| (a) A person not licensed or certified under the Act commits a Class A misdemeanor if the person engages in real estate appraisal, appraisal practice, or any appraisal related activity for which a certificate or license is required. (b) A person not licensed or certified under the Act who engages in real estate appraisal, appraisal practice, or any appraisal related activity for which a certificate or license is required is liable for civil penalties of not less than the amount of the consideration received or more than three times the amount of the consideration received. (c) A person not licensed or certified under the Act who engages in real estate appraisal, appraisal practice, or any appraisal related activity for which a certificate or license is required is liable for administrative penalties as set by the board. (d) A person not licensed or certified under the Act commits a Class B misdemeanor if the person knowingly or intentionally uses any title, designation, initials, or other insignia or identification that would mislead the public as to the person's credentials, qualifications, competency, or ability to perform certified or licensed appraiser services. (e) A person commits a Class B misdemeanor if the person knowingly or intentionally furnishes false information in connection with an affidavit filed pursuant to §153.15(e) of this title (relating to Experience Required for Certification or Licensing). (f) The board's attorney, in matters determined to involve criminal conduct may refer a complaint to the appropriate state or federal law enforcement agency or prosecutorial authority for criminal investigation and prosecution. Regardless of whether a referral is made for investigation and prosecution, the matter shall be fully and appropriately investigated by the board's investigators and after completing such an investigation appropriate disciplinary action shall be taken by the board. |
| Source Note: The provisions of this §153.37 adopted to be effective November 10, 1993, 18 TexReg 7542; amended to be effective July 21, 1994, 19 TexReg 5354; amended to be effective October 16, 2003, 28 TexReg 8944; amended to be effective August 28, 2007, 32 TexReg 5368 |
