N.M. Admin. Code § 16.62.13.14

Current through Register Vol. 35, No. 20, October 22, 2024

Section 16.62.13.14 - REFUSAL, SUSPENSION OR REVOCATION

A. Disciplinary proceedings may be instituted by the sworn complaint of any person, including members of the board, filed with the board.

B. In accordance with the procedures contained in the Uniform Licensing Act, the board may deny, revoke or suspend any trainee, license or certificate held or applied for upon finding, after a hearing, that the trainee appraiser, licensee, certificate holder or applicant has violated any provision of the Real Estate Appraisers Act (Section 61-30-1 et seq., NMSA 1978) or regulations or continually or repeatedly or persistently or willfully violated any of the prohibitions found hereinafter:

(1) obtaining or attempting to obtain any fee through fraud, misrepresentation, or other dishonesty;

(2) impersonating another person trainee, licensed or certified to practice real estate appraisal or permitting or allowing any person to use his/her registration, license or certificate;

(3) aiding or abetting the practice of real estate appraisal by a person not a trainee, licensed or certified by the board;

(4) the suspension or revocation by another state of a trainee registration, license or certificate to practice real estate appraisal based upon acts by the trainee appraiser, certificate holder or licensee similar to acts described in the section;

(5) the solicitation of any person either by a trainee appraiser, licensee or certificate holder or by one in his/her employ or under his/her control under circumstances suggesting that the appraiser or other person was taking advantage of the person being solicited from making a rational independent decision as to whether or not to obtain the services of an appraiser, or any particular appraiser;

(6) falsifying of real estate appraisal records, whether or not for personal gain;

(7) practicing beyond the scope of the trainee, license or certificate as defined by state law and/or regulations;

(8) advertising in any manner that violates the board's regulation on advertising, as provided in 16.62.16 NMAC; or

(9) making false statements in any application for trainee, licensure or certification.

C. Constitutional due process principles require a board to conduct an administrative hearing at the timely request of a respondent who has been served with an NCA. The respondent is entitled to:

(1) a statement of the charge(s);

(2) notice of the time and place of the hearing;

(3) a hearing before an impartial decision maker;

(4) the right to cross-examine witnesses who testify against him/her;

(5) the right to present his or her own witnesses, and

(6) the right to be represented by an attorney or a licensed member of the profession or both.

N.M. Admin. Code § 16.62.13.14

10/1/97; 16.62.13.14 NMAC - Rn & A, 16 NMAC 62.13.14, 9/13/2004; A, 11/25/06, Amended by New Mexico Register, Volume XXV, Issue 23, December 15, 2014, eff. 1/1/2015, Amended by New Mexico Register, Volume XXXII, Issue 19, October 13, 2021, eff. 10/30/2021