Ala. Admin. Code r. 780-X-14-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 780-X-14-.07 - Discipline

(1) Upon a finding that respondent has violated any enumerated provision of Section 34-27A-20, or any rule established by the Board, including Code of Ethics, the Board shall impose any or all of the disciplinary penalties set forth in Code of Ala. 1975, §§ 34-27A-20(a), 34-27A-20(c), and 34-27A-5(b)(10), or as otherwise provided by law.

(2) The Board may, in its discretion, permanently or temporarily stay the execution of its order to reprimand, censure, place on probation, fine, revoke or suspend a license or certification. The stay may be conditioned on any provision the Board deems appropriate under the circumstances of any particular case.

(3) In determining whether a license or certification should be revoked or suspended, and whether execution of the order should be stayed, and upon what conditions; and whether to levy an administrative fine; or impose a public or private censure; the Board shall consider all relevant factors, including, but not limited to the following:

(a) the severity of the offense,

(b) the danger to the public,

(c) the number of repetitions of the offense,

(d) the length of time since the date of violation,

(e) the number of complaints filed against the respondent,

(f) the length of time the respondent has practiced,

(g) the actual damage to the complainant and/or the public,

(h) the deterrent effect of the penalty imposed,

(i) the effect of the penalty upon the respondent's livelihood,

(j) any efforts or rehabilitation and

(k) any other mitigating or aggravating circumstances.

(4) If a public censure is imposed, a notice will be placed in the Alabama Real Estate Appraisers Board's newsletter.

(5) Notice of Public Reprimands. Suspensions and Revocations imposed in connection with any disciplinary action may be published in a newspaper of general circulation in the county of the principal place of business of the licensee.

Author: Alabama Real Estate Appraisers Board

Ala. Admin. Code r. 780-X-14-.07

Emergency adoption filed February 15, 1991; effective February 18, 1991. Permanent adoption filed April 8, 1991; effective May 15, 1991. Amended: Filed June 18, 1992; effective July 23, 1992. Repealed and Replaced: Filed February 27, 1996; effective April 3, 1996. Amended: Filed February 23, 1998; Effective March 30, 1998. Amended: Filed May 31, 2001; effective July 5, 2001.

Statutory Authority:Code of Ala. 1975, §§ 34-27A-5, 34-27A-20.