(a)The Board may request an applicant or [
A] respondent to schedule an investigative conference to
discuss a pending license application or the allegations of a pending
complaint [may meet with the Board for an investigative
discussion of the facts and circumstances of the alleged violations].
(b)The applicant or respondent may
choose to have the investigative conference:
(1)in person at the Board's office in Austin, Texas;
(2)by telephone;
(3)by video conference; or
(4)in writing.
(c)[(b)] An applicant or [
A] respondent may, but is not required to, have an attorney
or other advocate present at an investigative conference.
(d)[(c)] An applicant or [
A] respondent will be provided with a Statement of Investigative
Conference Procedures and Rights (IC Form) not later than three days
before the date of the investigative conference. The applicant
or respondent and the applicant's or respondent's
attorney, if any, must acknowledge receipt of the IC Form by signing
it and delivering it to the Board at the beginning of the investigative
conference.
(e)[(d)] The Board will provide
a copy of the investigative report to the applicant or respondent
and the applicant's or respondent's representative(s),
if any, not later than three days before the date of the investigative
conference if the applicant or respondent and the
applicant's or respondent's representative(s), if any:
(1)Submit a written request for a copy of the investigative
report not later than five days before the date of the investigative
conference; and
(2)Sign the Board's confidentiality agreement prohibiting
the re-release of the investigative report, without written
permission of the Board or a court order, to anyone other than
the:[.]
(A)applicant;
(B)respondent;
(C)applicant's or respondent's supervisory
appraiser, if any;
(D)applicant's or respondent's legal
representative(s); or
(E)an expert witness for the applicant
or respondent.
(f)[(e)] Participation in an
investigative conference is not mandatory and may be terminated at
any time by any person [either party].
(g)Recording Investigative Conferences.
Any person may record an investigative conference by providing the
notice required in this section.
(1)Notice Required.
(A)A person choosing to record an investigative conference
must provide written notice to the other person(s) participating in
the investigative conference three days before the date of the conference.
(B)The notice must state how the person intends to
record the investigative conference.
(C)For purposes of this section, the term "written
notice" includes a letter or e-mail.
(2)Audio Recordings. A person who chooses to make
an audio recording of an investigative conference must provide:
(A)the recording equipment; and
(B)if requested by another person during or after
the investigative conference, a copy of the audio recording at the
recording person's expense within seven days after the date of the
request.
(3)Recording by Court Reporter. A person who chooses
to have a court reporter record an investigative conference does so
at the person's own expense and must:
(A)allow any person who participates in the investigative
conference to make corrections to the court reporter's transcript;
and
(B)provide an electronic copy of the final transcript
to all persons who participate in the investigative conference at
the recording person's expense within seven days after the transcript
is final.
(h)[(f)] At the conclusion of
the investigative conference, the Board staff may propose a settlement
offer that can include administrative penalties and any other disciplinary
action authorized by the Act or recommend that the complaint be dismissed.
(i)[(g)] The respondent may
accept, reject, or make a counter offer to the proposed settlement
not later than ten (10) days following the date of the investigative
conference.
(j)[(h)] If the parties cannot
reach a settlement not later than ten (10) days following the date
of the investigative conference, the matter will be referred to the
Director of Standards and Enforcement Services to pursue appropriate
action.
(k)In this section, the term "person"
includes:
(1)an applicant for a license or registration;
(2)a respondent to a complaint; and
(3)the Board.
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the
state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on March 2, 2020
TRD-202000941 Chelsea Buchholtz
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 12, 2020
For further information, please call: (512) 936-3652
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