| (VI) Up to $250 in administrative penalties per act
or omission which constitutes a violation(s) of the Act, Board rules,
or USPAP, not to exceed $3,000 in the aggregate.
(C) 1st 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 period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v) A probationary period with provisions for monitoring
the Respondent's practice;
(vi) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii) Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(viii) Up to $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.
(D) 2nd Time Discipline Level 1--violations of the
Act, Board rules, or USPAP which evidence minor deficiencies will
result in one of the following outcomes:
(i) Dismissal;
(ii) Dismissal with non-disciplinary warning letter;
(iii) Contingent dismissal with remedial measures;
or
(iv) A final order which imposes one or more of the
following:
(I) Remedial measures;
(II) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(III) A probationary period with provisions for monitoring
the Respondent's practice;
(IV) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(V) Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(VI) Up to $250 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.
(E) 2nd Time Discipline Level 2--violations of the
Act, Board rules, or USPAP which evidence serious deficiencies will
result in a final order which imposes one or more of the following:
(i) A period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v) A probationary period with provisions for monitoring
the Respondent's practice;
(vi) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii) Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(viii) Up to $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.
(F) 2nd 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 period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v) A probationary period with provisions for monitoring
the Respondent's practice;
(vi) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii) Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(viii) Up to $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.
(G) 3rd Time Discipline Level 1--violations of the
Act, Board rules, or USPAP which evidence minor deficiencies will
result in a final order which imposes one or more of the following:
(i) A period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v) A probationary period with provisions for monitoring
the Respondent's practice;
(vi) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii) Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(viii) $1,000 to $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.
(H) 3rd Time Discipline Level 2--violations of the
Act, Board rules, or USPAP which evidence serious deficiencies will
result in a final order which imposes one or more of the following:
(i) A period of suspension;
(ii) A revocation;
(iii) Remedial measures;
(iv) Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v) A probationary period with provisions for monitoring
the Respondent's practice;
(vi) Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii) Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(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.
(p) The Board may order a person regulated by the Board
to refund the amount paid by a consumer to the person for a service
regulated by the Board.
(q) Agreed resolutions of complaint matters pursuant
to Texas Occupations Code §1103.458 or §1103.459 must be
signed by:
(1) the Board Chair or if the Board Chair is unavailable
or must recuse him or herself, the Board Chair's designee, whom shall
be (in priority order) the Board Vice Chair, the Board Secretary,
or another Board member;
(2) Respondent;
(3) a representative of the Standards and Enforcement
Services Division; and
(4) 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; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective June 10, 2015, 40 TexReg 3564; amended to be effective September 15, 2018; 43 TexReg 5776; amended to be effective June 9, 2019, 44 TexReg 2712; amended to be effective December 8, 2019, 44 TexReg 7538; amended to be effective September 13, 2020, 45 TexReg 6235; amended to be effective March 18, 2021, 46 TexReg 1640;amended to be effective November 25, 2021, 46 TexReg 7875 |
