the sentence has been deferred or suspended. Nothing in this section abrogates
rights guaranteed under chapter 9.96A RCW. However, RCW 9.96A.020 does not
apply to a person who is required to register as a sex offender under RCW
9A.44.130;
(6)
Failure or refusal without good cause to exercise reasonable diligence in
developing an appraisal, preparing an appraisal report, or communicating an
appraisal;
(7)
Negligence or incompetence in developing an appraisal, preparing an appraisal
report, or communicating an appraisal;
(8)
Continuing to act as a state-licensed or state-certified real estate appraiser
when his or her license or certificate is on an expired status;
(9)
Failing, upon demand, to disclose any information within his or her knowledge
to, or to produce any document, book, or record in his or her possession for
inspection of the director or the director's authorized representatives acting
by authority of law;
(10)
Violating any provision of this chapter or any lawful rule ((or regulation))
made by the director pursuant thereto;
(11)
Advertising in a false, fraudulent, or misleading manner;
(12)
Suspension, revocation, or restriction of the individual's license or
certification to practice the profession by competent authority in any state,
federal, or foreign jurisdiction, with a certified copy of the order,
stipulation, or agreement being conclusive evidence of the revocation,
suspension, or restriction;
(13)
Failing to comply with an order issued by the director;
(14)
Committing any act of fraudulent or dishonest dealing or a crime involving
moral turpitude, with a certified copy of the final holding of any court of
competent jurisdiction in such matter being conclusive evidence in any hearing
under this chapter; and
(15) Issuing an appraisal report on any real property in which the
appraiser has an interest unless his or her interest is clearly stated in the
appraisal report.
