Missouri Revised Statutes
Chapter 339
Real Estate Agents, Brokers, Appraisers and Escrow Agents
←339.531
Section 339.532.1
339.533→
August 28, 2015
Refusal to issue or renew certificate or license, procedure, hearing, grounds for refusal, penalties--revocation, when, appeal--recertification or relicensure, examination required.
339.532. 1. The commission may refuse to issue or renew any
certificate or license issued pursuant to sections 339.500 to 339.549 for
one or any combination of causes stated in subsection 2 of this section.
The commission shall notify the applicant in writing of the reasons for the
refusal and shall advise the applicant of the right to file a complaint
with the administrative hearing commission as provided by chapter 621.
2. The commission may cause a complaint to be filed with the
administrative hearing commission as provided by chapter 621 against any
state-certified real estate appraiser, state-licensed real estate
appraiser, state-licensed appraiser trainee, state-certified residential
appraiser trainee, state-certified general appraiser trainee,
state-licensed appraisal management company that is a legal entity other
than a natural person, any person who is a controlling person as defined in
this chapter, or any person who has failed to renew or has surrendered his
or her certificate or license for any one or any combination of the
following causes:
(1) Procuring or attempting to procure a certificate or license
pursuant to section 339.513 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 licensure, or
through any form of fraud or misrepresentation;
(2) Failing to meet the minimum qualifications for certification or
licensure or renewal established by sections 339.500 to 339.549;
(3) Paying money or other valuable consideration, other than as
provided for by section 339.513, to any member or employee of the
commission to procure a certificate or license pursuant to sections 339.500
to 339.549;
(4) The person has been finally adjudicated and found guilty, or
entered a plea of guilty or nolo contendere, in a criminal prosecution
under the laws of any state or the United States, for any offense
reasonably related to the qualifications, functions or duties of any
profession licensed or regulated pursuant to sections 339.500 to 339.549
for any offense of which an essential element is fraud, dishonesty or an
act of violence, or for any offense involving moral turpitude, whether or
not sentence is imposed;
(5) Incompetency, misconduct, gross negligence, dishonesty, fraud, or
misrepresentation in the performance of the functions or duties of any
profession licensed or regulated by sections 339.500 to 339.549;
(6) Violation of any of the standards for the development or
communication of real estate appraisals as provided in or pursuant to
sections 339.500 to 339.549;
(7) Failure to comply with the Uniform Standards of Professional
Appraisal Practice promulgated by the appraisal standards board of the
appraisal foundation;
(8) Failure or refusal without good cause to exercise reasonable
diligence in developing an appraisal, preparing an appraisal report, or
communicating an appraisal;
(9) Negligence or incompetence in developing an appraisal, in
preparing an appraisal report, or in communicating an appraisal;
(10) Violating, assisting or enabling any person to willfully
disregard any of the provisions of sections 339.500 to 339.549 or the
regulations of the commission for the administration and enforcement of the
provisions of sections 339.500 to 339.549;
(11) Accepting an appraisal assignment when the employment itself is
contingent upon the appraiser's reporting a predetermined analysis or
opinion or where the fee to be paid for the performance of the appraisal
assignment is contingent upon the opinion, conclusion, or valuation reached
or upon the consequences resulting from the appraisal assignment;
(12) Violating the confidential nature of governmental records to
which the person gained access through employment or engagement to perform
an appraisal assignment or specialized appraisal services for a
governmental agency;
(13) Violating any term or condition of a certificate or license
issued by the commission pursuant to the authority of sections 339.500 to
339.549;
(14) Violation of any professional trust or confidence;
(15) Obtaining or attempting to obtain any fee, charge, tuition or
other compensation by fraud, deception or misrepresentation;
(16) Assisting or enabling any person to practice or offer to
practice any profession licensed or regulated by sections 339.500 to
339.549 who is not licensed or certified and currently eligible to practice
pursuant to sections 339.500 to 339.549;
(17) Use of any advertisement or solicitation which is false,
misleading or deceptive to the general public or persons to whom the
advertisement or solicitation is primarily directed;
(18) Disciplinary action against the holder of a license, certificate
or other right to practice any profession regulated pursuant to sections
339.500 to 339.549, imposed by another state, territory, federal agency or
country upon grounds for which revocation or suspension is authorized in
this state;
(19) Making any material misstatement, misrepresentation, or omission
with regard to any application for licensure or certification, or for
license or certification renewal. As used in this section, "material"
means important information about which the commission should be informed
and which may influence a licensing decision;
(20) Engaging in or committing, or assisting any person in engaging
in or committing, any practice or act of mortgage fraud, as defined in
section 443.930;
(21) Influencing or attempting to influence the development,
reporting, or review of an appraisal through coercion, extortion,
collusion, compensation, instruction, inducement, intimidation, or bribery.
