Unprofessional conduct includes any court action regarding unethical actions on the part of the licensee. The court action could be criminal in nature or simply a litigation case between the licensee and a client. At the disciplinary hearing a certified copy of a final holding of any court of competent jurisdiction is conclusive evidence of the conduct of the license holder or applicant upon which a conviction or the final holding is based. Upon a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based.
This RCW states that the findings of the involved court are conclusive evidence of unprofessional conduct. A guilty verdict in a court case will be the evidence utilized by the DOL in a disciplinary hearing.
Disciplinary action can be taken by the DOL for the following:
When receiving real estate documents from clients and/or customers for transactional purposes, they must be returned to the rightful owner within a 30 day period. If not returning the documents within this time frame, it is also considered conversion.
Advertising or stating membership in an association must be true and correct. Utilization of professional designations must be true and correct as well. If stating falsely the DOL will take action.
Example: A licensee gives a listing to a broker for his father's property. This interest must be divulged to all future parties.
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The study of system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.