§ 17-14-410 - Disciplinary authority, enforcement, and hearings.
17-14-410. Disciplinary authority, enforcement, and hearings.
(a) The Arkansas Appraiser Licensing and Certification Board may deny, suspend, revoke, or refuse to issue or renew the registration of an appraisal management company under this subchapter or may restrict or limit the activities of an appraisal management company or a person who owns an interest in or participates in the business of an appraisal management company if the board finds that any of the following circumstances apply to the applicant, a registrant, or a partner, member, manager, officer, director, managing principal, controlling person, or a person occupying a similar status or performing similar functions, or a person directly or indirectly controlling the applicant or registrant:
(1) The person's application for registration when filed or after filing contained a statement that in light of the circumstances under which it was made is false or misleading with respect to a material fact;
(2) The person has violated or failed to comply with this subchapter;
(3) The person has pleaded guilty or nolo contendere to or been found guilty of:
(A) A felony; or
(B) Within the past ten (10) years:
(i) A misdemeanor involving mortgage lending or real estate appraising; or
(ii) An offense involving breach of trust, moral turpitude, or fraudulent or dishonest dealing;
(4) The person is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving appraisal management services or operating an appraisal management company;
(5) The person is the subject of an order of the board or any other state appraisal management company regulatory agency denying, suspending, or revoking the person's privilege to operate as an appraisal management company;
(6) The person acted as an appraisal management company while not properly licensed by the board; or
(7) The person failed to pay the proper filing or renewal fee under this subchapter.
(b) Upon its own motion or the written complaint of a person and after notice and hearing as prescribed by the Arkansas Administrative Procedure Act, 25-15-201 et seq., the board may:
(1) Suspend or revoke the registration of a registrant;
(2) Impose a fine not to exceed one thousand dollars ($1,000) per violation; or
(3) Take other appropriate disciplinary actions as established by rule of the board.
(c) (1) Before imposing a penalty on a registrant, the board shall:
(A) Notify the registrant in writing of any charges made at least twenty (20) days before the date set for the hearing; and
(B) Afford the registrant an opportunity to be heard in person or by counsel.
(2) The board may make findings of fact and shall deliver or mail the findings to the registrant charged with an offense under this subchapter.