3. After the filing of such complaint, the proceedings shall be
conducted in accordance with the provisions of chapter 621. Upon a finding
by the administrative hearing commission that the grounds, provided in
subsection 2 of this section, for disciplinary action are met, the
commission may, singly or in combination, publicly censure or place the
person named in the complaint on probation on such terms and conditions as
the commission deems appropriate for a period not to exceed five years, or
may suspend, for a period not to exceed three years, or revoke, the
certificate or license. The holder of a certificate or license, or the
legal entity and any controlling person in the case of an appraisal
management company, revoked pursuant to this section may not obtain
certification as a state-certified real estate appraiser, licensure as a
state-licensed real estate appraiser, or licensure as an appraisal
management company for at least five years after the date of revocation.
4. Notwithstanding other provisions of this section, a real estate
appraiser license or certification or an appraisal management company
license shall be revoked, or in the case of an applicant, shall not be
issued, if the licensee or applicant, or any controlling person in the case
of an appraisal management company, has pleaded guilty to, entered a plea
of nolo contendere to, or been found guilty of mortgage fraud as defined in
section 570.310. The commission shall notify the individual or legal
entity of the reasons for the revocation in writing, by certified mail.
5. A person, or the legal entity or controlling person in the case of
an appraisal management company, whose license is revoked under subsection
4 of this section may appeal such revocation to the administrative hearing
commission, as provided by chapter 621, within ninety days from the time
the commission mails the notice of revocation. A person who fails to do so
waives all rights to appeal the revocation.
6. A certification of a state-certified real estate appraiser, a
license of a state-licensed real estate appraiser, or a license of an
appraisal management company that has been suspended as a result of
disciplinary action by the commission shall not be reinstated, and a
person, controlling person, or legal entity may not obtain certification as
a state-certified real estate appraiser, licensure as a state-licensed real
estate appraiser, or licensure as an appraisal management company
subsequent to revocation, unless the applicant presents evidence of
completion of the continuing education required by section 339.530 during
the period of suspension or revocation as well as fulfillment of any other
conditions imposed by the commission. Applicants for recertification,
relicensure or reinstatement also shall be required to successfully
complete the examination for original certification or licensure required
by section 339.515 as a condition to reinstatement of certification or
licensure, or recertification or relicensure subsequent to revocation.
(L. 1990 H.B. 1456 § 18, A.L. 1998 H.B. 1601, et al., A.L. 2008 H.B.
2188, A.L. 2012 H.B. 1103)
2008
1998
2008
339.532. 1. The commission may refuse to issue or renew any certificate
or license issued pursuant to sections 339.500 to 339.549 for one or any
combination of causes stated in subsection 2 of this section. The commission
shall notify the applicant in writing of the reasons for the refusal and shall
advise the applicant of the right to file a complaint with the administrative
hearing commission as provided by chapter 621.
