§ 59-858-828. Violation of act or rules.

A.  The conduct of administrative proceedings shall be in accordance with the Administrative Procedures Act and the Oklahoma Certified Real Estate Appraisers Act and the rules promulgated thereunder for violations of the Oklahoma Appraisal Management Company Regulation Act shall be vested in the Oklahoma Real Estate Appraiser Board, such that the 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 registrant has violated any provision of the Oklahoma Appraisal Management Company Regulation Act or rules promulgated thereunder:

1.  Revocation of the registration with or without the right to reapply;

2.  Suspension of the registrant for a period not to exceed five (5) years;

3.  Stipulations, limitations, restrictions and conditions relating to conduct of the registrant’s appraisal management services practice;

4.  Censure, including specific redress, if appropriate;

5.  Reprimand;

6.  Administrative fines not to exceed Five Thousand Dollars ($5,000.00) per violation; and

7.  Payment of costs expended by the Board for any legal fees and costs and monitoring fees, including but not limited to administrative costs, witness fees and attorney fees.

B.  Payment of fines and costs shall be in accordance with the following:

1.  All administrative fines and costs shall be paid within thirty (30) days of notifying the registrant’s controlling person or the registrant’s agent for service of process in this state of the order of the Board imposing the administrative fine, unless the registrant has entered into an agreement with the Board extending the period for payment;

2.  The registration may be suspended until any fine imposed upon the registrant by the Board is paid;

3.  Unless the registrant has entered into an agreement with the Board extending the period for payment, if fines and costs are not paid in full by the registrant within thirty (30) days of the notification of the order, the fines and costs shall double and the registrant shall have an additional thirty-day period.  If the double fine and costs are not paid within the additional thirty-day period, the registration shall automatically be revoked; and

4.  All monies received by the Board as a result of the imposition of the administrative fines and costs provided for in this section shall be deposited in the Oklahoma Certified Real Estate Appraisers Revolving Fund created pursuant to Section 858-730 of Title 59 of the Oklahoma Statutes.

C.  Complaint filing procedures shall be in accordance with the following:

1.  Any complaint filed under the Oklahoma Appraisal Management Company Regulation Act or the rules promulgated thereunder shall be in writing and signed by the person filing same and shall be on a form prescribed by the Board.  A complaint may be filed against a registrant directly by the Board, if reasonable cause exists to believe there have been violation(s) of the Oklahoma Appraisal Management Company Regulation Act or rules; and

2.  The registrant shall be entitled to any hearings or subject to any disciplinary proceedings provided for in the Oklahoma Appraisal Management Company Regulation Act or the rules promulgated thereunder based upon any complaint filed pursuant to this section.

D.  Written notice of charges shall be provided as follows:

1.  Before taking any administrative action against any registration, the Real Estate Appraiser Board shall notify the registrant in writing of any charges made at least thirty (30) days prior to the date set for hearing and shall afford the registrant an opportunity to be heard in person or by counsel; and

2.  The written notice may be served personally or sent by registered or certified mail to the last-known address of either the registrant’s controlling person or the registrant’s service agent in this state.

Added by Laws 2010, c. 364, § 28, eff. Jan. 1, 2011.