Oklahoma 2024 Regular Session

Oklahoma House Bill HB4107 Compare Versions

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2		-	~~HB4107 HFLR Page 1~~
3		-	~~BOLD FACE denotes Committee Amendments.~~ 1
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	3	+	Req. No. 10257 Page 1 1
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28		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
29		-
30	28		STATE OF OKLAHOMA
31	29
32	30		2nd Session of the 59th Legislature (2024)
33	31
34	32		COMMITTEE SUBSTITUTE
35	33		FOR
36		-	HOUSE BILL NO. 4107 By: Grego of the House
37		-
38		-	and
39		-
40		-	Green of the Senate
	34	+	HOUSE BILL NO. 4107 By: Grego
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46	40		COMMITTEE SUBSTITUTE
47	41
48	42		An Act relating to professions and occupations;
49	43		amending 59 O.S. 2021, Section 858 -723, which relates
50	44		to the Oklahoma Certified Real Estate Appraisers Act ;
51	45		mandating forfeiture of fine for frivolous
52	46		complaints; proscribing use of forfeited fines; and
53	47		providing an effective date .
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58	52		BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
59	53		SECTION 1. AMENDATORY 59 O.S. 2021, Section 858 -723, is
60	54		amended to read as follows:
61	55		Section 858-723. A. The Real Estate Appraiser Board, after
62	56		notice and opportunity for a hearing, pursuant to Article II of the
63	57		Administrative Procedures Act, may issue an order imposing one or
64	58		more of the following penalties whenever the Board finds, by clear
65	59		and convincing evidence, that a certificate holder has violated any
66		-	HB4107 HFLR Page 2
67		-	BOLD FACE denotes Committee Amendments. 1
	60	+	provision of the Oklahoma Certified Real Estate Appraise rs Act, or
	61	+	rules promulgated pursuant thereto:
	62	+	1. Revocation of the certificate with or without the right to
	63	+	reapply;
	64	+
	65	+	Req. No. 10257 Page 2 1
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92		-	provision of the Oklahoma Certified Real Estate Appraise rs Act, or
93		-	rules promulgated pursuant thereto:
94		-	1. Revocation of the certificate with or without the right to
95		-	reapply;
96	90		2. Suspension of the certificate for a period not to exceed
97	91		five (5) years;
98	92		3. Probation, for a period of time and under such terms and
99	93		conditions as deemed appropriate by the Board;
100	94		4. Stipulations, limitations, restrictions, and conditions
101	95		relating to practice;
102	96		5. Censure, including specific redress, if appropriate;
103	97		6. Reprimand, either public or private;
104	98		7. Satisfactory completion of an educational program or
105	99		programs;
106	100		8. Administrative fines as authorized by the Oklahoma Certified
107	101		Real Estate Appraisers Act; and
108	102		9. Payment of costs expended by the Board for any legal fees
109	103		and costs and probation and monitoring fees including, but not
110	104		limited to, administrative costs, witness fees and attorney fees.
111	105		B. 1. Any administrative fine imposed as a result of a
112	106		violation of the Oklahoma Certified Real Estate Appraisers Act or
113	107		the rules of the Board promulgated pursuant thereto shall not:
114		-	HB4107 HFLR Page 3
115		-	BOLD FACE denotes Committee Amendments. 1
	108	+	a. be less than Fifty Dollars ($50.00) and shall not
	109	+	exceed Two Thousand Dollars ($2,000.00) for each
	110	+	violation of this act or the rules of the Board, or
	111	+	b. exceed Five Thousand Dollars ($5,000.00) for all
	112	+	violations resulting from a single incident or
	113	+	transaction.
	114	+
	115	+	Req. No. 10257 Page 3 1
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140		-	a. be less than Fifty Dollars ($50.00) and shall not
141		-	exceed Two Thousand Dollars ($2,000.00) for each
142		-	violation of this act or the rules of the Board, or
143		-	b. exceed Five Thousand Dollars ($5,000.00) for all
144		-	violations resulting from a single incident or
145		-	transaction.
146	140		2. All administrative fines shall be paid within thirty (30)
147	141		days of notification of the certificate holder by the Board of th e
148	142		order of the Board imposing the administrative fine, unless the
149	143		certificate holder has entered into an agreement wit h the Board
150	144		extending the period for payment.
151	145		3. The certificate may be suspended until any fine imposed upon
152	146		the licensee by the Board i s paid.
153	147		4. Unless the certificate holder has entered into an agreement
154	148		with the Board extending the period for paymen t, if fines are not
155	149		paid in full by the licensee within thirty (30) days of the
156	150		notification by the Board of the order, the fines shall do uble and
157	151		the certificate holder shall have an additional thir ty-day period.
158	152		If the double fine is not paid within the additional thirty-day
159	153		period, the certificate shall automatically be revoked.
