| (a) The board may suspend or revoke a license, certification, authorization or registration issued under provisions of this Act or deny issuing a license, certification, authorization or registration to an applicant at any time when it has been determined that the person applying for or holding the license, certification, authorization, or registration: (1) disregards or violates a provision of the Act or of the Rules of the Texas Appraiser Licensing and Certification Board; (2) is convicted of a felony; (3) fails to notify the board not later than the 30th day after the date of the final conviction if the person, in a court of this or another state or in a federal court, has been convicted of or entered a plea of guilty or nolo contendere to a felony or a criminal offense involving fraud or moral turpitude; (4) fails to notify the board not later than the 30th day after the date of incarceration if the person, in this or another state, has been incarcerated for a criminal offense involving fraud or moral turpitude; (5) fails to notify the board not later than the 30th day after the date disciplinary action becomes final against the person with regard to any occupational license the person holds in Texas or any other jurisdiction; (6) fails to comply with the Uniform Standards of Professional Appraisal Practice (USPAP) in effect at the time of the appraisal or appraisal practice; (7) acts or holds himself or herself or any other person out as a licensed or certified real estate appraiser under the Act when not so licensed or certified; (8) accepts payment for appraiser services but fails to deliver the agreed service in the agreed upon manner; (9) refuses to refund payment received for appraiser services when he or she has failed to deliver the appraiser service in the agreed upon manner; (10) accepts payment for services contingent upon a minimum, maximum, or pre-agreed value estimate except when such action would not interfere with the appraiser's obligation to provide an independent and impartial opinion of value and full disclosure of the contingency is made; (11) offers to perform appraiser services or agrees to perform such services when employment to perform such services is contingent upon a minimum, maximum, or pre-agreed value estimate except when such action would not interfere with the appraiser's obligation to provide an independent and impartial opinion of value and full disclosure of the contingency is made; (12) makes a material misrepresentation or omission of material fact; (13) has had a license or certification as an appraiser revoked, suspended, or otherwise acted against by any other jurisdiction for an act which is an offense under Texas law; (14) procures a license, certification, authorization, approval, or registration pursuant to the Act by making false, misleading, or fraudulent representation; (15) fails to actively, personally, and diligently supervise an appraiser trainee under his or her sponsorship or any person not licensed or certified under the Act who assists the licensee or certificate holder in performing real estate appraiser services; (16) has had a final civil judgment entered against him or her on any one of the following grounds: (A) fraud; (B) intentional or knowing misrepresentation; (C) grossly negligent misrepresentation in the making of real estate appraiser services; (17) fails to make good on a payment issued to the board within thirty days after the board has mailed a request for payment by certified mail to the licensee's last known business address as reflected by the board's records; (18) knowingly or willfully engages in false or misleading conduct or advertising with respect to client solicitation; (19) acts or holds himself or any other person out as a licensed or certified real estate appraiser under this or another state's Act when not so licensed or certified; (20) misuses or misrepresents the type of classification or category of licensure, certification, approval, or registration, or the license, certification, approval, or registration number; (21) engages in any other act relating to the business or appraising that the board, in its discretion, believes warrants a suspension or revocation; (22) uses any title, designation, initial or other insignia or identification that would mislead the public as to that person's credentials, qualifications, competency, or ability to perform certified or licensed appraisal services; (23) fails to comply with a final order of the board; or (24) fails to answer all inquiries concerning matters under the jurisdiction of the board within 20 days of notice to said individual's address of record, or within the time period allowed if granted a written extension by the board. (b) The board has discretion in determining the appropriate penalty for any violation under subsection (a) of this section. (c) The board may probate a penalty or sanction, and may impose conditions of the probation, including, but not limited to: (1) the type and scope of appraisals or appraisal practice; (2) the number of appraiser trainees or authority to sponsor appraiser trainees; (3) requirements for additional education; (4) monetary administrative penalties; and (5) requirements for reporting real property appraisal activity to the board. (d) A person applying for reinstatement after revocation or surrender of a license or certification must comply with all requirements that would apply if the license or certification had instead expired. (e) The provisions of this section do not relieve a person from civil liability or from criminal prosecution under the Act or under the laws of this State. (f) The board may not investigate under this section a complaint submitted either more than two years after the date of discovery or more than two years after the completion of any litigation involving the incident, whichever event occurs later, involving the state licensed real estate appraiser, provisional licensed appraiser, state certified real estate appraiser, or appraiser trainee who is the subject of the complaint. (g) Except as provided by Tex. Gov. Code §402.031(b) and Tex. Penal Code §32.32(d), there shall be no undercover or covert investigations conducted by authority of the Act. (h) All board members, officers, directors, and employees of this agency shall be held harmless with respect to any disclosures made to the board in connection with any complaints filed with the board. (i) A license, certification, authorization or registration may be revoked or suspended by the Attorney General or other court of competent jurisdiction for failure to pay child support under provisions of Chapter 232 of the Texas Family Code. (j) A certified or licensed appraiser who files a complaint against another certified or licensed appraiser that the board determines to be frivolous is liable for a civil penalty. At the request of the board, the attorney general or a district or county attorney may institute a civil action in district court to collect a penalty under this subsection. A civil penalty under this subsection may not be less than $500 or more than $10,000. A civil penalty recovered in a suit instituted under this subsection shall be deposited in the state treasury to the credit of the general revenue fund. (k) If the board determines that issuance of a probationary license is appropriate, the order entered by the board with regard to the application must set forth the terms and conditions for the probationary license. Terms and conditions for a probationary license may include any of the following: (1) that the probationary licensee comply with the Act and with the rules of the Texas Appraiser Licensing and Certification Board; (2) that the probationary licensee fully cooperate with the enforcement division of the Texas Appraiser Licensing and Certification Board in the investigation of any complaint filed against the licensee or any other complaint in which the licensee may have relevant information; (3) that the probationary licensee attend a prescribed number of classroom hours in specific areas of study during the probationary period; (4) that the probationary licensee limit appraisal practice as prescribed in the order; (5) that the probationary licensee work under the direct supervision of a certified appraiser who will review and sign each appraisal report completed; (6) that the probationary licensee report regularly to the board on any matter which is the basis of the probationary license; or (7) that the probationary licensee comply with any other terms and conditions contained in the order which have been found to be reasonable and appropriate by the board after due consideration of the circumstances involved in the particular application. (l) Unless the order granting a probationary license specifies otherwise, a probationary licensee may renew the license after the probationary period by filing a renewal application, satisfying applicable renewal requirements, and paying the prescribed renewal fee. (m) If a license expires prior to the completion of a probationary term and the licensee files a late renewal application, any remaining probationary period shall be reinstated effective as of the day following the renewal of the previous license. |
| Source Note: The provisions of this §153.20 adopted to be effective April 1, 1993, 18 TexReg 1681; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective July 21, 1994, 19 TexReg 5354; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective May 19, 1997, 22 TexReg 3989; amended to be effective January 3, 1999, 24 TexReg 138; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective March 17, 2002, 27 TexReg1733; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective August 28, 2007, 32 TexReg 5368; amended to be effective December 31, 2007, 32 TexReg 9987; amended to be effective May 31, 2009, 34 TexReg 3263; amended to be effective December 27, 2010, 35 TexReg 11660; amended to be effective November 1, 2011, 36 TexReg 7316 |
