|[(a) This rule is effective September
(a)[ (b)] Audits.
[ (1)]Board staff may:
(1)[ (A)] conduct on-site audits
without prior notice to a provider; and
(2)[ (B)] enroll and attend a
course without identifying themselves as employees of the Board for
purposes of auditing a course.
(1)After conducting an audit, Board
staff will prepare an audit report and send a copy of the report to
the provider who is the subject of the audit.
(2)If staff identifies deficiencies
in an audit report, the provider will be given a reasonable opportunity
to cure the deficiencies.
(3)[ (2)] An audit report indicating
noncompliance with AQB requirements, the Act, or Board Rules may
be referred for enforcement and [ is] treated as a
written complaint against the provider if probable cause exists
to believe the noncompliance involves: [ concerned.]
(B)knowledge or intent; or
(C)continued noncompliance after
notice of the audit report and a reasonable opportunity to cure it
(c)Reasonable Opportunity to Cure.
For purposes of this section, a reasonable opportunity to cure means
30 days from the date a provider receives the audit report.
(d)Extensions of time. The Board
may grant a request for an extension of time to cure deficiencies
if the provider:
(1)submits the request in writing; and
(2)demonstrates progress towards curing the deficiencies.
(e)[ (c)] Complaints, investigations
(1)The Board will investigate complaints against providers
or that allege violations of the AQB requirements, the Act, or Board
(2)Complaints must be in writing, and the Board may
not initiate an investigation, or take action against a provider,
based on an anonymous complaint.
(3)Board staff may initiate a complaint for any violation
of AQB requirements, the Act, or Board Rules, including a complaint
against a provider, if a document submitted to the Board provides
reasonable cause to believe a violation occurred.
(4)The Board shall provide a copy of the complaint
the provider named in the complaint.
(5)Proceedings against a provider will be conducted
in the manner required by the Act, the Administrative Procedure Act,
Chapter 2001, Government Code, and Chapter 157 of this title. Venue
for any hearing or proceeding conducted under this section will be
in Travis County.
(f)[ (d)] Cooperation with audit
or complaint investigation. A provider shall provide records in his
or her possession for examination by the Board or provide such information
requested by the Board not later than the 20th day after the date
of receiving a request for examination of records or information.
(g)[ (e)] Grounds for disciplinary
action against an approved provider.
(1)The following acts committed by a provider are
grounds for disciplinary action by the Board:
(A)procuring or attempting to procure approval for
a provider or course by fraud, misrepresentation or deceit, or by
making a material misrepresentation of fact in an application filed
with the Board;
(B)making a false representation to the Board, either
intentionally or negligently, that a person attended a course or a
portion of a course for which credit was awarded, that a person completed
an examination, or that a person completed any other requirement for
(C)aiding or abetting a person to circumvent the requirements
for attendance established by the Board, the completion of any examination,
or any other requirement for course credit;
(D)failing to provide, not later than the 20th day
after the date of a request, information requested by the Board as
a result of a complaint alleging a violation of AQB requirements,
the Act, or Board Rules;
(E)making a materially false statement to the Board
in response to a request from the Board for information relating to
a complaint against the provider; or
(F)disregarding or violating an AQB requirement or
provision of the Act or Board Rules.
(2)The Board may initiate a complaint against a provider
if the Board receives a complaint, or is presented with other evidence
acceptable to the Board alleging that a provider has failed to:
(A)teach the curriculum standards required by the
AQB or Board Rules; or
(B)meet the course delivery requirements required
by the AQB or Board Rules.
(3)If after an investigation the Board determines
that a provider engaged in any of the acts listed in this subsection,
or failed to follow the curriculum standards or course delivery requirements
of the AQB or Board Rules, the Board may take one or more of the following
disciplinary actions against a provider:
(B)impose an administrative penalty; or
(C)suspend or revoke approval of a provider or an
ACE course offered by the provider.
(h)[ (f)] Probation. The Board
may probate an order of suspension or revocation issued under this
section upon reasonable terms and conditions.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
Filed with the Office
of the Secretary of State on November 19, 2019
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: January 5, 2020
For further information, please call: (512) 936-3652