{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-858-723","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-858-723","heading":"Disciplinary proceedings – Penalties - Grounds - Civil","body":"judgment as basis - Complaints – Definitions.\n\nA. The Real Estate Appraiser Board, after notice and\n\nopportunity for a hearing, pursuant to Article II of the\n\nAdministrative Procedures Act, may issue an order imposing one or\n\nmore of the following penalties whenever the Board finds, by clear\n\nand convincing evidence, that a certificate holder has violated any\n\nprovision of the Oklahoma Certified Real Estate Appraisers Act, or\n\nrules promulgated pursuant thereto:\n\n1. Revocation of the certificate with or without the right to\n\nreapply;\n\n2. Suspension of the certificate for a period not to exceed\n\nfive (5) years;\n\n3. Probation, for a period of time and under such terms and\n\nconditions as deemed appropriate by the Board;\n\n4. Stipulations, limitations, restrictions, and conditions\n\nrelating to practice;\n\n5. Censure, including specific redress, if appropriate;\n\n6. Reprimand, either public or private;\n\n7. Satisfactory completion of an educational program or\n\nprograms;\n\n8. Administrative fines as authorized by the Oklahoma Certified\n\nReal Estate Appraisers Act; and\n\n9. Payment of costs expended by the Board for any legal fees\n\nand costs and probation and monitoring fees including, but not\n\nlimited to, administrative costs, witness fees and attorney fees.\n\nB. 1. Any administrative fine imposed as a result of a\n\nviolation of the Oklahoma Certified Real Estate Appraisers Act or\n\nthe rules of the Board promulgated pursuant thereto shall not:\n\na. be less than Fifty Dollars ($50.00) and shall not\n\nexceed Two Thousand Dollars ($2,000.00) for each\n\nviolation of this act or the rules of the Board, or\n\nb. exceed Five Thousand Dollars ($5,000.00) for all\n\nviolations resulting from a single incident or\n\ntransaction.\n\n2. All administrative fines shall be paid within thirty (30)\n\ndays of notification of the certificate holder by the Board of the\n\norder of the Board imposing the administrative fine, unless the\n\ncertificate holder has entered into an agreement with the Board\n\nextending the period for payment.\n\n3. The certificate may be suspended until any fine imposed upon\n\nthe licensee by the Board is paid.\n\n4. Unless the certificate holder has entered into an agreement\n\nwith the Board extending the period for payment, if fines are not\n\npaid in full by the licensee within thirty (30) days of the\n\nnotification by the Board of the order, the fines shall double and\n\nthe certificate holder shall have an additional thirty-day period.\n\nIf the double fine is not paid within the additional thirty-day\n\nperiod, the certificate shall automatically be revoked.\n\n5. All monies received by the Board as a result of the\n\nimposition of the administrative fine provided for in this section\n\nshall be deposited in the Oklahoma Certified Real Estate Appraisers\n\nRevolving Fund created pursuant to Section 858-730 of this title.\n\nC. The rights of any holder under a certificate as a trainee,\n\nstate licensed, state certified residential or state certified\n\ngeneral real estate appraiser may be revoked or suspended, or the\n\nholder of the certificate may be otherwise disciplined pursuant to\n\nthe provisions of the Oklahoma Certified Real Estate Appraisers Act,\n\nupon any of the grounds set forth in this section. The Board may\n\ninvestigate the actions of a trainee, state licensed, state\n\ncertified residential or state certified general real estate\n\nappraiser, and may revoke or suspend the rights of a certificate\n\nholder or otherwise discipline a trainee, state licensed, state\n\ncertified residential or state certified general real estate\n\nappraiser for any of the following acts or omissions:\n\n1. Procuring or attempting to procure a certificate pursuant to\n\nthe provisions of the Oklahoma Certified Real Estate Appraisers Act\n\nby knowingly making a false statement, knowingly submitting false\nof a certificate\n\nholder or otherwise discipline a trainee, state licensed, state\n\ncertified residential or state certified general real estate\n\nappraiser for any of the following acts or omissions:\n\n1. Procuring or attempting to procure a certificate pursuant to\n\nthe provisions of the Oklahoma Certified Real Estate Appraisers Act\n\nby knowingly making a false statement, knowingly submitting false\n\ninformation, refusing to provide complete information in response to\n\na question in an application for certification or through any form\n\nof fraud or misrepresentation;\n\n2. Failing to meet the minimum qualifications established\n\npursuant to the provisions of the Oklahoma Certified Real Estate\n\nAppraisers Act;\n\n3. Paying money other than provided for by the Oklahoma\n\nCertified Real Estate Appraisers Act to any member or employee of\n\nthe Board to procure a certificate pursuant to the Oklahoma\n\nCertified Real Estate Appraisers Act;\n\n4. A conviction, including a conviction based