<<Back

Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 153PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
RULE §153.20Guidelines for Revocation, Suspension or Denial of Licensure or Certification

(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) has been convicted of a felony;

  (2) has disregarded or violated a provision of the Act or of the rules of the Texas Appraiser Licensing and Certification Board;

  (3) has acted or held 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;

  (4) has accepted payment for appraiser services and has failed to deliver the agreed service in the agreed upon manner;

  (5) has refused to refund payment received for appraiser services when he or she has failed to deliver the appraiser service in the agreed upon manner;

  (6) has accepted 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;

  (7) has offered to perform appraiser services or has agreed 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;

  (8) has made a willful or grossly negligent misrepresentation or any willful or grossly negligent omission of material fact;

  (9) 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;

  (10) is confined in any county jail, post adjudication; is confined in any state or federal prison or mental institution; or through mental disease or deterioration, can no longer safely be entrusted to deal with the public or in a confidential capacity;

  (11) has procured license or certification pursuant to the Act by making false or fraudulent representation;

  (12) has failed 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;

  (13) has had a final civil judgment entered against him or her on grounds of fraud or willful or grossly negligent misrepresentation in the making of real estate appraiser services;

  (14) has failed to make good a check issued to the board within 30 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;

  (15) has knowingly or intentionally engaged in false or misleading conduct or advertising with respect to client solicitation;

  (16) has acted or held 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;

  (17) has engaged in any other act relating to the business of appraising that the board, in its discretion, believes warrants a suspension or revocation.

(b) The board has discretion in determining the appropriate penalty for any violation under subsection (a) of this section with the following restrictions.

  (1) Penalty for an offense under subsection (a)(1) shall be immediate revocation of a license or certification pursuant to Texas Civil Statutes, Article 6252-13c(4)(e).

  (2) Penalty for an offense under subsection (a)(3) shall be suspension or withholding of license or certification for a period not to exceed two years.

  (3) Penalty for a first violation under subsection (a)(4) shall be suspension of license or certification for a period not to exceed 60 days.

  (4) Penalty for a second violation under subsection (a)(4) shall be suspension of license or certification for a period not to exceed one year.

  (5) Penalty for a third violation under subsection (a)(4) shall be suspension of license or certification for a period not to exceed three years.

  (6) Penalty for an offense of either subsection (a)(6) or (7) shall be suspension of license or certification not to exceed a period of three years.

(c) 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.

(d) The board may not investigate under this section a complaint submitted more than two years after the date of discovery of the incident 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.

(e) Notwithstanding any other provision of the Act, there shall be no undercover or covert investigations conducted by authority of the Act. No investigations of licensees or certificate holders or any other actions against licensees or certificate holders shall be initiated on the basis of anonymous complaints whether in writing or otherwise, but shall be initiated only upon the board's own motion or a signed written complaint. Upon the adoption of such a motion by the board or upon receipt of such complaint, the licensee or certificate holder shall be notified promptly and in writing unless the board itself, after due consideration, determines otherwise.

(f) 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.

(g) 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.

(h) 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.


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

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page