36-21D-10. Prohibited conduct--Grounds for discipline.
No employee, director, officer, agent, independent contractor or other third party acting on behalf of an appraisal management company may:
(1)Improperly influence or attempt to improperly influence the development, reporting, result, or review of a real estate appraisal;
(2)Intimidate, coerce, extort, bribe, blackmail, withhold payment for appraisal services, or threaten to exclude the real estate appraiser from future work in order to improperly obtain a desired result;
(3)Condition payment of an appraisal fee upon the opinion, conclusion, or valuation to be reached;
(4)Request a real estate appraiser to report a predetermined opinion, conclusion, or valuation or the desired valuation of any person or entity;
(5)Engage in any other act or practice that impairs or attempts to impair a real estate appraiser's independence, objectivity, and impartiality;
(6)Require a real estate appraiser to provide the appraisal management company with the appraiser's digital signature or seal;
(7)Alter, amend, or change an appraisal report submitted by a real estate appraiser;
(8)Remove an appraiser from a real estate appraiser panel without prior written notice to the appraiser, with the prior written notice including evidence of the following:
(a)The appraiser's illegal conduct;
(b)A violation of the appraisal standards adopted by the Department of Labor and Regulation pursuant to this chapter; or
(c)Improper or unprofessional conduct; or
(9)Require an appraiser to sign any indemnification agreement that would require the appraiser to defend and hold harmless the appraisal management company or any of its agents or employees for any liability, damage, losses, or claims arising out of the services performed by the appraisal management company or its agents, employees, or independent contractors and not the services performed by the appraiser.
A violation of this section may constitute grounds for discipline against an appraisal management company who is registered pursuant to the laws of the State of South Dakota.
Source: SL 2011, ch 184, ยง10.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 21D - Appraisal Management Companies
Section 36-21D-2 - Appraisal management company defined.
Section 36-21D-3 - Appraisal defined.
Section 36-21D-4 - Promulgation of rules regarding companies and services.
Section 36-21D-5 - Promulgation of rules regarding fees.
Section 36-21D-6 - South Dakota appraisal management companies fund.
Section 36-21D-7 - Expenditure from fund only upon appropriation.
Section 36-21D-8 - Monetary penalty for violation.
Section 36-21D-9 - Assessment of expenses of contested case proceeding.
Section 36-21D-10 - Prohibited conduct--Grounds for discipline.
Section 36-21D-11 - Permissible conduct.
Section 36-21D-13 - Maintenance of surety bond or irrevocable letter of credit.
Section 36-21D-14 - Action against surety bond or irrevocable letter of credit.