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(a)The purpose of a temporary suspension proceeding
is to determine whether the continued practice by a person licensed,
certified or registered by the Board would constitute a continuing
threat to the public welfare. A temporary suspension proceeding is
ancillary to a disciplinary proceeding regarding alleged violations
of the Act or Board rules and is not dispositive concerning any such
violations.
(b)Board staff may request the Board to grant a temporary
suspension if:
(1)the Board has opened a complaint investigation
against a license holder; and
(2)the following criteria are met:
(A)credible evidence shows:
(i)a license holder may continue to engage in conduct
that may violate the Act, Board rules, or USPAP;
(ii)the license holder's conduct involves recent or
current appraisal practice; and
(B)sufficient evidence is available to proceed with
a contested case hearing within 45 days of a temporary suspension
proceeding.
(c)The three Board members of the Enforcement Committee
appointed by the chair of the Board shall serve as the disciplinary
panel ("Panel") under Texas Occupations Code, §1103.5511 and §1104.211.
The chair of the Board shall also appoint a Board member to act as
an alternate member of the Panel in the event a member of the Panel
is recused or unable to attend a temporary suspension proceeding.
(d)Board staff must request a temporary suspension
proceeding in writing by filing a motion for temporary suspension
with the Board's general counsel.
(e)The Panel may make a determination regarding a
temporary suspension without notice or hearing pursuant to Texas Occupations
Code, §1103.5511(c)(1) or §1104.211(c)(1), or may, if appropriate
in the judgment of the chair of the Panel, provide the license holder
or registrant with three days' notice of a temporary suspension hearing.
(f)The requirement under Texas Occupations Code, §1103.5511(c)(1)
or §1104.211(c)(1) that "institution of proceedings for a contested
case hearing is initiated simultaneously with the temporary suspension"
shall be satisfied if, on the same day the motion for temporary suspension
is filed with the Board's general counsel, the licensed, certified
or registered person that is the subject of the temporary suspension
motion, and the State Office of Administrative Hearings, as applicable,
is sent one of the following documents that alleges facts that precipitated
the need for a temporary suspension:
(1)Notice of Alleged Violation;
(2)Original Statement of Charges; or
(3)Amended Statement of Charges.
(g)The Panel shall post notice of the temporary suspension
proceeding pursuant to §551.045 of the Texas Government Code
and Texas Occupations Code, §1103.5511(e) or §1104.211(e)
and hold the temporary suspension proceeding as soon as possible.
(h)The determination whether the continued practice
by a person licensed, certified or registered by the Board would constitute
a continuing threat to the public welfare shall be made from information
presented to the Panel. The Panel may receive information and testimony
in oral or written form. Documentary evidence must be submitted to
the Board's general counsel in electronic format at least 24 hours
in advance of the time posted for the temporary suspension hearing
in all cases where the Panel will be meeting via teleconference. If
a hearing is held following notice to a license holder or registrant,
Board staff will have the burden of proof and shall open and close.
The party responding to the motion for temporary suspension may offer
rebuttal arguments. Parties may request an opportunity for additional
rebuttal subject to the discretion of the chair of the Panel. The
chair of the Panel may set reasonable time limits for any oral arguments
and evidence to be presented by the parties. The Panel may question
witnesses and attorneys at the members' discretion. Information and
testimony that is clearly irrelevant, unreliable, or unduly inflammatory
will not be considered.
(i)The determination of the Panel may be based not
only on evidence admissible under the Texas Rules of Evidence, but
may be based on information of a type on which a reasonably prudent
person commonly relies in the conduct of the person's affairs.
(j)If the Panel suspends a license or certificate,
it shall do so by order and the suspension shall remain in effect
for the period of time stated in the order, not to exceed the date
a final order is issued by the Board in the underlying contested case
proceeding. The Panel order must recite the factual and legal basis
for imminent peril warranting temporary suspension.
(k)A temporary suspension under Texas Occupations
Code §1103.5511 or §1104.211 shall not automatically expire
after 45 days if the Board has scheduled a hearing on the contested
case to take place within that time and the hearing is continued beyond
the 45th day for any reason other than at the request of the Board.
(l)If credible and verifiable information that was
not presented to the Panel at a temporary suspension hearing, which
contradicts information that influenced the decision of the Panel
to order a temporary suspension, is subsequently presented to the
Panel with a motion for rehearing on the suspension, the chair of
the Panel will schedule a rehearing on the matter. The chair of the
Panel will determine, in the chair's sole discretion, whether the
new information meets the standard set out in this subsection. A rehearing
on a temporary suspension will be limited to presentation and rebuttal
of the new information. The chair of the Panel may set reasonable
time limits for any oral arguments and evidence to be presented by
the parties. Panel members may question witnesses and attorneys. Information
and testimony that is clearly irrelevant, unreliable, or unduly inflammatory
will not be considered. Any temporary suspension previously ordered
will remain in effect, unless the Panel holds a rehearing on the matter
and issues a new order rescinding the temporary suspension.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on May 20, 2019
TRD-201901466 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: June 9, 2019
Proposal publication date: February 22, 2019
For further information, please call: (512) 936-3652
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