The Texas Appraiser Licensing and Certification Board (TALCB or Board) proposes amendments to §157.30, Alternative Dispute Resolution, §157.32, Negotiated Settlement, §157.33 Mediation, and §157.37 Agreements. The proposed amendments are made following a comprehensive rule review for this Chapter to better reflect current TALCB procedures and to simplify and clarify where needed.

The proposed amendments to §157.30 clarify that only the Board or its staff, not an administrative law judge, may utilize a contingent dismissal as the method for resolving a contested case. The proposed amendments to §157.32 clarify that negotiations may be conducted through email. The proposed amendments to §157.33 correct a grammatical error, clarify that the same administrative law judge who presides over mediation may not also preside over the contested case hearing if mediation is unsuccessful, and clarify that a respondent must pay one-half of the mediation fees to the Board before the date of the mediation.

Kristen Worman, General Counsel, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the proposed amendments. There is no adverse economic effect anticipated for small businesses, micro-businesses, rural communities, or local or state employment as a result of implementing the proposed amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. Accordingly, no Economic Impact Statement or Regulatory Flexibility Analysis is required.

Ms. Worman has also determined that for each year of the first five years the amendments as proposed are in effect the public benefit anticipated as a result of enforcing the section as proposed will be requirements that are consistent with the statutes and easier to understand, apply and process.

Growth Impact Statement:

For each year of the first five years the proposed amendments are in effect the amendments will not:

• create or eliminate a government program;

• require the creation of new employee positions or the elimination of existing employee positions;

• require an increase or decrease in future legislative appropriations to the agency;

• require an increase or decrease in fees paid to the agency;

• create a new regulation;

• expand, limit or repeal an existing regulation; and

• increase or decrease the number of individuals subject to the rule's applicability.

For each year of the first five years the proposed amendments are in effect, there will be no impact on the state's economy as these amendments simplify the rules and provide additional clarity for license holders.

Comments on the proposed amendments may be submitted to Kristen Worman, General Counsel, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188 or emailed to: general.counsel@talcb.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules relating to certificates and licenses, and §1104.051, which authorizes TALCB to adopt rules necessary to administer the provisions of Chapter 1104.

No other statute, code or article is affected by the proposed amendments.