| (a) Qualifications. To qualify as an appraiser, a person
must be one of the following:
(1) an engineer or architect with experience and training
in building construction, repair, estimating, or investigation of
property damage;
(2) an adjuster or public adjuster with experience
and training in estimating property damage; or
(3) a general contractor with experience and training
in building construction, repair, or estimating property damage.
(b) Potential conflicts. A potential conflict of interest
exists when an appraiser:
(1) is a current or former association or claimant
employee;
(2) is a current or former association or claimant
contractor or contractor's employee, except that it is not a potential
conflict for the appraiser to be a contractor solely to work on the
pending appraisal;
(3) is related within a degree of relationship described
by Government Code §573.002 to:
(A) a current or former association employee;
(B) a current or former association contractor or contractor's
employee;
(C) the claimant or a representative of the claimant;
(D) a current or former claimant employee; or
(E) a current or former claimant contractor or contractor's
employee;
(4) is a current association policyholder;
(5) currently has an open claim or acts as a representative
or public adjuster on an open claim with the association, or previously
filed a claim with the association;
(6) is a current employee or contractor of an insurance
company or public insurance adjusting company;
(7) currently is a party or represents a party to a
lawsuit with the association, or was a party or represented a party
to a lawsuit with the association within the previous five years;
(8) adjusted the loss or acted as a public adjuster
on the loss involved in the claim;
(9) is related to the adjuster or public adjuster who
adjusted the loss;
(10) is an employee of the adjusting company or public
insurance adjusting company that adjusted the loss or represented
the claimant on the loss; or
(11) has any other direct or indirect interest, financial
or otherwise, of any nature that substantially conflicts with the
appraiser's duties.
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