17-14-206. Complaints and disciplinary procedures.

17-14-206. Complaints and disciplinary procedures. (a) Upon its own motion or upon written complaint of any person and after notice and hearing as prescribed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Arkansas Appraiser Licensing and Certification Board may suspend or revoke the registration, license, or certification of any registrant, licensee, or certificate holder and issue a fine up to the amount of one thousand dollars ($1,000) per violation occurrence or take any other appropriate disciplinary action for: (1) Violation of any provision of the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (2) Falsifying any application for licensure or certification or otherwise providing any false information to the board; (3) [Repealed.] (4) Any actions demonstrating untrustworthiness, incompetence, dishonesty, gross negligence, material misrepresentation, fraud, or unethical conduct in any dealings subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (5) Adjudication of insanity; (6) Use of advertising or solicitation that is false, misleading, or is otherwise deemed unprofessional by the board; (7) Employing directly or indirectly any unlicensed person to perform any actions subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (8) Habitual or excessive use of intoxicants or illegal drugs; or (9) Failure to meet continuing education requirements within the proper time period. (b) Except in cases in which a licensee, registrant, or certificate holder has obtained a license by false or fraudulent representation, the board shall not investigate the actions of or conduct any disciplinary hearing regarding any licensee, registrant, or certificate holder unless the complaint is filed or the investigation is initiated within three (3) years from the date of the actions complained of or concerning which an investigation is initiated. (c)(1) An action in tort or contract, whether oral or written, to recover damages for malpractice, negligence, error, mistake, omission, or breach shall not be brought against a registered apprentice appraiser, a state-registered appraiser, a state-licensed appraiser, or a state-certified appraiser, including any agent, firm, employee, or employer thereof, after three (3) years from the date on which the appraisal or appraisal-related service giving rise to the action was completed or should have been completed. (2) The time for commencement of an action contained in subdivision (c)(1) of this section does not apply to any claim alleging that a state-registered appraiser, state-licensed appraiser, registered apprentice appraiser, or state-certified appraiser knowingly and intentionally: (A) Committed fraud; or (B) Made misrepresentations when performing a real estate appraisal or when providing an appraisal-related service.