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(a)The Board may request an applicant or respondent
to schedule an investigative conference to discuss a pending license
application or the allegations of a pending complaint.
(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)An applicant or respondent may, but is not required
to, have an attorney or other advocate present at an investigative
conference.
(d)An applicant or 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)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):
(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)Participation in an investigative conference is
not mandatory and may be terminated at any time by any person.
(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)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)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)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 TALCB or his or her
designee 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 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 6, 2022
TRD-202201804 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: May 26, 2022
Proposal publication date: March 11, 2022
For further information, please call: (512) 936-3652
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