| (a) The Board may suspend or revoke a license issued
under provisions of the AMC Act, or deny issuing or renewing a license
to an applicant, any time it is determined that the person applying
for, renewing, or holding the license or the AMC's primary contact:
(1) disregards or violates a provision of the AMC Act
or Board rules;
(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 of the following with
regard to any professional or occupational license held by the person
in Texas or another jurisdiction not later than the 30th day after
the date:
(A) disciplinary action becomes final against the person;
or
(B) the person voluntarily surrenders any professional
or occupational license;
(6) fails to comply with the USPAP edition in effect
at the time of the appraisal or appraisal practice;
(7) acts or holds any person out as a registered AMC
under the AMC Act or another state's act when not so licensed or certified;
(8) accepts payment for appraisal management services
but fails to deliver the agreed service in the agreed upon manner;
(9) refuses to refund payment received for appraisal
management 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;
(11) offers to perform appraisal management services
or agrees to perform such services when employment to perform such
services is contingent upon a minimum, maximum, or pre-agreed value
estimate;
(12) makes a material misrepresentation or omission
of material fact;
(13) has had a registration as an AMC revoked, suspended,
or otherwise acted against by any other jurisdiction for an act which
is an offense under Texas law;
(14) procures a registration pursuant to the AMC Act
by making false, misleading, or fraudulent representation;
(15) 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; or
(C) grossly negligent misrepresentation in the making
of real estate appraiser services;
(16) fails to make good on a payment issued to the
Board within 30 days after the Board has mailed a request for payment
by certified mail to the license holder's primary contact as reflected
in the Board's records;
(17) knowingly or willfully engages in false or misleading
conduct or advertising with respect to client solicitation;
(18) 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 provide
appraisal management services;
(19) requires an appraiser to pay for or reimburse
the AMC for a criminal history check;
(20) fails to comply with a final order of the Board;
or
(21) fails to answer all inquiries concerning matters
under the jurisdiction of the Board within 20 days of notice to said
person's or primary contact'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 appraisal management practice;
(2) requirements for additional education by the AMC's
controlling persons;
(3) monetary administrative penalties; and
(4) requirements for reporting appraisal management
activity to the Board.
(d) A person applying for reinstatement after revocation
or surrender of a registration must comply with all requirements that
would apply if the registration had instead expired.
(e) The provisions of this section do not relieve a
person from civil liability or from criminal prosecution under the
AMC 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
AMC that is the subject of the complaint.
(g) Except as provided by Texas Penal Code §32.32(d),
there will be no undercover or covert investigations conducted by
authority of the AMC Act.
(h) The Board may report to the Appraisal Subcommittee
any disciplinary action taken by the Board against an AMC required
to register under the AMC Act.
|
| Source Note: The provisions of this §159.201 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective December 11, 2016, 41 TexReg 9708; amended to be effective December 10, 2017, 42 TexReg 6928 |
