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(a)Denial of a License, Renewal, or Reinstatement.
(1)If the Board denies the issuance, renewal or reinstatement
of a license, the Board shall promptly give written notice of denial
to the applicant. If the applicant is supervised by another license
holder, the Board shall send a copy of the notice of denial to the
supervisory appraiser.
(2)The notice of denial shall include:
(A)a statement of the Board's action;
(B)a summary of the facts and laws on which the action
is based;
(C)a statement of the right of the person to request
a hearing; and
(D)the following language in capital letters in boldface
type: IF YOU FAIL TO REQUEST A HEARING IN WRITING WITHIN 30 DAYS,
THIS DETERMINATION WILL BECOME FINAL.
(3)If a person fails to request a hearing in writing
within 30 days of receiving the notice, the Board's determination
will become final.
(b)Adverse Action.
(1)If the Board proposes to take adverse action against
a license holder, former license holder, registrant, or a person for
unlicensed activity, the Board shall promptly give written notice
to the person against whom the action is proposed to be taken. If
an appraiser trainee is the respondent, the Board shall send a copy
of the notice to the supervisory appraiser.
(2)The notice of adverse action shall include:
(A)a summary of the facts and laws on which the proposed
action is based;
(B)a statement of the action proposed by the Board,
including the proposed sanction and/or the amount of any administrative
penalties; and
(C)a statement of the right of the person to a hearing.
(c)A license holder who has agreed in writing to suspension
or revocation for failure to comply with the terms of a consent order,
consent agreement, or agreed order in connection with an application
or a previous disciplinary matter is deemed to have had notice and
an opportunity for a hearing in a subsequent action resulting from
failure to comply with an administrative requirement of probation,
such as payment of a fee or completion of coursework.
(d)Notices sent under this section are complete and
effective if sent in the manner described in §157.9 of this title
(relating to Notice of Hearing).
(e)The mailbox rule described in §157.9 of this
title applies to notices sent under this section if the notice was
sent to the respondent's or applicant's mailing address or email address
as shown in the Board's records in the manner described in §157.9
of this title.
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-202201801 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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