§ 160-u. Disciplinary proceedings. 1. The rights of any holder under a
state certificate as a state certified real estate appraiser, or a
license as a state licensed real estate appraiser, may be revoked or
suspended, or the holder of the certification or license may be
otherwise disciplined in accordance with the provisions of this article,
upon any of the grounds set forth in this section. The department may
investigate the actions of a state certified or licensed real estate
appraiser, and may revoke or suspend the rights of a certificate or
license holder or otherwise discipline a state certified or licensed
real estate appraiser for any of the following acts or omissions:

a. Procuring or attempting to procure a certificate or license
pursuant to this article 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 license
or through any form of fraud or misrepresentation;

b. Failing to meet the minimum qualifications established by this
article;

c. Paying money other than provided for by this article to any member
or employee of the department to procure a certificate or license under
this article;

d. A conviction of a felony or a misdemeanor which is substantially
related to the qualifications, functions and duties of a person
developing real estate appraisals and communicating real estate
appraisals to others;

e. An act or omission involving dishonesty, fraud or misrepresentation
with the intent to substantially benefit the certificate or license
holder or another person or with the intent to substantially injure
another person;

f. Violation of any of the standards for the development or
communication of real estate appraisals as provided in this article;

g. Failure or refusal without good cause to exercise reasonable
diligence in developing an appraisal, preparing an appraisal report or
communicating an appraisal;

h. Negligence or incompetence in developing an appraisal, in preparing
an appraisal report, or in communicating an appraisal;

i. Willfully disregarding or violating any of the provisions of this
article or the regulations of the board for the administration and
enforcement of the provisions of this article;

j. Accepting an appraisal assignment as defined in section one hundred
sixty-x of this article, when the employment itself is contingent upon
the appraiser reporting a predetermined estimate, analysis or opinion,
or where the fee to be paid is contingent upon the appraiser reporting a
predetermined estimate, analysis or opinion, or where the fee to be paid
is contingent upon the opinion, conclusion or valuation reached, or upon
the consequences resulting from the appraisal assignment;

k. Violating the confidential nature of governmental records to which
he or she gained access through employment or engagement as an appraiser
by a governmental agency;

l. Entry of a final civil judgment against the person on grounds of
fraud, misrepresentation or deceit in the making of any appraisal of
real property; or

m. Violation of article fifteen of the executive law committed in his
or her capacity as a real estate appraiser.

2. In a disciplinary proceeding based upon a civil judgment, the
certified or licensed real estate appraiser shall be afforded an
opportunity to present matters in mitigation and extenuation, but may
not collaterally attack the civil judgment.

3. The provisions of subdivisions one and two of this section shall
also be applicable to licensed real estate appraiser assistants.