Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 157RULES RELATING TO PRACTICE AND PROCEDURE
SUBCHAPTER AGENERAL PROVISIONS
RULE §157.7Denial of a License, Renewal or Reinstatement; Adverse Action Against a License Holder
ISSUE 09/01/2017
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Denial of a License, Renewal or Reinstatement.

  (1)If the Board denies the issuance, renewal or reinstatement of a license, [a certification, license, trainee approval, or registration,] the Board shall promptly give written notice of denial to the applicant. If the applicant is supervised by another license holder, the Board shall send a copy of the notice of denial to the supervisory appraiser.

  (2)The notice of denial shall include:

    (A)a statement of the Board's action;

    (B)a summary of the facts and laws on which the action is based;

    (C)a statement of the right of the person to request a hearing; and

    (D)the following language in capital letters in boldface type: IF YOU FAIL TO REQUEST A HEARING IN WRITING WITHIN 30 DAYS, THIS DETERMINATION WILL BECOME FINAL.

  (3)If a person fails to request a hearing in writing within 30 days of receiving the notice, the Board's determination will become final.

(b)Adverse Action Against a License Holder.

  (1)If the Board proposes to take adverse action against a license holder, former license holder, or registrant, the Board shall promptly give written notice to the person against whom the action is proposed to be taken. If an appraiser trainee is the respondent, the Board shall send a copy of the notice to the supervisory appraiser.

  (2)The notice of adverse action shall include:

    (A)a summary of the facts and laws on which the proposed action is based;

    (B)a statement of the action proposed by the Board, including the proposed sanction and/or the amount of any administrative penalties; and

    (C)a statement of the right of the person to a hearing.

(c)A license holder who has agreed in writing to suspension or revocation for failure to comply with the terms of a consent order, consent agreement, or agreed order in connection with an application or a previous disciplinary matter is deemed to have had notice and an opportunity for a hearing in a subsequent action resulting from failure to comply with an administrative requirement of probation, such as payment of a fee or completion of coursework.

(d)Notices sent under this section are complete and effective if sent in the manner described in §157.9.

(e)The mailbox rule described in §157.9 applies to notices sent under this section if the notice was sent to the respondent's or applicant's mailing address or email address as shown in the Board's records in the manner described in §157.9.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 15, 2017

TRD-201703145

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: October 1, 2017

For further information, please call: (512) 936-3652



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