2. The commission may cause a complaint to be filed with the
administrative hearing commission as provided by chapter 621 against any
state-certified real estate appraiser, state-licensed real estate appraiser,
or any person who has failed to renew or has surrendered his or her
certificate or license for any one or any combination of the following causes:
(1) Procuring or attempting to procure a certificate or license pursuant
to section 339.513 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 licensure, or through any form
of fraud or misrepresentation;
(2) Failing to meet the minimum qualifications for certification or
licensure or renewal established by sections 339.500 to 339.549;
(3) Paying money or other valuable consideration, other than as provided
for by section 339.513, to any member or employee of the commission to
procure a certificate or license pursuant to sections 339.500 to 339.549;
(4) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution under the laws
of any state or the United States, for any offense reasonably related to the
qualifications, functions or duties of any profession licensed or regulated
pursuant to sections 339.500 to 339.549 for any offense of which an essential
element is fraud, dishonesty or an act of violence, or for any offense
involving moral turpitude, whether or not sentence is imposed;
(5) Incompetency, misconduct, gross negligence, dishonesty, fraud, or
misrepresentation in the performance of the functions or duties of any
profession licensed or regulated by sections 339.500 to 339.549;
(6) Violation of any of the standards for the development or
communication of real estate appraisals as provided in or pursuant to
sections 339.500 to 339.549;
(7) Failure to comply with the Uniform Standards of Professional
Appraisal Practice promulgated by the appraisal standards board of the
appraisal foundation;
(8) Failure or refusal without good cause to exercise reasonable
diligence in developing an appraisal, preparing an appraisal report, or
communicating an appraisal;
(9) Negligence or incompetence in developing an appraisal, in preparing
an appraisal report, or in communicating an appraisal;
(10) Violating, assisting or enabling any person to willfully disregard
any of the provisions of sections 339.500 to 339.549 or the regulations of
the commission for the administration and enforcement of the provisions of
sections 339.500 to 339.549;
(11) Accepting an appraisal assignment when the employment itself is
contingent upon the appraiser's reporting a predetermined analysis or opinion
or where the fee to be paid for the performance of the appraisal assignment is
contingent upon the opinion, conclusion, or valuation reached or upon the
consequences resulting from the appraisal assignment;
(12) Violating the confidential nature of governmental records to which
the person gained access through employment or engagement to perform an
appraisal assignment or specialized appraisal services for a governmental
agency;
(13) Violating any term or condition of a certificate or license issued
by the commission pursuant to the authority of sections 339.500 to 339.549;
(14) Violation of any professional trust or confidence;
(15) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;
(16) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by sections 339.500 to 339.549 who is
not licensed or certified and currently eligible to practice pursuant to
sections 339.500 to 339.549;
(17) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement or
solicitation is primarily directed;
(18) Disciplinary action against the holder of a license, certificate or
other right to practice any profession regulated pursuant to sections 339.500
to 339.549, imposed by another state, territory, federal agency or country
upon grounds for which revocation or suspension is authorized in this state;
(19) Making any material misstatement, misrepresentation, or omission
with regard to any application for licensure or certification, or for license
or certification renewal. As used in this section, "material" means important
information about which the commission should be informed and which may
influence a licensing decision;
(20) Engaging in or committing, or assisting any person in engaging in or
committing, any practice or act of mortgage fraud, as defined in section
443.930.
3. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapter 621. Upon a finding by the
administrative hearing commission that the grounds, provided in subsection 2
of this section, for disciplinary action are met, the commission may, singly
or in combination, publicly censure or place the person named in the
complaint on probation on such terms and conditions as the commission deems
appropriate for a period not to exceed five years, or may suspend, for a
period not to exceed three years, or revoke, the certificate or license. The
holder of a certificate or license revoked pursuant to this section may not
obtain certification as a state-certified real estate appraiser or licensure
as a state-licensed real estate appraiser for at least five years after the
date of revocation.
4. Notwithstanding other provisions of this section, a real estate
appraiser license or certification shall be revoked, or in the case of an
applicant, shall not be issued, if the licensee or applicant has pleaded
guilty to, entered a plea of nolo contendere to, or been found guilty of
mortgage fraud as defined in section 570.310. The commission shall notify
the individual of the reasons for the revocation in writing, by certified
mail.
5. A person whose license is revoked under subsection 4 of this section
may appeal such revocation to the administrative hearing commission, as
provided by chapter 621, within ninety days from the time the commission mails
the notice of revocation. A person who fails to do so waives all rights to
appeal the revocation.
6. A certification of a state-certified real estate appraiser or a
license of a state-licensed real estate appraiser that has been suspended as
a result of disciplinary action by the commission shall not be reinstated,
and a person may not obtain certification as a state-certified real estate
appraiser or licensure as a state-licensed real estate appraiser subsequent
to revocation, unless the applicant presents evidence of completion of the
continuing education required by section 339.530 during the period of
suspension or revocation as well as fulfillment of any other conditions
imposed by the commission. Applicants for recertification, relicensure or
reinstatement also shall be required to successfully complete the examination
for original certification or licensure required by section 339.515 as a
condition to reinstatement of certification or licensure, or recertification
or relicensure subsequent to revocation.
1998
339.532. 1. The commission may refuse to issue or renew any
certificate or license issued pursuant to sections 339.500 to 339.549 for
one or any combination of causes stated in subsection 2 of this section.
The commission shall notify the applicant in writing of the reasons for the
refusal and shall advise the applicant of the right to file a complaint
with the administrative hearing commission as provided by chapter 621,
RSMo.