upon a plea of\n\nguilty or nolo contendere, of a felony crime that substantially\n\nrelates to the practice of real estate appraisals or poses a\n\nreasonable threat to public safety;\n\n5. An act or omission involving dishonesty, fraud, or\n\nmisrepresentation with the intent to substantially benefit the\n\ncertificate holder or another person or with the intent to\n\nsubstantially injure another person;\n\n6. Violation of any of the standards for the development or\n\ncommunication of real estate appraisals as provided in the Oklahoma\n\nCertified Real Estate Appraisers Act;\n\n7. Failure or refusal without good cause to exercise reasonable\n\ndiligence in developing an appraisal, preparing an appraisal report\n\nor communicating an appraisal;\n\n8. Negligence or incompetence in developing an appraisal, in\n\npreparing an appraisal report, or in communicating an appraisal;\n\n9. Willfully disregarding or violating any of the provisions of\n\nthe Oklahoma Certified Real Estate Appraisers Act or the regulations\n\nof the Board for the administration and enforcement of the\n\nprovisions of the Oklahoma Certified Real Estate Appraisers Act;\n\n10. Accepting an appraisal assignment when the employment\n\nitself is contingent upon the appraiser reporting a predetermined\n\nestimate, analysis or opinion, or where the fee to be paid is\n\ncontingent upon the opinion, conclusion, or valuation reached, or\n\nupon the consequences resulting from the appraisal assignment;\n\n11. Violating the confidential nature of governmental records\n\nto which the appraiser gained access through employment or\n\nengagement as an appraiser by a governmental agency;\n\n12. Entry of a final civil judgment against the person on\n\ngrounds of deceit, fraud, or willful or knowing misrepresentation in\n\nthe making of any appraisal of real property;\n\n13. Violating any of the provisions in the code of ethics set\n\nforth in this title; or\n\n14. Failing to at any time properly identify themselves\n\naccording to the specific type of certification held.\n\nD. In a disciplinary proceeding based upon a civil judgment,\n\nthe trainee, state licensed, state certified residential or state\n\ncertified general real estate appraiser shall be afforded an\n\nopportunity to present matters in mitigation and extenuation, but\n\nmay not collaterally attack the civil judgment.\n\nE. 1. A complaint may be filed with the Board against a\n\ntrainee or state licensed or state certified appraiser for any\n\nviolations relating to a specific transaction of the Oklahoma\n\nCertified Real Estate Appraisers Act by any person who is the\n\nrecipient of, relies upon or uses an appraisal prepared for a\n\nfederally related transaction or real-estate-related financial\n\ntransaction as described in Section 858-701 of this title.\n\n2. Any person with knowledge of any circumstances surrounding\n\nan act or omission by a trainee or state licensed or state certified\n\nappraiser involving fraud, dishonesty or misrepresentation in any\non who is the\n\nrecipient of, relies upon or uses an appraisal prepared for a\n\nfederally related transaction or real-estate-related financial\n\ntransaction as described in Section 858-701 of this title.\n\n2. Any person with knowledge of any circumstances surrounding\n\nan act or omission by a trainee or state licensed or state certified\n\nappraiser involving fraud, dishonesty or misrepresentation in any\n\nreal property valuation-related activity, not limited to federally\n\nrelated transactions, may file a complaint with the Board setting\n\nforth all facts surrounding the act or omission.\n\n3. A complaint may be filed against a trainee or state licensed\n\nor state certified appraiser directly by the Board, if reasonable\n\ncause exists for violations of the code of ethics set forth in this\n\nact.\n\n4. Any complaint filed pursuant to this subsection shall be in\n\nwriting and shall be on a form approved by the Board, either in\n\npaper form or filed electronically. The trainee or state licensed\n\nor state certified appraiser shall be entitled to any hearings or\n\nsubject to any disciplinary proceedings provided for in the Oklahoma\n\nCertified Real Estate Appraisers Act based upon any complaint filed\n\npursuant to this subsection.\n\nF. As used in this section:\n\n1. \"Substantially relates\" means the nature of criminal conduct\n\nfor which the person was convicted has a direct bearing on the\n\nfitness or ability to perform one or more of the duties or\n\nresponsibilities necessarily related to the occupation; and\n\n2. \"Poses a reasonable threat\" means the nature of criminal\n\nconduct for which the person was convicted involved an act or threat\n\nof harm against another and has a bearing on the fitness or ability\n\nto serve the public or work with others in the occupation.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e2e99fedcc85d8d95357ff6603e5655b5cf8e19d3f688959b597387b546eef48","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-858-722","next":"us-ok/okla.-stat.-tit.-59-59-858-724"},"notice":"GroundRules: Original legal text. Not legal advice."}