| (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's
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.
(n) 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.
(o) Agreed resolutions of complaint matters pursuant
to Texas Occupations Code §1103.458 or §1103.459 must be
signed by:
(1) the Board Chair;
(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 |
