Okla. Stat. tit. 59, § 59-858-723

judgment as basis - Complaints – Definitions.

A. The Real Estate Appraiser Board, after notice and

opportunity for a hearing, pursuant to Article II of the

Administrative Procedures Act, may issue an order imposing one or

more of the following penalties whenever the Board finds, by clear

and convincing evidence, that a certificate holder has violated any

Oklahoma Statutes - Title 59. Professions and Occupations Page 771

provision of the Oklahoma Certified Real Estate Appraisers Act, or

rules promulgated pursuant thereto:

1. Revocation of the certificate with or without the right to

reapply;

2. Suspension of the certificate for a period not to exceed

five (5) years;

3. Probation, for a period of time and under such terms and

conditions as deemed appropriate by the Board;

4. Stipulations, limitations, restrictions, and conditions

relating to practice;

5. Censure, including specific redress, if appropriate;

6. Reprimand, either public or private;

7. Satisfactory completion of an educational program or

programs;

8. Administrative fines as authorized by the Oklahoma Certified

Real Estate Appraisers Act; and

9. Payment of costs expended by the Board for any legal fees

and costs and probation and monitoring fees including, but not

limited to, administrative costs, witness fees and attorney fees.

B. 1. Any administrative fine imposed as a result of a

violation of the Oklahoma Certified Real Estate Appraisers Act or

the rules of the Board promulgated pursuant thereto shall not:

a. be less than Fifty Dollars ($50.00) and shall not

exceed Two Thousand Dollars ($2,000.00) for each

violation of this act or the rules of the Board, or

b. exceed Five Thousand Dollars ($5,000.00) for all

violations resulting from a single incident or

transaction.

2. All administrative fines shall be paid within thirty (30)

days of notification of the certificate holder by the Board of the

order of the Board imposing the administrative fine, unless the

certificate holder has entered into an agreement with the Board

extending the period for payment.

3. The certificate may be suspended until any fine imposed upon

the licensee by the Board is paid.

4. Unless the certificate holder has entered into an agreement

with the Board extending the period for payment, if fines are not

paid in full by the licensee within thirty (30) days of the

notification by the Board of the order, the fines shall double and

the certificate holder shall have an additional thirty-day period.

If the double fine is not paid within the additional thirty-day

period, the certificate shall automatically be revoked.

5. All monies received by the Board as a result of the

imposition of the administrative fine provided for in this section

shall be deposited in the Oklahoma Certified Real Estate Appraisers

Revolving Fund created pursuant to Section 858-730 of this title.

Oklahoma Statutes - Title 59. Professions and Occupations Page 772

C. The rights of any holder under a certificate as a trainee,

state licensed, state certified residential or state certified

general real estate appraiser may be revoked or suspended, or the

holder of the certificate may be otherwise disciplined pursuant to

the provisions of the Oklahoma Certified Real Estate Appraisers Act,

upon any of the grounds set forth in this section. The Board may

investigate the actions of a trainee, state licensed, state

certified residential or state certified general real estate

appraiser, and may revoke or suspend the rights of a certificate

holder or otherwise discipline a trainee, state licensed, state

certified residential or state certified general real estate

appraiser for any of the following acts or omissions:

1. Procuring or attempting to procure a certificate pursuant to

the provisions of the Oklahoma Certified Real Estate Appraisers Act

by knowingly making a false statement, knowingly submitting false
of a certificate

holder or otherwise discipline a trainee, state licensed, state

certified residential or state certified general real estate

appraiser for any of the following acts or omissions:

1. Procuring or attempting to procure a certificate pursuant to

the provisions of the Oklahoma Certified Real Estate Appraisers Act

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 through any form

of fraud or misrepresentation;

2. Failing to meet the minimum qualifications established

pursuant to the provisions of the Oklahoma Certified Real Estate

Appraisers Act;

3. Paying money other than provided for by the Oklahoma

Certified Real Estate Appraisers Act to any member or employee of

the Board to procure a certificate pursuant to the Oklahoma

Certified Real Estate Appraisers Act;

4. A conviction, including a conviction based upon a plea of

guilty or nolo contendere, of a felony crime that substantially

relates to the practice of real estate appraisals or poses a

reasonable threat to public safety;

5. An act or omission involving dishonesty, fraud, or

misrepresentation with the intent to substantially benefit the

certificate 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 real estate appraisals as provided in the Oklahoma

Certified Real Estate Appraisers Act;

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

the Oklahoma Certified Real Estate Appraisers Act or the regulations

of the Board for the administration and enforcement of the

provisions of the Oklahoma Certified Real Estate Appraisers Act;

10. Accepting an appraisal assignment when the employment

itself is contingent upon the appraiser reporting a predetermined

Oklahoma Statutes - Title 59. Professions and Occupations Page 773

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 gained access through employment or

engagement as an appraiser by a governmental agency;

12. Entry of a final civil judgment against the person on

grounds of deceit, fraud, or willful or knowing misrepresentation in

the making of any appraisal of real property;

13. Violating any of the provisions in the code of ethics set

forth in this title; or

14. Failing to at any time properly identify themselves

according to the specific type of certification held.

D. In a disciplinary proceeding based upon a civil judgment,

the trainee, state licensed, state certified residential or state

certified general real estate appraiser shall be afforded an

opportunity to present matters in mitigation and extenuation, but

may not collaterally attack the civil judgment.

E. 1. A complaint may be filed with the Board against a

trainee or state licensed or state certified appraiser for any

violations relating to a specific transaction of the Oklahoma

Certified Real Estate Appraisers Act by any person who is the

recipient of, relies upon or uses an appraisal prepared for a

federally related transaction or real-estate-related financial

transaction as described in Section 858-701 of this title.

2. Any person with knowledge of any circumstances surrounding

an act or omission by a trainee or state licensed or state certified

appraiser involving fraud, dishonesty or misrepresentation in any
on who is the

recipient of, relies upon or uses an appraisal prepared for a

federally related transaction or real-estate-related financial

transaction as described in Section 858-701 of this title.

2. Any person with knowledge of any circumstances surrounding

an act or omission by a trainee or state licensed or state certified

appraiser involving fraud, dishonesty or misrepresentation in any

real property valuation-related activity, not limited to federally

related transactions, may file a complaint with the Board setting

forth all facts surrounding the act or omission.

3. A complaint may be filed against a trainee or state licensed

or state certified appraiser directly by the Board, if reasonable

cause exists for violations of the code of ethics set forth in this

act.

4. Any complaint filed pursuant to this subsection shall be in

writing and shall be on a form approved by the Board, either in

paper form or filed electronically. The trainee or state licensed

or state certified appraiser shall be entitled to any hearings or

subject to any disciplinary proceedings provided for in the Oklahoma

Certified Real Estate Appraisers Act based upon any complaint filed

pursuant to this subsection.

F. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

Oklahoma Statutes - Title 59. Professions and Occupations Page 774

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.