| (D) pays the renewal application fees in effect when the previous license or certification expired. (2) Appraiser continuing education requirements as set out in §153.18 of this title, that would have been imposed for a timely renewal shall be deferred under this section for a period of up to 180 days. (d) Denial of Licensing and Certification of Persons who are in Default on Texas Guaranteed Student Loan Corporation (TGSLC) Loans. (1) Renewals of licenses and certifications issued by the board are subject to the policies established by the Texas Education Code, §57.491. (2) Before the board declines to renew a license or certification due to default on a loan guaranteed by the TGSLC, a default on a repayment agreement with TGSLC, or a failure to enter a repayment agreement with TGSLC, the board shall give notice and provide an opportunity for a hearing in accordance with the provisions of the Texas Government Code, §2001.051 et seq. (3) The board shall advise those licensed or certified in renewal notices and shall advise those who apply for licensure or certification in application forms that default on a loan guaranteed by TGSLC may prevent subsequent renewal of a license or certification or prevent the approval of an initial application for license or certification. (e) Identity Theft. (1) For purposes of this subsection "identity theft" shall mean any of the following activities occurring in connection with the rendition of real estate appraisal services: (A) Unlawfully obtaining, possessing, transferring or using a certification, license, authorization or registration issued by the board; (B) Unlawfully obtaining, possessing, transferring or using a person's electronic or handwritten signature. (2) A person holding a certification, license, authorization or registration issued by the board shall implement and maintain reasonable procedures to protect and safeguard themselves from identity theft. (3) A person holding a certification, license, authorization or registration shall notify the board if they are the victim of identity theft within (90) ninety days of discovering such theft. Notice shall be effectuated by filing a signed, written complaint on a form prescribed by the board. (4) The board may invalidate a current certification, license, authorization or registration and issue a new one to a person the board determines is a victim of identity theft. Any person seeking the invalidation of a current certification, license, authorization or registration and issuance of a new one shall: (A) submit a written, signed request for the invalidation of a current certification, license, authorization or registration and issuance of a new one. The basis for the request must be because the person is a victim of identity theft and shall be made on a form prescribed by the board; and (B) have the burden to submit evidence that the board determines is credible which demonstrates they are the victim of identity theft; Without limiting the type of evidence a person may submit to the board, a court order issued in accordance with Texas Business and Commerce Code §48.202, declaring that the person is a victim of identity theft shall constitute credible evidence. Any such court order must relate to identity theft as defined in this subsection. (5) Engaging in identity theft, constitutes a violation of §§153.20(a)(4), (18) and (20) of this title and in addition to any action taken by the board, persons engaging in identity theft may also be referred to the appropriate law enforcement agency for criminal prosecution. |
| Source Note: The provisions of this §153.17 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective October 1, 1992, 17 TexReg 6360; amended to be effective April 1, 1993, 18 TexReg 1680; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective September 1, 1995, 20 TexReg 6202; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective January 1, 2003, 27 TexReg11147;amended to be effective October 16, 2003, 28 TexReg 8943; amended to be effective March 27, 2007, 32 TexReg 1747 |
