Section 452.14. Investigation and discipline of licensees.

 

(1)  The board shall, upon motion of the secretary or his or her designee or upon its own determination, conduct investigations and, as appropriate, may hold hearings and make findings, if the board or the department receives credible information that a broker or salesperson has violated this chapter or any rule promulgated under this chapter.

(2)  The board may commence disciplinary proceedings on any matter under investigation concerning a licensee.

(2m)  The board shall conduct disciplinary proceedings in accordance with the rules adopted under s. 440.03 (1) .

(3)  The board may revoke, suspend, or limit the license of any licensee, or reprimand the licensee, if it finds that the licensee has done any of the following:

(a) Made a material misstatement in the application for a license, or in any information furnished to the board or department.

(b) Made any substantial misrepresentation with reference to a transaction injurious to a party in which the licensee acts as agent.

(c) Made any false promises of a character such as to influence, persuade, or induce a party to his or her injury or damage.

(d) Pursued a continued and flagrant course of misrepresentation or made false promises through other licensees or through advertising.

(f) Accepted from any person except the firm with which the licensee is associated, if the licensee is associated with a firm, a commission or valuable consideration for the performance of any act specified in this chapter or as compensation for referring a person to another licensee or to any other person in connection with a transaction.

(g) Represented or attempted to represent a firm without the express knowledge and consent of the firm.

(h) Failed, within a reasonable time, to account for or remit any moneys coming into the licensee's possession which belong to another person.

(i) Demonstrated incompetency to act as a broker or salesperson, whichever is applicable, in a manner which safeguards the interests of the public.

(j) Paid or offered to pay a commission or valuable consideration to any person for acts or services in violation of this chapter.

(jm) Intentionally encouraged or discouraged any person from purchasing or renting real estate in a particular area on the basis of race. If the board finds that any licensee has violated this paragraph, the board shall, in addition to any temporary penalty imposed under this subsection, apply the penalty provided in s. 452.17 (4) .

(k) Been guilty of any other conduct, whether of the same or a different character from that specified herein, that constitutes improper, fraudulent, or dishonest dealing.

(L) Violated any provision of this chapter or any rule promulgated under this chapter .

(m) Failed to use forms approved under s. 452.05 (1) (b) .

(n) Treated any person unequally solely because of sex, race, color, handicap, national origin, ancestry, marital status, lawful source of income, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u) .

(o) Violated s. 452.25 (2) (a) or failed to pay any forfeiture assessed by the board under sub. (4r) for such a violation.

(p) Been convicted of a felony that is a bar to licensure under s. 452.25 (1) (a) .

(4)  If a firm is a business entity it shall be sufficient cause for reprimand or for the limitation, suspension, or revocation of the firm's license that any business representative of the firm, or anyone who has a financial interest in or is in any way connected with the operation of the firm's brokerage business, has been guilty of any act or omission that would be cause for refusing a broker's license to such person as an individual.

(4m)  In addition to or in lieu of a reprimand or a revocation, limitation, or suspension of a license under sub. (3) , the board may do any of the following:

(a) Assess against a licensee a forfeiture of not more than $1,000 for each violation enumerated under sub. (3) .

(b) Require a licensee to successfully complete education or training, in addition to any education or training required for licensure or for renewal of a license under this chapter, as a condition of continued licensure or reinstatement of a license.

(4r)  The board may assess against a licensee who is an individual a forfeiture of $1,000 for a violation under s. 452.25 (2) (a) .

(5)  The department may seek judicial review under ch. 227 of any final decision of the board. The department shall be represented in such review proceedings by an attorney within the department. Upon request of the board, the attorney general may represent the board. If the attorney general does not represent the board, the board may retain special counsel which shall be paid for out of the appropriation under s. 20.165 (1) (g) .

1981 c. 94 , 391 ; 1983 a. 27 s. 2202 (44) ; 1983 a. 354 ; 1985 a. 305 ; 1987 a. 399 ; 1989 a. 307 , 341 , 359 ; 1991 a. 32 , 163 ; 1993 a. 127 ; 1995 a. 400 ; 2005 a. 87 ; 2009 a. 95 ; 2011 a. 32 ; 2013 a. 124 , 288 ; 2015 a. 258 .

Note

Sub. (1) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (1) The board shall, upon motion of the secretary or his or her designee or upon its own determination, conduct investigations and, as appropriate, may hold hearings and make findings, if the board or the department receives credible information that a broker, salesperson, or time-share salesperson has violated this chapter or any rule promulgated under this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 Sub. (2) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (2) The board may commence disciplinary proceedings on any matter under investigation concerning a licensee or registrant. Microsoft Windows NT 6.1.7601 Service Pack 1 Sub. (3) (intro.) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (3) The board may revoke, suspend, or limit the license or registration of any licensee, or reprimand the licensee, if it finds that the licensee has done any of the following: Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (a) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (a) Made a material misstatement in the application for a license or registration, or in any information furnished to the board or department; Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (i) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (i) Demonstrated incompetency to act as a broker, salesperson or time-share salesperson in a manner which safeguards the interests of the public; Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (p) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (p) Been convicted of a felony that is a bar to licensure or registration under s. 452.25 (1) (a). Microsoft Windows NT 6.1.7601 Service Pack 1 Sub. (4m) (intro.) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (4m) In addition to or in lieu of a reprimand or a revocation, limitation, or suspension of a license or certificate of registration under sub. (3), the board may do any of the following: Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (b) is shown as amended eff. 12-14-16 by 2015 Wis. Act 258 . Prior to 12-14-16 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (b) Require a licensee to successfully complete education or training, in addition to any education or training required for licensure or registration or for renewal of a license or certificate under this chapter, as a condition of continued licensure or registration or reinstatement of a license or certificate. Microsoft Windows NT 6.1.7601 Service Pack 1 Cross-reference: See also chs. REEB 15 , 16 , and 24 , Wis. adm. code. Microsoft Windows NT 6.1.7601 Service Pack 1 Real estate brokers may engage in guaranteed sales plans if there is full disclosure and the broker does not engage in fraud, misrepresentation, or improper dealing. 61 Atty. Gen. 3. Microsoft Windows NT 6.1.7601 Service Pack 1 Provisions in Executive Order 67 (1973), with respect to duty of real estate brokers to advise prospective purchasers of floodplain zoning status of property, do not constitute a new standard but suggest a course of action that the real estate examining board might take. The action to be taken would depend on the facts in each case. 63 Atty. Gen. 236. Microsoft Windows NT 6.1.7601 Service Pack 1 Neither s. 440.20, 452.10 (2), 1977 stats., nor the rules of the department of regulation and licensing require the board to hold a hearing when a citizen files a verified complaint with the board requesting institution of disciplinary proceedings against a licensee. 68 Atty. Gen. 30. Microsoft Windows NT 6.1.7601 Service Pack 1