| (viii) $1,500 in administrative penalties per act or
omission which constitutes a violation(s) of USPAP, Board Rules or
the Act, up to the maximum $5,000 statutory limit per complaint matter.
(I) 3rd Time Discipline Level 3--violations of the
Act, Board Rules, or USPAP which evidence serious deficiencies and
were done with knowledge, deliberately, willfully, or with gross negligence
will result in a final order which imposes one or more of the following:
(i) A revocation; and
(ii) $1,500 in administrative penalties per act or
omission which constitutes a violation(s) of USPAP, Board Rules or
the Act, up to the maximum $5,000 statutory limit per complaint matter.
(J) 4th Time Discipline--violations of the Act, Board
Rules or USPAP will result in a final order which imposes the following:
(i) A revocation; and
(ii) $1,500 in administrative penalties per act or
omission which constitutes a violation(s) of USPAP, Board Rules or
the Act, up to the maximum $5,000 statutory limit per complaint matter.
(K) Unlicensed appraisal activity will result in a
final order which imposes a $1,500 in administrative penalties per
unlicensed appraisal activity, up to the maximum $5,000 statutory
limit per complaint matter.
(4) In addition, staff may recommend any or all of
the following:
(A) Reducing or increasing the recommended sanction
or administrative penalty for a complaint based on documented factors
that support the deviation, including but not limited to those factors
articulated under paragraph (2) of this subsection;
(B) Probating all or a portion of any sanction or administrative
penalty for a period not to exceed five years;
(C) Requiring additional reporting requirements; and
(D) Such other recommendations, with documented support,
as will achieve the purposes of the Act, the Rules, and/or USPAP.
(k) Agreed resolutions of complaint matters pursuant
to Texas Occupations Code §1103.458 or §1103.459 must be
signed by the respondent, a representative of the Standards and Enforcement
Services Division, and the commissioner.
|
| Source Note: The provisions of this §153.24 adopted to be effective March 15, 2010, 35 TexReg 2157; amended to be effective June 12, 2013, 38 TexReg 3588; amended to be effective December 22, 2013, 38 TexReg 9049 |