160	154		5. All monies received by the Board as a result of the
161	155		imposition of the administrative fine provided for in this secti on
162	156		shall be deposited in the Oklahoma Certified Real Esta te Appraisers
163	157		Revolving Fund created pursuant to Section 858 -730 of this title.
164		-	HB4107 HFLR Page 4
165		-	BOLD FACE denotes Committee Amendments. 1
	158	+	C. The rights of any holder under a certificate as a trai nee,
	159	+	state licensed, state certified residential or state cer tified
	160	+	general real estate appraiser may be revoked or su spended, or the
	161	+	holder of the certificate may be otherwise disciplined pursuant to
	162	+	the provisions of the Oklahoma Certified Real Estate Ap praisers Act,
	163	+	upon any of the grounds set forth in this secti on. The Board may
	164	+
	165	+	Req. No. 10257 Page 4 1
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190		-	C. The rights of any holder under a certificate as a trainee,
191		-	state licensed, state certified residential or state ce rtified
192		-	general real estate appraiser may be revoked or su spended, or the
193		-	holder of the certificate may be otherwise disciplined pursuant to
194		-	the provisions of the Oklahoma Certified Real Estate Appraiser s Act,
195		-	upon any of the grounds set forth in this sect ion. The Board may
196	190		investigate the actions of a trainee, state licensed, state
197	191		certified residential or state certified general real estate
198	192		appraiser, and may revoke or suspend the rights of a ce rtificate
199	193		holder or otherwise discipline a trainee, state lic ensed, state
200	194		certified residential or state certified gen eral real estate
201	195		appraiser for any of the following acts or omissions:
202	196		1. Procuring or attempting to procure a certificate pursuant to
203	197		the provisions of the Oklahoma Certified Real Estate Appraisers Act
204	198		by knowingly making a false statement, knowingly sub mitting false
205	199		information, refusing to provide complete information in response to
206	200		a question in an application for certification or throu gh any form
207	201		of fraud or misrepresentation;
208	202		2. Failing to meet the minimum qualifications established
209	203		pursuant to the provisions of the Oklahoma Certified Real Estate
210	204		Appraisers Act;
211	205		3. Paying money other than provided for by the Oklahoma
212	206		Certified Real Estate Appraisers Act to any member or employee of
213		-	HB4107 HFLR Page 5
214		-	BOLD FACE denotes Committee Amendments. 1
	207	+	the Board to procure a certificate pursuant to the Oklahoma
	208	+	Certified Real Estate Appraisers Act;
	209	+	4. A conviction, including a conviction based upon a plea of
	210	+	guilty or nolo contendere, of a felony crime t hat substantially
	211	+	relates to the practice of real estate appr aisals or poses a
	212	+	reasonable threat to public safety;
	213	+
	214	+	Req. No. 10257 Page 5 1
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239		-	the Board to procure a certificate pursuant to the Oklahoma
240		-	Certified Real Estate Appraisers Act;
241		-	4. A conviction, including a conviction based upon a plea of
242		-	guilty or nolo contendere, of a felony crime that sub stantially
243		-	relates to the practice of real estate app raisals or poses a
244		-	reasonable threat to public safety;
245	239		5. An act or omission involving dishonesty, fraud, or
246	240		misrepresentation with the intent to substantially benefit the
247	241		certificate holder or a nother person or with the intent to
248	242		substantially injure anot her person;
249	243		6. Violation of any of the standards for the development or
250	244		communication of real estate appraisals as provided in the Oklahoma
251	245		Certified Real Estate Appraisers Act;
252	246		7. Failure or refusal without good cause to exercise reasonable
253	247		diligence in developing an appraisal, preparing an appraisal report
254	248		or communicating an appraisal;
255	249		8. Negligence or incompetence in developing an appraisal, in
256	250		preparing an appraisal report, or in communica ting an appraisal;
257	251		9. Willfully disregarding or violating an y of the provisions of
258	252		the Oklahoma Certified Real Estate Appraisers Act or the regulations
259	253		of the Board for the administration and enforcement of the
260	254		provisions of the Oklahoma Certified Real Es tate Appraisers Act;
261	255		10. Accepting an appraisal assignment w hen the employment
262	256		itself is contingent upon the appraise r reporting a predetermined
263		-	HB4107 HFLR Page 6
264		-	BOLD FACE denotes Committee Amendments. 1
	257	+	estimate, analysis or opinion, or where the fee to be paid is
	258	+	contingent upon the opinion, conclusion, or valu ation reached, or
	259	+	upon the consequences resulting from the ap praisal assignment;
	260	+	11. Violating the confidential natur e of governmental records
	261	+	to which the appraiser gained access through employment or
	262	+	engagement as an appraiser by a governmental agency;
	263	+
	264	+	Req. No. 10257 Page 6 1
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289		-	estimate, analysis or opinion, or where the fee to be paid is
290		-	contingent upon the opinion, conclusion, or valuation r eached, or
291		-	upon the consequences resulting from the a ppraisal assignment;
292		-	11. Violating the confidential natur e of governmental records
293		-	to which the appraiser gained access through employment or
294		-	engagement as an appraiser by a governmental agency;
295	289		12. Entry of a final civil judgment against the person on
296	290		grounds of deceit, fraud, or willful or knowing misrepresen tation in
297	291		the making of any appraisal of real property;
298	292		13. Violating any of the provisions in the code of ethics set
299	293		forth in this act; or
300	294		14. Failing to at any time properly identify themselves
301	295		according to the specific type of certification held.
