(a) AMCs, persons who own more than 10% interest in
an AMC, and individuals who act as the primary contact for an AMC
must be honest, trustworthy, and reliable. Accordingly, such persons
must satisfy the Board of their honesty, integrity, and trustworthiness
before a registration may be issued and upon renewal.
(b) The board deems the following felonies and misdemeanors
directly related to the field of appraisal management and suggestive
of a lack of the requisite moral character:
(1) offenses involving fraud or misrepresentation;
(2) offenses against real or personal property belonging
to another, if committed knowingly or intentionally;
(3) offenses against public administration;
(4) offenses involving the sale or other disposition
of real or personal property belonging to another without authorization
of law;
(5) offenses involving moral turpitude; and
(6) offenses of attempting or conspiring to commit
any of the foregoing offenses.
(c) In determining whether a criminal offense by an
applicant, the primary contact, or an owner of any interest in the
AMC prevents the issuance or renewal of a registration, the Board
will consider the following factors:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for
requiring a registration to provide appraisal management services;
(3) the extent to which a registration might offer
an opportunity to engage in further criminal activity of the same
type as that which the person had previously been involved; and
(4) the relationship of the crime to the ability, capacity,
or fitness required to be involved, directly or indirectly, in performing
the duties and discharge the responsibilities of AMC.
(d) In determining the present fitness of a person
who has committed an offense under this section, the Board will consider
the following evidence:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person at the time of the commission
of the crime;
(3) the amount of time that has elapsed since the person's
last criminal activity;
(4) the conduct and work activity of the person prior
to and following the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or following release; and
(6) other evidence of the person's present fitness
including letters of recommendation from prosecution, law enforcement,
and correctional officers who prosecuted, arrested, or had custodial
responsibility for the person; the sheriff and chief of police in
the community where the person resides; and any other persons in contact
with the person.
(e) A person is presumed to lack the requisite moral
character if less than two years has elapsed since the offense was
committed.
(f) An applicant is presumed to be unfit to perform
appraisal management services if the person has violated the appraiser
independence standards of Section 129E of the Truth in Lending Act
(15 U.S.C. §1601 et seq.). This presumption may be rebutted by
credible evidence to the contrary.
(g) It is the responsibility of the applicant to the
extent possible to secure and provide the Board the recommendations
of the prosecution, law enforcement, and correctional authorities,
as well as evidence, in the form required by the Board, relating to
whether the applicant has maintained a record of steady employment,
has maintained a record of good conduct, and is current on the payment
of any outstanding court costs, supervision fees, fines, and restitution.
(h) A currently incarcerated individual does not possess
the required good moral character.
(i) The primary contact and each owner of more than
10% of the AMC must consent in writing to a criminal history background
check at the time the AMC submits an application for registration
or renewal.
(j) An applicant must provide information related to
whether a person who owns an interest in the applicant has:
(1) had a license or certification to act as an appraiser
denied, revoked, or surrendered in lieu of revocation;
(2) the license or certification to act as an appraiser
has not been subsequently granted or reinstated; and
(3) the license or certification to act as an appraiser
was denied, revoked, or surrendered in lieu of revocation for a nonsubstantive
reason for the Board's determination under §159.102 of this chapter.
(k) An application for registration or renewal of registration
that is denied by TALCB Division staff may be reviewed and reconsidered
by the Executive Director if the applicant submits a written request
for reconsideration within 10 days of notice of the denial. The right
to request reconsideration is distinct from, and in addition to, an
applicant's right to appeal an application denial before SOAH.
|
Source Note: The provisions of this §159.105 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective December 10, 2017, 42 TexReg 6926; amended to be effective December 9, 2018, 43 TexReg 7892; amended to be effective December 25, 2022, 47 TexReg 8272; amended to be effective December 3, 2023, 48 TexReg 6905 |