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TITLE 22EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 153RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
RULE §153.241Sanctions Guidelines

        (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 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.

    (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.


Source Note: The provisions of this §153.241 adopted to be effective February 26, 2023, 48 TexReg 892; amended to be effective December 3, 2023, 48 TexReg 6903

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