§59-858-633. Investigations and hearings - Good cause.
571 words·~3 min read·
/ok/title-59-professions-and-occupations/59-858-633·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The Committee of Home Inspector Examiners may, upon its own motion, and shall, upon written complaint filed by any person, direct the Construction Industries Board to investigate the business activities of any home inspector. The Committee may contract for an
administrative judge for any hearing which may, upon a showing of good cause, impose disciplinary actions as provided in the Home Inspection Licensing Act.
B. Good cause shall be established upon showing that any licensee has performed, is performing, has attempted to perform, or is attempting to perform any of the following acts:
1. Making a materially false or fraudulent statement in an application for license or for approval of continuing education;
2. Having been convicted in a court of competent jurisdiction of forgery, fraud, conspiracy to defraud, or any similar offense, or pleading guilty or nolo contendere to any such offense;
3. Falsifying or failing to disclose in a home inspection report a material defect;
4. Failing to perform a home inspection report in accordance with the Home Inspection Licensing Act or the rules promulgated pursuant thereto;
5. Compensating any person for performing the services of a home inspector or lending a license to any person who has not first secured a license as a home inspector pursuant to the Home Inspection Licensing Act;
6. Accepting inspection assignments when the employment itself is contingent upon reporting a predetermined estimate, analysis or opinion;
7. Accepting inspection assignments when the fee to be paid is contingent upon the opinion, the conclusion, analysis, or report reached, or upon the consequences resulting from such assignments;
8. Performing repair or maintenance work, or receiving compensation either directly or indirectly from a company regularly engaged in home repair work, on a property having four or fewer dwelling units that the home inspector inspected within one
(1)year from the date of the inspection;
9. Accepting compensation from more than one client for a single home inspection, unless the home inspector has informed all clients who are paying a fee for that home inspection that such compensation is sought or anticipated;
10. Except as provided in paragraph 14 of this subsection, disclosing the results of a home inspection to any person other than the client without the written consent of the client;
11. Failing to disclose to the client any conflict of interest of which the inspector knows or should have known that may adversely affect the client;
12. Failing to submit a written home inspection report within a reasonable time as determined by the Board to the client after compensation has been paid to the home inspector;
13. Paying any fees or other amounts due pursuant to the Home Inspection Licensing Act or the rules promulgated pursuant thereto
with a check that is dishonored upon presentation to the financial institution on which it is drawn;
14. Failing, upon demand in writing by the Construction Industries Board, a law enforcement agency, or a court of law, to disclose any information within the knowledge of the licensee or to produce any document in possession of a licensee or under control of a licensee that relates to a home inspection; or
15. Disregarding or violating any provision of the Home Inspection Licensing Act or rule promulgated pursuant to the Home Inspection Licensing Act. Added by Laws 2001, c. 423, § 13, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 8, emerg. eff. June 3, 2008.