CO Code § 12-10-613 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 10 - Real Estate|Part 6 - Real Estate Appraisers|§ 12-10-613. Prohibited Activities - Grounds for Disciplinary Actions - Procedures

  A real estate appraiser is in violation of this part 6 if the appraiser:   Has been convicted of a felony or has had accepted by a court a plea of guilty or nolo contendere to a felony if the felony is related to the ability to act as a real property appraiser. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, the board shall be governed by the provisions of section 24-5-101.    Has violated, or attempted to violate, directly or indirectly, or assisted in or abetted the violation of, or conspired to violate this part 6, a rule promulgated pursuant to this part 6, or an order of the board issued pursuant to this part 6;    Has accepted any fees, compensation, or other valuable consideration to influence the outcome of an appraisal;    Has used advertising that is misleading, deceptive, or false;    Has used fraud or misrepresentation in obtaining a license or certificate under this part 6;    Has conducted an appraisal in a fraudulent manner or used misrepresentation in any such activity;    Has acted or failed to act in a manner that does not meet the generally accepted standards of professional appraisal practice as adopted by the board by rule. A certified copy of a malpractice judgment of a court of competent jurisdiction is conclusive evidence of the act or omission, but evidence of the act or omission is not limited to a malpractice judgment.    Has performed appraisal services beyond his or her level of competency;    Has been subject to an adverse or disciplinary action in another state, territory, or country relating to a license, certificate, or other authorization to practice as an appraiser. A disciplinary action relating to a license or certificate as an appraiser licensed or certified under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons is prima facie evidence of grounds for disciplinary action or denial of licensure or certification by the board. This subsection (1)(i) applies only to violations based upon acts or omissions in the other state, territory, or country that are also violations of this part 6.    Has failed to disclose in the appraisal report the fee paid to the appraiser for a residential real property appraisal if the appraiser was engaged by an appraisal management company to complete the assignment; or    Has engaged in conduct that would be grounds for the denial of a license or certification under section 12-10-612.       If an applicant, a licensee, or a certified person has violated any provision of this section, the board may deny or refuse to renew the license or certificate, or, as specified in subsections (3) and (6) of this section, revoke or suspend the license or certificate, issue a letter of admonition to a licensee or certified person, place a licensee or certified person on probation, or impose public censure.    When a complaint or an investigation discloses an instance of misconduct by a licensed or certified appraiser that, in the opinion of the board, does not warrant formal action by the board but should not be dismissed as being without merit, the board may send a letter of admonition by certified mail to the appraiser against whom a complaint was made. The letter shall advise the appraiser of the right to make a written request, within twenty days after receipt of the letter of admonition, to the board to begin formal disciplinary proceedings as provided in this section to adjudicate the conduct or acts on which the letter was based.    The board may start a proceeding for discipline of a licensee or certified person when the board has reasonable grounds to believe that a licensee or certified person has committed any act or failed to act pursuant to the grounds established in subsection (1) of this section or when a request for a hearing is timely made under subsection (3) of this section.    Disciplinary proceedings shall be conducted in the manner prescribed by the “State Administrative Procedure Act”, article 4 of title 24.    As authorized in subsection (2) of this section, disciplinary actions by the board may consist of the following:   Revocation of a license or certificate. (I) Revocation of a license or certificate by the board means that the licensed or certified person shall surrender his or her license or certificate immediately to the board.    Suspension of a license or certificate. Suspension of a license or certificate by the board is for a period to be determined by the board.    Probationary status. The board may impose probationary status on a licensee or certified person. If the board places a licensee or certified person on probation, the board may include conditions for continued practice that the board deems appropriate to assure that the licensee or certified person is otherwise qualified to practice in accordance with generally accepted professional standards of professional appraisal practice, as specified in board rules, including any or all of the following:   A requirement that the licensee or certified person take courses of training or education as needed to correct deficiencies found in the hearing;    A review or supervision of his or her practice as may be necessary to determine the quality of the practice and to correct deficiencies in the practice; and    The imposition of restrictions upon the nature of his or her appraisal practice to assure that he or she does not practice beyond the limits of his or her capabilities.       Public censure. If, after notice and hearing, the director or the director's designee determines that the licensee or certified person has committed any of the acts specified in this section, the board may impose public censure.       In addition to any other discipline imposed pursuant to this section, any person who violates this part 6 or the rules promulgated pursuant to this article 10 may be penalized by the board upon a finding of a violation pursuant to article 4 of title 24 as follows:   In the first administrative proceeding against a person, a fine of not less than three hundred dollars but not more than five hundred dollars per violation;    In any subsequent administrative proceeding against a person for transactions occurring after a final agency action determining that a violation of this part 6 has occurred, a fine of not less than one thousand dollars but not more than two thousand dollars.       A person participating in good faith in making a complaint or report or participating in an investigative or administrative proceeding before the board pursuant to this article 10 is immune from any liability, civil or criminal, that otherwise might result by reason of the action.    A licensee or certified person who has direct knowledge that a person has violated this part 6 shall report his or her knowledge to the board.    The board, on its own motion or upon application at any time after the imposition of discipline as provided in this section, may reconsider its prior action and reinstate or restore a license or certificate, terminate probation, or reduce the severity of its prior disciplinary action. The decision of whether to take any further action or hold a hearing with respect to a prior disciplinary action rests in the sole discretion of the board.     History. Source: L. 2019: Entire title R&RE with relocations,(HB 19-1172), ch. 136, p. 676, § 1, effective October 1.    Editor's note:   This section is similar to former § 12-61-713 as it existed prior to 2019.   ANNOTATION   Prohibition of disclosure of records during an investigation set forth in subsection (7) does not expressly make such records subject to disclosure when the investigation is complete. Only by negative implication would subsection (7) imply a disclosure requirement, and any disclosure is expressly subject to the disclosure provision of the Colorado Open Records Act. Land Owners United, LLC v. Waters, 293 P.3d 86 (Colo. App. 2011) (decided under former law).