2. The commission may cause a complaint to be filed with the
administrative hearing commission as provided by chapter 621, RSMo, against
any state-certified real estate appraiser, state-licensed real estate
appraiser, or any person who has failed to renew or has surrendered his or
her certificate or license for any one or any combination of the following
causes:
(1) Procuring or attempting to procure a certificate or license
pursuant to section 339.513 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 licensure, or
through any form of fraud or misrepresentation;
(2) Failing to meet the minimum qualifications for certification or
licensure or renewal established by sections 339.500 to 339.549;
(3) Paying money or other valuable consideration, other than as
provided for by section 339.513, to any member or employee of the
commission to procure a certificate or license pursuant to sections 339.500
to 339.549;
(4) The person has been finally adjudicated and found guilty, or
entered a plea of guilty or nolo contendere, in a criminal prosecution
under the laws of any state or the United States, for any offense
reasonably related to the qualifications, functions or duties of any
profession licensed or regulated pursuant to sections 339.500 to 339.549
for any offense of which an essential element is fraud, dishonesty or an
act of violence, or for any offense involving moral turpitude, whether or
not sentence is imposed;
(5) Incompetency, misconduct, gross negligence, dishonesty, fraud, or
misrepresentation in the performance of the functions or duties of any
profession licensed or regulated by sections 339.500 to 339.549;
(6) Violation of any of the standards for the development or
communication of real estate appraisals as provided in or pursuant to
sections 339.500 to 339.549;
(7) Failure to comply with the Uniform Standards of Professional
Appraisal Practice promulgated by the appraisal standards board of the
appraisal foundation;
(8) Failure or refusal without good cause to exercise reasonable
diligence in developing an appraisal, preparing an appraisal report, or
communicating an appraisal;
(9) Negligence or incompetence in developing an appraisal, in
preparing an appraisal report, or in communicating an appraisal;
(10) Violating, assisting or enabling any person to willfully
disregard any of the provisions of sections 339.500 to 339.549 or the
regulations of the commission for the administration and enforcement of the
provisions of sections 339.500 to 339.549;
(11) Accepting an appraisal assignment when the employment itself is
contingent upon the appraiser's reporting a predetermined analysis or
opinion or where the fee to be paid for the performance of the appraisal
assignment is contingent upon the opinion, conclusion, or valuation reached
or upon the consequences resulting from the appraisal assignment;
(12) Violating the confidential nature of governmental records to
which the person gained access through employment or engagement to perform
an appraisal assignment or specialized appraisal services for a
governmental agency;
(13) Violating any term or condition of a certificate or license
issued by the commission pursuant to the authority of sections 339.500 to
339.549;
(14) Violation of any professional trust or confidence;
(15) Obtaining or attempting to obtain any fee, charge, tuition or
other compensation by fraud, deception or misrepresentation;
(16) Assisting or enabling any person to practice or offer to
practice any profession licensed or regulated by sections 339.500 to
339.549 who is not licensed or certified and currently eligible to practice
pursuant to sections 339.500 to 339.549;
(17) Use of any advertisement or solicitation which is false,
misleading or deceptive to the general public or persons to whom the
advertisement or solicitation is primarily directed;
(18) Disciplinary action against the holder of a license, certificate
or other right to practice any profession regulated pursuant to sections
339.500 to 339.549, imposed by another state, territory, federal agency or
country upon grounds for which revocation or suspension is authorized in
this state.
3. After the filing of such complaint, the proceedings shall be
conducted in accordance with the provisions of chapter 621, RSMo. Upon a
finding by the administrative hearing commission that the grounds, provided
in subsection 2 of this section, for disciplinary action are met, the
commission may, singly or in combination, publicly censure or place the
person named in the complaint on probation on such terms and conditions as
the commission deems appropriate for a period not to exceed five years, or
may suspend, for a period not to exceed three years, or revoke, the
certificate or license. The holder of a certificate or license revoked
pursuant to this section may not obtain certification as a state-certified
real estate appraiser or licensure as a state-licensed real estate
appraiser for at least five years after the date of revocation.
4. A certification of a state-certified real estate appraiser or a
license of a state-licensed real estate appraiser that has been suspended
as a result of disciplinary action by the commission shall not be
reinstated, and a person may not obtain certification as a state-certified
real estate appraiser or licensure as a state-licensed real estate
appraiser subsequent to revocation, unless the applicant presents evidence
of completion of the continuing education required by section 339.530
during the period of suspension or revocation as well as fulfillment of any
other conditions imposed by the commission. Applicants for
recertification, relicensure or reinstatement also shall be required to
successfully complete the examination for original certification or
licensure required by section 339.515 as a condition to reinstatement of
certification or licensure, or recertification or relicensure subsequent to
revocation.
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