302	296		D. In a disciplinary proceeding based upon a civil judgment,
303	297		the trainee, state licensed, state certified residential or state
304	298		certified general real estate appraiser shall be afforded an
305	299		opportunity to present matters in mitigation and extenuation, but
306	300		may not collaterally attack the civil judgment.
307	301		E. 1. A complaint may be filed with the Board against a
308	302		trainee or state licensed or state ce rtified appraiser for any
309	303		violations relating to a specific t ransaction of the Oklahoma
310	304		Certified Real Estate Appraise rs Act by any person who is the
311	305		recipient of, relies upon or uses an appraisal prepared for a
312		-	HB4107 HFLR Page 7
313		-	BOLD FACE denotes Committee Amendments. 1
	306	+	federally related transaction or real -estate-related financial
	307	+	transaction as described in Section 858 -701 of this title.
	308	+	2. Any person with knowledge of any cir cumstances surrounding
	309	+	an act or omission by a trainee or state licensed or state certified
	310	+	appraiser involving fraud, dishonesty or misre presentation in any
	311	+	real property valuation -related activity, not limited to federally
	312	+
	313	+	Req. No. 10257 Page 7 1
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338		-	federally related transaction or real -estate-related financial
339		-	transaction as described in Section 858 -701 of this title.
340		-	2. Any person with knowledge of any cir cumstances surrounding
341		-	an act or omission by a trainee or state licensed or state certified
342		-	appraiser involving fraud, dishonesty or misrepresent ation in any
343		-	real property valuation -related activity, not limited to federally
344	338		related transactions, may file a complaint with the Board setting
345	339		forth all facts surrounding the act or omission.
346	340		3. A complaint may be filed against a trainee or stat e licensed
347	341		or state certified appraiser directly by the Board , if reasonable
348	342		cause exists for violations of the code o f ethics set forth in this
349	343		act.
350	344		4. Any complaint filed pursuant to this subsection shall be in
351	345		writing and signed by the person filing sa me and shall be on a form
352	346		approved by the Board. The trainee or state licensed or state
353	347		certified appraiser shall be entitled to any hearings or subject to
354	348		any disciplinary proceedings provided for in the Oklahoma Certified
355	349		Real Estate Appraisers Act base d upon any complaint filed pursuant
356	350		to this subsection.
357	351		5. If, after hearing evidence on a complaint against a trainee,
358	352		state licensed appraiser, or state certified appraiser pursuant to
359	353		this subsection, the Board finds the complaint to be frivolous, the
360	354		Board has the authority to lev y a fine of no more tha n Five Hundred
361		-	HB4107 HFLR Page 8
362		-	BOLD FACE denotes Committee Amendments. 1
	355	+	Dollars ($500.00). Any forfeited fines shall be transferred to the
	356	+	Oklahoma Real Estate Appraiser Board and used for training purpose s.
	357	+	F. As used in this section:
	358	+	1. "Substantially relates" means the nature of criminal conduct
	359	+	for which the person was convicted h as a direct bearing on the
	360	+	fitness or ability to perform one or more of the duties or
	361	+	responsibilities necessarily related to the occupation; and
	362	+
	363	+	Req. No. 10257 Page 8 1
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387		-	Dollars ($500.00). Any forfeited fines shall be transferred to the
388		-	Oklahoma Real Estate Appraiser Board and used for training purpose s.
389		-	F. As used in this section:
390		-	1. "Substantially relates " means the nature of criminal conduct
391		-	for which the person was convicted has a direct bearing on the
392		-	fitness or ability to perform one or more of the duties or
393		-	responsibilities necessarily related to the occupation; and
394	388		2. "Poses a reasonable threat " means the nature of criminal
395	389		conduct for which the person was convicted involv ed an act or threat
396	390		of harm against another and h as a bearing on the fitness or ability
397	391		to serve the public or work with others in the occupation.
398	392		SECTION 2. This act shall become effective November 1, 2024.
399	393
400		-	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
401		-	02/21/2024 - DO PASS, As Amended and Coauthored.
	394	+	59-2-10257 SW 02/21/24
	395	+
	396	+