| (a) 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 sponsor.
(b) The notice shall include:
(1) a summary of the facts and laws on which the proposed
action is based;
(2) a statement of the action proposed by the Board,
including the proposed sanction and/or the amount of any administrative
penalties; and
(3) a statement of the right of the person to a hearing.
(c) A license holder or registrant 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) The Board will consider a modification of an existing
agreed or consent order at its next scheduled Board meeting if the
license holder or registrant:
(1) is currently in compliance with the existing order;
and
(2) submits a written request that sets out the specific
modification requested and the reason for the modification to the
Board's general counsel on or before the 14th day prior to a scheduled
Board meeting. Submission of a request for modification of an agreed
or consent order to the Board does not relieve the license holder
or registrant of compliance obligations under the existing order.
|
| Source Note: The provisions of this §157.8 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective June 14, 2010, 35 TexReg 5035; amended to be effective December 4, 2012, 37 TexReg 9506; amended to be effective June 8, 2014, 39 TexReg 4253 |
