(viii) $1,500 in administrative penalties per act or
omission which constitutes a violation(s) of the Act, Board rules,
or USPAP, 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; or
(ii) $1,500 in administrative penalties per act or
omission which constitutes a violation(s) of the Act, Board rules,
or USPAP, 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, Board rules, or USPAP.
(l) 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.
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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; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective June 10, 2015, 40 TexReg 3564 |