Title 43, Chapter 39A, Section 25
( 43-39A-25)
(a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of real estate appraisal activity defined in Code Section 43-39A-2, whether as a part of an appraisal or as an appraisal, shall be deemed an appraiser within the meaning of this chapter. The commission of a single such act by a person who is required to have an appraiser classification under this chapter but who has not obtained such appraiser classification shall constitute a violation of this chapter. (b) It shall be unlawful for any person, directly or indirectly, to
engage in or conduct the business of, or advertise or hold himself
or herself out as engaging in or conducting the business of, or act
in the capacity of, an appraiser within this state without first
obtaining an appraiser classification as provided in this chapter. (c) Notwithstanding any other provisions of law to the contrary, the
board may issue a cease and desist order prohibiting any person from
violating the provisions of this chapter by engaging in the practice
of an appraiser without proper appraiser classification. Such cease
and desist order shall be final ten days after it is issued unless
the person to whom such order is issued requests a hearing before
the board. (d) The violation of any cease and desist order of the board issued
under subsection (c) of this Code section shall subject the person
violating the order to further proceedings before the board, and the
board shall be authorized to impose a fine not to exceed $1,000.00
for each transaction constituting a violation of such order. Each
day that a person practices in violation of this chapter shall
constitute a separate violation. (e) Initial judicial review of the decision of the board entered
pursuant to this Code section shall be available solely in the
superior court of the county of domicile of the board. (f) Nothing in this Code section shall be construed to prohibit the
board from seeking remedies otherwise available by statute without
first seeking a cease and desist order in accordance with the
provisions of this Code section. |