(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 failed to comply with the Uniform Standards of Professional
Appraisal Practice (USPAP) in effect at the time of the appraisal or appraisal
practice;
(4) 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;
(5) has accepted payment for appraiser services and has failed
to deliver the agreed service in the agreed upon manner;
(6) 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;
(7) 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;
(8) 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;
(9) has made a material misrepresentation or omission of material
fact;
(10) 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;
(11) 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;
(12) has procured a license, certification, authorization,
approval, or registration pursuant to the Act by making false, misleading,
or fraudulent representation;
(13) 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;
(14) has had a final civil judgement entered against him or
her on grounds of fraud or willful or grossly negligent misrepresentation
in the making of real estate appraiser services;
(15) has failed to make good on a check 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;
(16) has knowingly or wilfully engaged in false or misleading
conduct or advertising with respect to client solicitation;
(17) 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;
(18) has misused or misrepresented the type of classification
or category of licensure, certification, approval, or registration, or the
license, certification, approval, or registration number;
(19) has engaged in any other act relating to the business
or appraising that the board, in its discretion, believes warrants a suspension
or revocation;
(20) has used 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;
(21) has failed to comply with a final order of the board;
(22) has failed to notify the board not later than the 30th
day after the date of the final conviction of 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; and
(23) has failed 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.
(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; and
(4) monetary administrative penalties.
(d) 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.
(e) 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.
(f) Notwithstanding any other provision of the Act, there shall
be no undercover or covert investigations conducted by authority of the Act.
(g) 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.
(h) 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.
(i) 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.
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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 TexReg 1733 |